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HMRC internal manual

Child Benefit Technical Manual

Deciding from whom the overpayment is recoverable

SS A Act 92, s 71(1) & (3), SS A Act (NI), s 69 (1) & (3)

An overpayment is recoverable from any person who caused that overpayment because they misrepresented or failed to disclose a material fact. Where a person is acting on the claimant’s behalf the overpayment may be recoverable from that person and/or the claimant.

R (SB) 21/82

Any person may mean

  • the claimant or
  • a person, other than the claimant, whose misrepresentation or failure to disclose caused the overpayment.

R (SB) 21/82

Where the person from whom recovery is sought is not the claimant it must also be shown that the disclosure was reasonably to be expected by that person and not the claimant or any other person.