05 Completing the MF47 statement
Completing the MF47 statement
1. The MF47 statement must always be completed during a Customer
Compliance interview. Ask the customer if they would like to write the
statement themselves. If they do not wish to do so, the CCO must
complete the statement using the customer’s own words.
2. The statement should include the following:
current circumstances and any known future changes;
a full description of the facts of any non compliance established;
acceptance of the cause of the problem;
an agreement to repay any overpayment, regardless of the amount;
an understanding of the customer’s future responsibilities;
an understanding of the potential consequences of any future non-
compliance on the customer’s behalf; and
details of the identification seen, or if the interview is conducted over
the telephone note the questions asked around identification and the
customer’s responses.
3. In addition to the list above for CCG referrals the MF47 statement
should also include the following:
the reason for the CCG application;
the customers responses to any questions raised by the SFDM.
Small overpayment statement from customer
4. In order for small overpayments of £65.00 and under to be recovered
from the customer, the following exact form of words must be used on
the MF47 statement:
“I admit I knowingly gave false information” or “I admit I knowingly failed
to declare a change of circumstance” (as applicable).
5. Ask the customer to sign and date the statement immediately after
the last word. The CCO must witness and date the statement and
score through any unused parts to ensure no additions to the
statement can be made once the customer has signed it.
Refusal to sign the MF47 statement
6. If the customer refuses to sign the MF47 statement, the CCO must
take the following action:
Step
Action
1
in the presence of the customer, the CCO must sign and date the
MF47 statement and score through any unused parts to ensure
no additions to the statement can be made;
2
ask the CCM to countersign the statement, if present at the
interview or return to the office; and
3
Record the customer’s reasons for not signing the form on the
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interview activity on FRAIMS as per ‘Effective Visit’ instructions
within the ‘Visits’ section in the FRAIMS guidance.
Example of customer’s understanding to record on the MF47
7. The following is an example of what can be recorded on the MF47
statement to confirm that the customer understands the
consequences of future non-compliance:
“I know and understand that I must notify all changes in circumstances,
and that failure to do so may lead to action being taken against me.”
New and substantial information
8. New and substantial information is defined as:
New – a different offence type than the specific FRF given for the
Customer Compliance case;
Substantial – will have sufficient grounds to raise a new FRF that would
have the potential to achieve a sanction.
Note
the
exception for special rules when considering GMS capital
referrals.
6. For Risk F cases, all information given at the interview would be new
but may not be substantial.
New and substantial information is received
7. If new and substantial information is disclosed by the customer that
would indicate sanction action may be appropriate, the CCO must
limit the questions to obtaining sufficient information to allow the DM
to assess current benefit entitlement.
8. Do not ask questions about the customer’s previous entitlement as
the customer has not been cautioned as per PACE (England and
Wales only) and failure to comply with this will prejudice any potential
sanction action.
9. In rare circumstances, if new and substantial information is received
prior to the Customer Compliance interview being undertaken, the
case is routed to FIS. If FIS deem sanction action not appropriate,
the case may be transferred back to Customer Compliance to
complete their action.
The exception to new and substantial rules
10. There is one exception to the definition of new and substantial which
covers GMS capital referrals ISIR001, (merged with ISIR008)
JSIR001 (merged with JSIR008), ISIR005 and JSIR 005 only. These
referrals are generated where the capital exceeds the lower tariff
income level but falls short of the higher level. This means the
customer may have capital between £6,000 and £16,000.
11. At the start of the interview it should be made clear to the customer
that the interview is concerning the specific information on the FRF
(GMS referral).
12. If, when undertaking the interview it becomes apparent that the
customer has other savings that in total may exceed £16,000, the
case should be referred to FIS to investigate further.
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13. It is important that no commitments are made to the customer about
how the matter will now be handled and that questions are limited to
determining the total value of the capital. Any details obtained should
be captured on the MF47 statement.
14. Where possible the CCO should establish the total value of the
customer’s savings, and advise the customer that the matter now has
to be passed on to other colleagues for consideration.
15. The CCO should comp
lete a witness statement PF11 for attachment
to the FRF when the case is passed to FIS.
16. The case should be referred to the DM for a decision on current
benefit entitlement and if an MVA is applicable this should be
claimed.
17. An FRF should then be completed and referred to the CCM for
consideration.
18. These cases cannot later be referred back to Customer Compliance if
FIS are unable to obtain a sanction. Any further action would then
be undertaken by FIS.
19. In all of these cases the CCO must take the following action:
Step
Action
1
record the customer’s current details on the MF47 statement;
2
verbally advise the customer that details of the new and
substantial information will be passed for appropriate action to be
taken;
3
complete form LT54 outlining the details of the case to enable
the DM to make a decision on current benefit entitlement and to
arrange to make any necessary benefit adjustments on current
benefit entitlement. Ensure the LT54 is fully complete, as the DM
will return forms that have information missing.
where a potential overpayment has been identified, fully
complete form Ref2 and forward with the LT54, a copy of the
MF47 and all relevant documents (ie. 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
PDCS cases must not be sent direct to the DM, these must be
returned to the PDCS Operational Intelligence Unit;
7
forward details of the new and substantial information, with a
copy of the MF47 statement and
PF11 to the CCM as per
‘Information referred to Manager’ instructions within ‘New and
Substantial Information Received - Customer Compliance
Actions’ section in the FRAIMS guidance; and
8
the CCM must confirm the information is new and substantial as
per ‘Manager’s Decision’ instructions within the ’New and
Substantial Information Received - Customer Compliance
Actions’ section in the FRAIMS guidance and, if satisfied, returns
all relevant documentation (including the original referral
documents) to the CCO;
9
The
CCO
completes an FRF with full details as per ‘Manager
Agrees New Referral Required - Interview Taken Place’
instructions within the ‘New and Substantial Information received
- Customer compliance Actions’ section in the FRAIMS guidance
10
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;
11
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.
Example of new and substantial information being received
20. Angela is visited regarding an FRF of living together with an unnamed
partner. She denies that she has a partner, however during the
course of the interview she tells the CCO that she has been working
full time for three years whilst receiving benefit.
21. Exception example - No capital previously declared on the customers
claim to benefit. CCO receives a GMS match detailing undeclared
savings held by Lloyds TSB indicative of lower level tariff income.
When questioned, the customer acknowledges savings with Lloyds
TSB, but declares their actual value to be £18,000.
22. When considering the exception, the total amount of capital, either on
the original match or any other accounts identified at the interview,
must be taken into account.
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