CCM15675 - Undisclosed Partners: Recovery of Overpayments - Example of Notional Entitlement where Examination or Enquiry opened on or after 17 May 2007
The following is an example of a case where you have concluded
Notional Entitlement is available for the full period excluding the
period for which a new claim could be or was backdated.
Katie made a claim as a single person on 6 August 2005 and
this was not backdated. A 2005/2006 enquiry established Nick had
been living with her at the date she made her claim but she had
made a genuine error when she made the claim. By 1 December 2007
you are in a position to settle the enquiry and you terminate the
award as of 6/8/2005. On the same day Katie and Nick make a claim
as a couple and they backdate this 3 months to 1/9/2007.
The gross amounts overpaid between 6/8/2005 and 1/12/2005
are:
| 2005/2006 | (6/8/05 – 5/4/06) | £7,160 | |
| 2006/2007 | (6/4/06 – 5/4/07) | £9,440 | |
| 2007/2008 | (6/4/07 – 1/12/07) | £7,310 |
Katie was able to provide details of Nick’s income and
these agreed our records. Nick was not included in another claim.
Had Katie and Nick made a claim as a couple at the correct time
they would have received:
| 2005/2006 | (6/8/05 – 5/4/06) | £4,985 | |
| 2006/2007 | (6/4/06 – 5/4/07) | £5,235 | |
| 2007/2008 | (6/4/07 – 31/8/07) | £3,265 |
Katie’s net overpayments are therefore:-
| 2005/2006 | £2,175 | |
| 2006/2007 | £4,205 | |
| 2007/2008 | £4,045 |
