04 Undertaking the Customer Compliance interview
The Customer Compliance interview
1. The aim of the Customer Compliance interview is to:
discuss the case having regard to the reason for the referral
obtain accurate information from the claimant
conduct a full review of the claimant’s circumstances
reinforce claimant responsibilities.
2. At the interview, the Customer Compliance Officer (CCO) will take the
following action:
Step Action
1
Introduce themselves using their identity card for home visits, or
their identity card or appropriate name badge for office visits.
2
Confirm the claimant’s identity. Suitable documents to confirm
identity are the following that state the claimant’s name and
address:
passport
driving licence
utility bill
rent agreements
bank statements
identity card.
If the claimant cannot provide evidence of their identity, cross
check the most up to date personal information held on
Departmental records with the claimant and record details of the
checks on the file. This must also be done if the interview is
conducted over the telephone.
3
If it is an office interview, offer to reimburse the claimant’s travel
expenses. For Job Seekers Allowance (JSA) claimants, this will
only apply if it is not their normal day of attendance. For guidance
on claimant travel expenses see, the
DWP Corporate Customer
Affairs Guidance.
4
State the purpose of the interview. In cases where there is
information suggesting the case is or has been paid incorrectly
inform the claimant that this specific aspect will not lead to a
sanction. Benefit that has been overpaid may be repayable. If
Disability Living Allowance (DLA) or Attendance Allowance (AA) is
in payment as well as a Jobcentre Plus benefit, such as Income
Support or Jobseekers Allowance, the claimant must only be
interviewed about the Jobcentre Plus benefit. If new and
substantial information is obtained during the interview and the
CCO has grounds for suspecting that the DLA or AA claim is in
doubt, a new FRF must be completed and referred to PDCS FSU
via FRAIMS.
5
Conduct
a
robust and challenging interview with the claimant by:
asking questions in order to establish the truth, checking the
claimant’s understanding of their claim to benefit
link to page 5
establishing the current circumstances of the claimant to
enable a Decision Maker (DM) to make a decision on
entitlement to benefit which may include an
overpayment/underpayment of benefit
presenting the details of the Fraud Referral Form (FRF) or
potential incorrectness, without revealing the source, or
disclosing material marked or deemed sensitive
inviting and listening carefully to the response from the
claimant
questioning further to establish the facts around benefit
entitlement (for example, when did the alleged fraud/error
start? How long has it been going on for? How often?)
not being bound to accept the first answer given
completing
the CP2 (LT) where appropriate
warning the claimant about their conduct and that any future
failure to declare a change in circumstances may lead to
more serious action being taken by the department
asking the claimant for relevant documentary evidence;
limiting questions to current benefit entitlement where
new
and substantial information is received
obtaining a statement on form MF47, including where the
claimant has admitted that they knowingly gave false
information or knowingly failed to declare a change of
circumstances; See Section 5 – Completing the MF47
statement.
ensuring the claimant has signed the declaration on the
MF47 statement
making a brief record of the interview. All notes made need
to follow Data Protection Act 1998 principals and should be
fact, not opinion.
Recording details of the interview and discussion on FRAIMS as
per ‘Customer Attends the Interview’ instructions in the ‘Arrange
and Conduct An Interview’ section of the FRAIMS guidance. As a
minimum this should include:
the date of the interview
a brief account of what was discussed, such as any
allegation of living together/working/other denied or
admitted by the claimant
the outcome, such as living together denied by claimant, no
change to entitlement or maintenance declared from an
earlier date
the date of the change
whether the claimant knew to report the change
potential overpayment and recovery process, including
where the claimant has admitted that they knowingly gave
false information or knowingly failed to declare a change of
circumstances.
any potential underpayment and re-assessment
warning of future conduct regarding non-compliance.
Action required for specific circumstances
Living Together cases only
3. Occasionally the claimant may ask for some time to consider their
circumstances in discussion with the alleged partner. The CCO should
make a further appointment to interview the claimant within 10 calendar
days of the initial interview. They should obtain a statement as per the step
action above detailing the claimant’s current circumstances and their wish
to discuss with the alleged partner. If the claimant reports a change of
circumstances that leads to benefit being adjusted before the date of the
second interview, this contact would fall within the causal link guidance.
4. At the second and final interview a further statement should be obtained
detailing the claimant circumstances.
CCG cases only
5. The purpose of the CCG visit is to confirm with the claimant:
their circumstances are as stated on the application,
the reason for the application,
their response to any questions raised by the SFDM,
6. If appropriate the CCO should challenge the claimant’s response.
7. If the claimant is in receipt of benefit the CCO must also undertake a
review of the claimant’s claim.
