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HMRC internal manual

Claimant Compliance Manual

Undisclosed Partners: Recovery of Overpayments - Calculating the Settlement Figure where Examination or Enquiry settled between 17 May 2007 and 17 January 2010 and Genuine Error Applicable

To arrive at your settlement figure you need to calculate -

a.  the gross overpayment - see CCM15650

b.  the notional entitlement - see below

c.  the net overpayment which is the gross overpayment in (a) less the notional entitlement in (b).

Where you have agreed that Notional Entitlement is to be given we will not charge a penalty. Having accepted that the customer made a genuine error when they made their claim and it was reasonable for them to believe their claim was correct, we will not argue that they behaved negligently. The enquiry or examination will be settled without interest or penalties.

The amount of Notional Entitlement will depend on the following circumstances of the case:-

  • The claim was made by a single person when they should have claimed as a couple - see CCM15665.
  • The claim was made by a couple when they should have claimed as single customers - see CCM15685.
  • If both the customer and the undisclosed partner had made a claim as single customers - see CCM15690.