361Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud

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

2. B has obtained or received an amount (payment, credit, or advance)—
   1. in excess of the amount to which B was entitled; or
   2. to which B has no entitlement; and
3. B, in MSD’s opinion, obtained that amount (payment, credit, or advance) in excess by fraud; and
4. none of the amount in excess has been apportioned to S; and
5. S, in MSD’s opinion, either—
   1. knowingly benefited directly or indirectly from B’s fraud; or
   2. ought to have known (even if B did not know) that S was benefiting directly or indirectly from B’s fraud.

6. The amount in excess that S obtained by B’s fraud is a debt due to the Crown, and subject to recovery under section 362, from S.

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

8. This section therefore does not limit or affect—

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