A clawback notice usually involves a large sum, and often arrives together with a sanction surcharge and a bar on future funding. If you have received one, start by checking the deadline for filing a statement.
Both the grounds recognised for the clawback and the amount are open to challenge.
When we
can help CASES
- You have received advance notice of a clawback decision on a national or local government subsidy, grant or contribution
- An expenditure line has been classified as use outside the stated purpose, and the entire project budget is being recovered
- Insufficient documentation at the settlement stage has been treated as fraudulent receipt
- A sanction surcharge has been imposed alongside the clawback, or exclusion from future programmes has been signalled
- The decision has already been issued and you need to prepare an objection or administrative appeal
Where it can be challenged GROUNDS
The factsWhether an improper method was actually used, and whether it is distinguishable from simple error or administrative mistake
Scope of recoveryWhether the whole budget is at stake or only the disputed line, and whether the amount is overstated
ProportionalityWhether the amount recovered and the surcharge are excessive relative to the breach
Procedural defectsWhether advance notice, the opportunity to be heard and the statement of reasons were properly given
Legitimate expectationWhether the spending followed guidance or approval given by the agency itself
How it proceeds PROCESS
- 01Deadlines and reviewWe first confirm the statement deadline on the notice and the periods for objection and administrative appeal.
- 02Rebuilding the spending recordThe proposal, agreement, settlement report and supporting documents are matched line by line to identify what can be disputed.
- 03Filing the statementBefore the decision is issued, we try first to narrow the scope of recovery or have it withdrawn.
- 04Objection and appealOnce the decision is final, we file an objection or administrative appeal within the statutory period.
- 05Follow-upWe handle the further explanations and documents required during the adjudication.
What to prepare CHECKLIST
- The notice or decisionAdvance notice of the clawback decision, or the decision already issued
- Award documentsAward decision, agreement, project proposal
- Settlement and payment recordsSettlement report, tax invoices, bank transfers, contracts
- Correspondence with the agencyOfficial letters and emails showing how the matter developed
Miss the period and the matter becomes very hard to contest. An administrative appeal must be filed within 90 days of learning of the decision and within 180 days of the decision itself. Contact us as soon as the notice arrives.
CONTACT
Have you received a clawback notice?
Send us the notice and we will tell you how much time is left and where the decision can be challenged.