8. It is considered reasonable for the CCO to ask to see items that the
claimant states have broken down such as a cooker or washer. If the
claimant refuses this must be noted on the pro-forma.
9. It is not reasonable to ask to see items such as beds and the CCO must
decline if offered to do so by the claimant.
10. Claimants cannot add further items to the application therefore CCOs will
need to advise claimants to make a further application if appropriate.
11. CCOs should not indicate to the claimant what the final decision on the
application will be.
Independent Living Funds
12. If the claimant declares any payments received from the following funds
funded by the Independent Living Fund, they should be informed that they
will be totally disregarded for benefit purposes:
MacFarlane Trust
MacFarlane (Special Payments) Trust
MacFarlane (Special Payments – No. 2) Trust Fund
Eileen Trust
Skipton Fund
London Bombings Relief Charitable Fund.
13. For further information see
Capital Investigations – Independent Living
Funds in the Fraud Guide.
Doubts regarding identity
14. If there is any doubt regarding the identity of the claimant continue with the
interview. Do not discuss with the claimant your suspicions concerning the
claimant’s identity. Complete an FRF as per ‘Manager Agrees New
Referral Required - Interview Taken Place’ instructions within the ‘New
and Substantial Information received - Customer Compliance Action’
section in the FRAIMS guidance following the interview providing full
details of the doubt and submit via FRAIMS for consideration of an
investigation.
Interpreters required at the interview
15. The claimant has the right to request an interpreter at the interview. The
CCO should also arrange an interpreter if they feel there is a
communication difficulty with the claimant and the interview cannot
proceed.
Other person present at the interview
16. The CCO should have regard to the needs of the claimant if they think
they may not understand what is happening at the interview.
17. This may include claimants who have a mental health condition or learning
difficulty who are incapable of understanding the significance of questions
put to them or their replies. These claimants may require the presence of
an appropriate adult at the interview. The appropriate adult must be
informed that they are not expected to act simply as an observer. Their
role is:
to advise the person being interviewed
to observe whether the interview is being conducted properly and fairly
to facilitate communication with the person being interviewed.
18. The definition of an appropriate adult is:
a relative, guardian or other person responsible for their care or custody
someone who has experience of dealing with mentally disordered or
mentally handicapped people who is not employed by the organisation
failing either of the above, some other responsible adult aged eighteen
or over who is not employed by the organisation.
19. If required, the CCO should ask the claimant if they would like the
interview re-arranging to an alternative date to enable the attendance of
the appropriate adult. If the person says that they do not want the interview
re-arranging or to be accompanied by an appropriate adult, the interview
should proceed. The fact that the person declined the presence of an
appropriate adult should be
noted on FRAIMS as per ‘Set up an Interview’
instructions within the ‘Arrange and Conduct an Interview’ section in the
FRAIMS guidance.
Persons at risk identified at the interview
20. If at the interview there are indications that a child or vulnerable person is
at risk of injury, ill treatment or neglect, take appropriate action as outlined
in the ‘Vulnerable persons’ guidance.
Domestic violence
21. If during the course of an interview with the claimant or partner they
indicate that they have any concerns or that they are victims of domestic
violence, the CCO must always signpost them to the most appropriate
help available and agree with them how they would like to receive
information about the help available.
22. If the claimant has access to the internet, signpost them to the
Direct Gov
website to enable them to get the expert help and advice they need or
details can be printed from the site and issued to the claimant. If it is not
appropriate for the claimant to use the Direct Gov website advise them to
access other available help through the Citizens Advice Bureau (CAB),
their family doctor or other local organisation or domestic abuse helplines.
23. When preparing for a visit, CCOs will need to be aware of the information
contained within this website. It is not necessary to carry these details at
all times, but if required the CCO should agree how the claimant would like
to receive this information.
Recording of interviews
24. The claimant may ask to record the interview. Requests to do so must be
accepted. The same principles apply in Scotland.
See DWP
Corporate Customer Affairs website.
Review of the claimant’s current circumstances
25. Where the claimant declares a change of circumstance, form A2 should
not be routinely completed as most of the information may not have
changed. Completion of the A2 is at the discretion of the CCO and the
reason must be recorded on FRAIMS as per ‘Effective Visit’ instructions
within the ‘Visits’ section in the FRAIMS guidance and the MF47
statement.
26. When reviewing a claimant’s current circumstances, it is essential that
details of a claimant’s phone number(s) (mobile/landline) are confirmed.
