Decline letters

When a correction power decision is declined every situation is different and each letter should be written on a case by case basis.

There will be no CMS letter for a declined correction power decision, so you will need to write the letter, and below are some suggested paragraphs to help you. Before it is sent to the client the decline letter must be reviewed by the manager client service delivery and then the regional solicitor.

There are 2 possible situations where a decline letter could be sent, including where:

When something other than a Review of Decision led you to consider correction power, you will need to send a letter to the client advising them of the decision.

Consideration of correction power may have come from Ministry staff so the client may not be aware of the situation. Depending on whether the client was contacted during the correction power assessment or not, here are some possible paragraph options for a decline letter:

• We are now able to backdate the payment of a benefit when, because of a mistake we have made, you did not make or complete an application for a benefit at an earlier time.
• In your case we found that we did not make a mistake that stopped you from making or completing an application for a benefit at an earlier time. This means we cannot backdate the payment of a benefit or grant you a benefit from an earlier date

Note include the following review rights paragraph:

• You can ask for this decision to be reviewed if you do not agree with it. We have forms available for you to use, or you can write to us. You must do this within 3 months of the date on this letter. When there is a good reason for a delay, a review may still be possible after this time. If you want to contact us, we can explain more about our decision and the review process.

Where a Review of Decision in relation to a commencement date led you to consider correction power you will need to send a letter to the client advising them of the decision.

The client needs to be aware that if they choose to review the decision to decline the use of correction power, they have the opportunity to combine this review with their existing review about their commencement date.

Depending on the client's situation here are some possible paragraph options for a decline letter:

• We are now able to backdate the payment of a benefit when, because of a mistake we have made, you did not make or complete an application for a benefit at an earlier time
• On [date] we received your application for a review of our decision to start your [benefit] from [date]. As part of this review we have found that we did not make a mistake that stopped you from making or completing an application for benefit at an earlier time

Note include the following review rights paragraph:

• You can ask for this decision to be reviewed if you do not agree with it. We have forms available for you to use, or you can write to us. You must do this within three months of the date on this letter. When there is a good reason for a delay, a review may still be possible after this time. If you want to contact us, we can explain more about our decision and the review process.

Plus

• You can combine this with your existing Review of Decision. Please let us know if you want to do this and we will arrange for both reviews to take place at the same time.