359Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud

1. This section applies to a benefit apportioned between spouses or partners so that—

2. one proportion of the benefit (proportion B) is paid to one spouse or partner (B); and
3. another proportion of the benefit (proportion S) is paid to the other spouse or partner (S); and
4. the beneficiary entitled to the benefit, for the purposes of those regulations, is either B or S.

5. However, this section does not apply to the apportioned benefit unless—

6. all or part of proportion B is—
   1. an amount in excess of the amount to which B is by law entitled or to which B has no entitlement; and
   2. an amount obtained by fraud by B; and
   3. a debt due to the Crown, and subject to recovery under section 362, from B; and
7. all or part of proportion S either is, or is not,—
   1. an amount in excess of the amount to which S is by law entitled or to which S has no entitlement; and
   2. an amount obtained by fraud by S; and
   3. a debt due to the Crown, and subject to recovery under section 362, from S; and
8. S either knew, or ought to have known (even if S did not know), of the fraud by B.

9. S is jointly and severally liable for B’s debt referred to in subsection (2)(a)(iii), and that amount is a debt due to the Crown, and subject to recovery under section 362, from S.

10. This section does not limit or affect any civil or criminal liability under any other law—

11. of B for, or in respect of, the debt referred to in subsection (2)(a)(iii); or
12. of S for, or in respect of, the debt referred to in subsection (2)(b)(iii).

Compare

• 1964 No 136 s 83AA(1), (2), (3)