Any changes must be reported at the earliest opportunity, to:
Benefit Delivery Centre (BDC) for legacy purposes
Jobcentre for Labour Market System purposes.
Documentary evidence
27. The claimant must be asked to provide all the relevant documentary
evidence to enable the DM to decide benefit entitlement and/or
overpayment calculation. Allow the claimant 10 working days to provide
the evidence and warn them that failure to do so may affect benefit
entitlement. Record this activity on FRAIMS as per ‘Benefit Decision, FIS
& Customer Compliance’ instructions within the FRAIMS guidance.
28. If the claimant
does not provide the relevant evidence within 10 working
days contact the information provider direct. This is appropriate where the
claimant has signed an MF47 Statement declaring they have been
working.
29. If the information is not provided by the information provider within a
reasonable amount of time, take appropriate action as in
documentary
evidence not provided - Step four.
30. In cases where the claimant states that they have been working but will
immediately finish, the claimant is required to:
provide documentary evidence of dates of employment within 10
working days
make a new claim to benefit.
31. Additionally, if a referral suggests the claimant has undeclared capital in
the form of savings and at interview denies they have an account with the
bank/building society on the referral, the bank/building society in question
must not be contacted.
32. In cases where the claimant admits to a change in circumstances, advise
the claimant that the case will be referred to the DM and benefit
entitlement may be suspended immediately until the documentary
evidence is provided.
33. If further information or confirmation is required for benefit correctness or
overpayment calculation, take the following action:
Step
Action
1
For bank details complete form A42 and send to the relevant
Bank/Building Society. Record this activity on FRAIMS and set a
BF date on FRAIMS for the return of the A42 as per ‘Activities’
instructions in the FRAIMS guidance. If the claimant refuses to
sign the A42 obtain as much information as possible from the
claimant about their savings and include the details on the MF47.
If the A42 is not returned,
record the details on FRAIMS as per
‘Activities’ instructions in the FRAIMS guidance and take follow
up action with the financial institution. Forward the details to the
DM. Note that use of Social Security Fraud Act Powers is not
appropriate to obtain details from the financial institution. Under
no circumstances should the MF47 be issued to banks/building
societies.
2
If the Bank/Building Society refuses to accept the A42, contact
the bank to try and resolve this locally. Explain that CCOs can
only obtain bank account information using the A42. If the bank
still refuses to cooperate, pass the case with the information
held, to the DM for a decision to be made on continued benefit
entitlement.
3
Create an activity and B/F on FRAIMS to record that the case is
booked out to the DM/BDC pending a decision being made by
the DM on future benefit entitlement as per ‘Benefit Decision, FIS
& Customer Compliance’ instructions in the FRAIMS guidance.
4
For all other information claimant consent is required by inclusion
of authority on form MF47.
Contacting the employer
34. CCOs
must never contact an employer before interviewing the claimant.
35. If, during the interview, the claimant denies they have been working the
employer
must not be contacted. Any attempts to do so are in breach of
Article 8 of the European Convention on Human Rights. If at interview the
claimant admits to working and gives permission the employer can be
contacted.
Dealing with Bank Charges
36. Customer Compliance teams can pay for bank statements/charges but
should first consider the following:
Ask the claimant, it is their responsibility to provide sufficient evidence
to support their claim. If current entitlement is in doubt, the DM may
agree to suspend the claim on the information or admittance they
have.
Depending how much the overpayment will be, it may not be worth the
cost of paying for them.
As a last resort, agree to pay and pass through to the Finance team.
Informing the claimant about Jobcentre Plus services
37. The CCO has the responsibility to inform the claimant of other Jobcentre
Plus services available to them, for example an appropriate Personal
Adviser (PA).
Claimants in receipt of Jobseekers Allowance
38.
The CCO may decide that More Frequent Attendance (MFA) would be
appropriate for the claimant.
Claimant in receipt of other benefits
39. The CCO should consider referring non-JSA claimant to an appropriate
PA. This should be done by completing an A6/minute sheet and issuing it
to the relevant Jobcentre. The Jobcentre will then arrange an appointment
with the appropriate PA.
Bringing the interview to a close
40. At the end of the interview take the following action:
Step
Action
1
Ensure that the claimant has completed, signed and dated all the
relevant documentation.
2
Inform the claimant of the next steps, for example referral to Debt
Management.
3
Give the claimant a copy of the MF47 statement if they request
one. If the interview has been conducted via a home visit inform
the claimant that a copy will be sent by post.
