Section 361 — Social Security Act 2018: Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud

361 Recovery 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— (a) B has obtained or received an amount (payment, credit, or advance)— (i) in excess of the amount to which B was entitled; or (ii) to which B has no entitlement; and (b) B, in MSD’s opinion, obtained that amount (payment, credit, or advance) in excess by fraud; and (c) none of the amount in excess has been apportioned to S; and (d) S, in MSD’s opinion, either— (i) knowingly benefited directly or indirectly from B’s fraud; or (ii) ought to have known (even if B did not know) that S was benefiting directly or indirectly from B’s fraud. (2) 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. (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 86AA