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Simpler process to reduce rejected CDS applications - May-24-12
Source: LSC - Criminal Defence Service News
24 May 2012
New version 9 CDS14 form eases the admin burden
We have simplified the process for clients who unexpectedly fail the DWP link or are unsure whether they receive a passported benefit.
Before the version 9 CDS14 was introduced, clients in this position needed to record their financial circumstances on the CDS15.
This approach was known as the 'CDS15 Workaround'.
What happens now?
The new CDS14 form allows the workaround to be done on the CDS14 alone. We have called this process the 'Benefits Bypass'.
Does your client only need to complete the CDS14?
Defendants who only need to complete the CDS14 form are those where:
When completing the new forms, if your client is unsure of the specific benefit they receive (or the DWP link fails), they can provide details of these benefits at questions 15-22 of the CDS 14.
Answering questions 15-22, will direct the applicant to complete a CDS15 form where required.
What happens when the DWP link fails?
Where the DWP link fails, clients will not be granted a representation order until:
For Crown Court cases, the representation order will be dated from the day the form is submitted to the court.
But this will only happen if the documentation:
What does this mean for your client?
Passported defendants do not have to make contributions towards the cost of their case. The same is true for defendants processed using a CDS14 only.
However, applicants who complete a CDS15 who have capital and/or equity over £30k and are convicted in the Crown Court will become liable for a contribution towards the cost of their case.
So, if your client is sure that they are on a passported benefit, they should provide evidence to show they are in receipt of the benefit.
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