Procedure for individual cases of correction power
Once it is established that correction power should be considered in a particular situation, and that situation is for an individual case, you will need to use the following steps:
Step 1
The client must complete the relevant application form and provide the relevant verification for that benefit before you consider correction power.
Note if the client is making a current application for a benefit, the client should fill out an application form and complete the application process to ensure the current application is not delayed.
Step 2
If it is not clear that an earlier application was made you will need to complete an assessment using the correction power assessment note template and answer the following information:
- are section 311 (commencement of benefits), Scoble or Taylor legal rules applicable?
- what is the possible error or omission?
- has the client been contacted and what evidence exists?
- the benefit types and periods that are affected and
- using the income deduction assessment form to calculate the amount of potential payment
Support for completing the assessment is available from your service centre trainer, your manager client service delivery and Helpline.
The regional solicitor must be consulted by the manager client service delivery before the CMS correction power recommendation template is completed.
For more information see:
Step 3
The service centre trainer checks the income deduction assessment form for the correct dates and rates of benefit.
Step 4
Your service centre manager will complete the necessary fields in the CMS correction power recommendation template.
Note the should also consider if the individual case could lead to a class case.
Step 5
The manager client service delivery sends all the information to the delegated authority via email asking them to make a decision on this individual case.
The email from the manager client service delivery should explain that the recommendation is that correction power be used to pay the client and should briefly cover the following:
- the client's details, including client number so the delegated authority can check CMS
- the total amount payable
- the name of the benefit(s) concerned and
- the period(s) the payment covers
For more information see:
Step 6
The delegated authority will:
- refer to the CMS template assessment and recommendation notes
- consider if the benefit can be backdated using correction power
- consult with Legal Services to assist them in either approving or declining the use of correction power
