Misrepresentation and failure to disclose - General considerations: Considering recoverability
SS A Act 1992, section 71 (2), (5), NI A Act section 69(3), (5)
When considering the recoverability of an overpayment the following must be decided;
- whether any person has misrepresented or failed to disclose a material fact
- whether, as a result of any misrepresentation or failure to disclose, payment of benefit has been made
- who made the misrepresentation or failed to disclose.
If there is a recoverable overpayment
The following action has to be taken
- the amount of the recoverable overpayment, if any, must be calculated
- a decision on the overpayment question must be given, stating
- the amount that is recoverable and
- the period during which the amount was paid and
- the person from whom it is recoverable.
The words material fact should be given a reasonably wide meaning. They cover any factreasonably considered to affect the entitlement to, or payability of, any benefit.