CBTM05110 - Misrepresentation and failure to disclose - General considerations: Consideration of evidence

SS A Act 1992, section 71 (1), SS A (NI) Act section 69 (1)

The onus of proof that overpaid benefit is recoverable initially rests with Her Majesty바카라 사이트™s Revenue & Customs.

All the necessary evidence should be obtained before determining the question of an overpayment.

Normally, the decision whether a recoverable overpayment has occurred should be made without the need for further enquiry. However, where the evidence needed may not be obvious, the necessary enquiries should be made. For example;

  • There may be a question whether it was reasonable to expect disclosure by the claimant in the first place. Clarification of the claimant바카라 사이트™s state of knowledge and information available to him at the time will be required

or

  • Clarification of the circumstances in which an oral disclosure was made, to decide whether that disclosure was adequate, may be needed.