358Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained

1. This section applies to a beneficiary’s (B’s) spouse or partner (S) if, in MSD’s opinion,—

2. S makes a false statement to, or otherwise misleads, MSD in the administration of this Act, in relation to any matter; and
3. the benefit or an instalment of benefit is, as a result of the statement or misleading, paid in excess of the amount to which B is by law entitled.

4. The amount so paid in excess is a debt due to the Crown, and subject to recovery under section 362, from S.

5. The excess amount may be recovered under this section from S on the basis that S is jointly and severally liable.

6. This section therefore does not limit or affect—

7. recovery under section 362 from B of the excess amount recoverable under this section and section 362 from S:
8. any other civil or criminal liability of B, under any other laws, in respect of that excess amount.

Compare

• 1964 No 136 s 86(3), (3A)