Section 358 — Social Security Act 2018: Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained

358 Recovery 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,— (a) S makes a false statement to, or otherwise misleads, MSD in the administration of this Act, in relation to any matter; and (b) 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. (2) The amount so paid in excess is a debt due to the Crown, and subject to recovery under section 362 , from S. (3) The excess amount may be recovered under this section from S on the basis that S is jointly and severally liable. (4) This section therefore does not limit or affect— (a) recovery under section 362 from B of the excess amount recoverable under this section and section 362 from S: (b) 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)