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2.1.12 Collection of information from claimant
The MRCC has the power to require a claimant holding information relevant to the claim to furnish information requested by the MRCC. Normally this information is required within 28 days but the claimant can ask the MRCC to extend the period. If a claimant refuses or fails to provide the information without a reasonable excuse, the MRCC can apply penalties.
The authority to demand this information is contained in Section 330 of MRCA. When a letter is issued demanding information, this section of MRCA must be quoted. Failure to quote will leave the delegate unable to sanction the claimant should they not provide the requested information.
In the event that the information is not provided the delegate has the right under Section 330 to refuse to deal with the claim until the requested information is received. Alternatively, the delegate can determine the claim using the existing information and , should the claim be denied, the claimant can subsequently appeal the decision.
This also raises the further issue of when a delegate should proceed to make a decision when information sought is not forthcoming. A decision should only be made if the claim has been thoroughly investigated from all angles and the determination should state that information was sought but not forthcoming.