Claimant refuses to comment
41. If the claimant refuses to comment, after you have asked initial questions,
take the following action:
Step
Action
1
Terminate the interview.
2
Update the interview activity on FRAIMS as per ‘Effective Visit’
instructions within the ‘Visits’ section in the FRAIMS guidance
along with anything the claimant said prior to asking questions.
3
Refer the case to the Customer Compliance Manager (CCM).
4
The CCM should consider referring the case to the DM for a
decision to be made on future benefit entitlement. Ensure that all
sensitive material has been removed from the file and the RM7
has been updated before referring the case to the DM.
5
Create an activity on FRAIMS to record that the case is booked
out to the DM/BDC as per ‘Benefit Decision, FIS & Customer
Compliance’ instructions in the FRAIMS guidance.
Request for the CCO to leave the claimant’s home
42. The claimant can request the CCO to leave their home at any point during
the interview. The CCO must do so immediately if asked by the claimant.
Inform the CCM and record the details on FRAIMS as per ‘Effective Visit’
instructions within the ‘Visits’ section in the FRAIMS guidance.
Interviews conducted by telephone
43. For interviews conducted by telephone, the CCO must take the following
action to conclude the interview:
Step
Action
1
Inform the claimant that the MF47 statement and form A42, if
appropriate, will be posted for them to sign and return along with
any relevant documentary evidence, immediately following the
interview. Ask the claimant to return the forms within 5 working
days.
2
If the claimant has reported a change in circumstances which
effects current benefit entitlement, notify the DM to review
entitlement immediately, following guidance at step 8 below, do
not wait for the MF47 to be returned.
3
Record all action on FRAIMS as per ‘Customer Attends the
Interview’ instructions within the ‘Arrange and Conduct an
Interview’ section in the FRAIMS guidance and retain in the file
along with a copy of the MF47 and A42 where appropriate.
4
Set a 5 working day B/F date on FRAIMS as per ‘Changing a
Due Date’ instructions within the ‘Activities’ section in the
FRAIMS guidance.
5
Send the MF47 and A42, if appropriate to the claimant.
6
If the MF47 and A42 have been sent to the claimant and have
not been returned within 5 working days contact the claimant to
remind them to return the documents.
Record the claimant
contact activity on FRAIMS as per ‘Manually Creating Activities ’
instructions within the ‘Activities’ section in the FRAIMS
guidance.
7
Set a further 5 working day B/F date and note FRAIMS as per
‘Changing a Due Date’ instructions within the ‘Activities’ section
in the FRAIMS guidance that the claimant has been contacted.
8
If a reply is not received by the second B/F date, complete form
LT54 outlining details of the case to enable the DM to make a
decision on the case and to arrange to make any necessary
benefit adjustments. Ensure the LT54 is fully complete as the DM
will return forms with information missing.
9
Where a potential overpayment has been identified, fully
complete form
Ref2 and forward with the LT54 and copies of all
relevant documents (i.e. wage slips etc.) to the DM for a decision
to be made on the case. See the Overpayment Referral guidance
for more detailed instructions.
10
Before referring the case to the DM remove all material marked
sensitive and complete the
RM7 to state the check has been
completed.
11
Pass the case to the Customer Compliance Support Manager
(CCSM) for them to complete the final sensitive material check.
12
Pension, Disability & Carers Service (PDCS) cases must not be
sent direct to the DM, these must be returned to the PDCS
Operational Intelligence Unit.
13
Create an activity on FRAIMS to record that the case is booked
out to the DM/BDC as per ‘Benefit Decision, FIS & Customer
Compliance’ instructions in the FRAIMS guidance.
14
Take the appropriate action once a decision has been made on
the case and has been returned from the DM/BDC as per
‘Benefit Decision, FIS & Customer Compliance’ instructions
within the FRAIMS guidance.
Claimant fails to attend the interview
44. If the claimant fails to attend or be available for an office interview a
second interview must be
arranged as per ‘Customer Fails to Attend the
Interview’ instructions within the ’Arrange and Conduct the interview’
section in the FRAIMS guidance.
Failing to attend a second interview
45. If the claimant fails to attend or be available for the second interview the
CCO must take the following action:
Step
Action
1
If the claimant has a good reason not to attend, rearrange the
interview a
nd update the interview activity on FRAIMS as per
‘Customer Fails to Attend an Interview’ instructions within the
‘Arrange and Conduct the Interview’ section in the FRAIMS
guidance.
2
If the claimant does not have good reason, complete form LT54
outlining the details of the case to enable the DM to make a
decision on the case and to arrange to make any necessary
benefit adjustments. The LT54 must be fully completed as the
DM will return forms that have information missing.
