CCM8260 - Closing the Examination

Who will meet the settlement? - A couple who are now separated

Although they made the claim as a couple and the legislation provides for them to be jointly and severally liable for the overpayment and the penalty, if they are separated by the time you come to settle the examination you must split the settlement between them.

You will be working the settlement with the objective of obtaining two separate letters of offer. How you split the settlement will depend on the case, but you cannot ask either of them to repay an overpayment or a penalty for a fraudulent or negligently incorrect claim where they had no knowledge of the fraud or neglect and could not reasonably have been expected to know of it.