Where you are satisfied that one of the partners did not know
about the fraud or neglect, you must not ask that partner to repay
the overpayment or pay a penalty. The settlement must be with the
other partner as if he/she was a single claimant.
In some cases there might have been more than one error and
it is possible for a partner to be aware of one error but not
another error. In these cases you will need to split the overpaid
credits and penalties between them in a reasonable manner. You
might then be asking one of them to enter into a letter of offer in
their own right for the error only they knew about and then ask
them to enter into a separate letter of offer in joint names. There
will then be 2 separate settlement charges for the Accounting &
Payments Service, Network Unit to pursue.