3
Where a potential overpayment has been identified, fully
complete form Ref2 and forward with the LT54 and copies of all
relevant documents, e.g. wage slips, etc to the DM for a decision
to be made on the case. See the Overpayment Referral guidance
for more detailed instructions.
4
Before referring the case to the DM remove all material marked
sensitive and complete the
RM7 to state the check has been
completed.
5
Pass the case to the CCSM for them to complete the final
sensitive material check.
6
DCS cases from PDCS must not be sent direct to the DM, these
must be returned to the DCS Operational Intelligence Unit.
7
Create an activity on FRAIMS to record that the case is booked
out to the DM/BDC as per ‘Benefit Decision, FIS & Customer
Compliance’ instructions in the FRAIMS guidance.
8
Take the appropriate action once a decision has been made on
the case and has been returned from the DM/BDC as per
‘Benefit Decision, FIS & Customer Compliance’ instructions
within the FRAIMS guidance.
Ineffective first home visit
46. If the visit to the claimant’s address is ineffective, the CCO must take the
following action:
Step
Action
1
Complete and leave form A16A and arrange a further visit, an
A16A CCG should be used for CCG visits. The original visit
activity must be updated on FRAIMS and a new activity created as per ‘Ineffective Visit’ instructions within the ‘Visits’ section in
the FRAIMS guidance. Do not make neighbourhood enquiries
about the claimant and their whereabouts.
2
There may be occasions where a second visit is not appropriate,
for example the property is unoccupied. In these cases, complete
form LT54, outlining details of the case, to enable the DM to
make a decision on the case and to arrange to make any
necessary benefit adjustments. Ensure the LT54 is fully
completed, as the DM will return forms that have information
missing.
3
Where a potential overpayment has been identified, fully
complete form Ref2 and forward with the LT54 and copies of all
relevant documents, e.g. wage slips, etc to the DM for a decision
to be made on the case. See the Overpayment Referral guidance
for more detailed instructions.
4
Before referring the case to the DM remove all material marked
sensitive and complete the RM7 to state the check has been
completed.
5
Pass the case to the CCSM for them to complete the final
sensitive material check.
6
DCS cases from PDCS must not be sent direct to the DM, these
must be returned to the DCS Operational Intelligence Unit.
7
Create an activity on FRAIMS to record that the case is booked
out to the DM/BDC as per ‘Benefit Decision, FIS & Customer
Compliance’ instructions in the FRAIMS guidance.
8
Take the appropriate action once a decision has been made on
the case and has been returned from the DM/BDC as per
‘Benefit Decision, FIS & Customer Compliance’ instructions
within the FRAIMS guidance.
Ineffective second home visit
47. If the claimant has a good reason for not being available, arrange an
interview at a mutually convenient time. Update the activity on FRAIMS
and create a new activity for interview as per ‘Ineffective Visit’ instructions
within the ‘Visits’ section in the FRAIMS guidance.
48. If the claimant fails to be available for the second visit without good
reason, the CCO must take the following action:
Step
Action
1
Complete and leave form A16A or A16A CCG to confirm that a
second visit was made and
update FRAIMS as per ‘Ineffective
Visit’ instructions within the ‘Visits’ section in the FRAIMS
guidance.
2
Complete form LT54 outlining details of the case to enable the
DM to make a decision on the case and to arrange to make any
necessary benefit adjustments. Ensure the LT54 is fully
completed, as the DM will return forms that have information
missing. For CCG risk H referrals the CCO should return the
referral pro-forma to the SFDM to make a final decision on the
application.
3
Where a potential overpayment has been identified, fully
complete form Ref2 and forward with the LT54 and copies of all
relevant documents, e.g. wage slips, etc to the DM for a decision
to be made on the case. See the Overpayment Referral guidance
for more detailed instructions.
4
Before referring the case to the DM remove all material marked
sensitive and complete the RM7 to state the check has been
completed.
5
Pass the case to the CCSM for them to complete the final
sensitive material check.
6
Carers Allowance cases must be returned to the PDCS
Operational Intelligence Unit and not direct to the DM.
7
Create an activity on FRAIMS to record that the case is booked
out to the DM/BDC as per ‘Benefit Decision, FIS & Customer
Compliance’ instructions in the FRAIMS guidance.
8
Take the appropriate action once a decision has been made on
the case and has been returned from the DM/BDC as per
‘Benefit Decision, FIS & Customer Compliance’ instructions
within the FRAIMS guidance.
Document Outline