CCM15510 - Undisclosed Partners: Recovery of Overpayment for cases opened before 17 May 2007 - Notifying the Claimant
Where you have concluded that the claimant has or had been living with a previously undisclosed partner you should explain:
- your conclusion – see CCM15350
- the nature of their offence which will either be
- they made an incorrect claim. They might have gone on to repeat this in the end of year declaration.
- they failed to notify a change of circumstance. They might have gone on to make an incorrect end of year declaration.
- the award will be terminated from the date the partner joined the household and all tax credits paid from that date will be overpaid.
- they might be eligible to make a new claim either as a couple or as a single person if their partner is no longer living with them. In some cases it will not be necessary to give this advice because a new claim will already have been made.
In addition to the above points you will have to advise the
claimant that although the full overpayment is repayable to HMRC we
might be able to waive part of this sum. The point at which you
mention this will depend on the circumstances of the case. You
might have mentioned this at a meeting with the claimant in which
case you can repeat it in your follow- up letter. Alternatively,
you may feel the claimant will appeal against your decision in
which case it should only be mentioned when you are in a position
to finalise the decision. Between these two extremes there will be
other cases where following a meeting the claimant has contacted
you to say they now accept they were living with a partner. In
these cases you should tell the claimant about the possibility of
waiving part of the overpayment once they accept your conclusion.
There is no right of appeal against our decision under S28(1) to
recover all or part of an overpayment.
Once you have revised the award you will be able to calculate
the amount to be recovered – see
CCM15520.
