CCM15520 - Undisclosed Partners: Recovery of Overpayment for cases opened before 17 May 2007 - Calculating the Settlement Figure

To arrive at your settlement figure you need to calculate –

  1. the gross overpayment – see CCM15510

  2. the notional entitlement – see below

  3. the net overpayment which is the gross overpayment in (a) less the notional entitlement in b.

  4. whether there is to be a penalty – see CCM15575

The method of settlement will depend on whether or not there is a penalty.

  • If there is no penalty to recover – see CCM15585.
  • If there is a penalty to recover – see CCM15595.

The amount of the notional entitlement will depend on the following circumstances of the case:-

  • If the partner is still living with the claimant – see CCM15530.
  • If the partner is no longer living with the claimant – see CCM15545.
  • If there has been a claim by a couple when they should have claimed as two single claimants – see CCM15560.
  • If both the claimant and the partner had made a claim as single claimants – see CCM15565.