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<p>We recognise that this is a difficult and sensitive issue, and have set up procedures
that are mindful of the sensitivities involved. To claim the exception the claimant
will need to provide a completed pro-forma from an approved third party or evidence
relating to either a relevant criminal conviction or relevant award of criminal injuries
compensation. DWP staff will not question the claimant about the incident, they will
only take the claim and receive the supporting documents. Claimants will be asked
to confirm that they are not living with the other biological parent of the child
during the process of providing evidence. They will not be asked to identify the alleged
perpetrator.</p><p>Where a pro-forma is provided from a third party, DWP staff will
check that the form is complete and verified by an approved third party. Where other
evidence is provided this will be checked and returned to the claimant.</p><p>The
decision regarding entitlement to the exception will be subject to the normal mandatory
reconsideration and appeal process.</p><p>DWP will hold exception information for
the duration of an open claim and then for 14 months after a claim is closed. This
is in accordance with standard procedures and to ensure that the 14 month maximum
appeal period for decisions is observed.</p><p>Where a claimant moves between Child
Tax Credit and Universal Credit, the information with regard to the exception will
be shared between DWP and HMRC to prevent the claimant from having to provide evidence
for the exception a second time. A secure data transfer method has been set up to
manage this process. In the case of an appeal, information will be shared with HMCTS
to facilitate the appeal. This will be managed in line with data protection requirements.</p><p>Any
disclosure request for information in relation to the exception would be considered
in liaison with the prosecuting authority as appropriate, in accordance with procedures
and practice applicable in the jurisdiction concerned and taking account of particular
circumstances, including the relevance of the documents requested to the case and
all applicable legal considerations including those relating to data protection.</p>
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