Client has overpayment of family credit £4566.68 has paid back £2791.20 direct from benefit. Client was in abusive relationship when family credit overpayment arose, partner completed form but client signed forms as main claimant. Client is happy to pay half of overpayment. They are not pursuing ex-partner at all although he has also been on benefits for most of the time. Can they take whole amount from client and not pursue ex at all? Is there nothing that states they would pursue both equally?
Any help would be appreciated.

I don't know if the law is the same in England, but in Scotland there is something called "joint and several liability", which means that if two people apply for something, be it benefits, loans, credit etc, then either party can be pursued for the full amount should the other default. As your client would have had to apply jointly with her partner for tax credits, then she can be held liable for the full amount of any over payment. You could try claiming hardship...sorry, I had a moment of weakness there and thought that the IR might actually be true to their word and consider reducing overpayments because of difficult circumstances.

Just noticed you're in Bathgate.

Ali

with family credit, the husband is usually the alternative payee.
in a similar case - abusive husband, recent separation, i was able to persuade them without too much difficulty, that it was unfair to recover from client _in the circumstances_ - her husband had caused the overpayment and was the one who had benefitted from it. they agreed and iirc said they would seek recovery from husband.

This was before any recovery commenced. not sure how you would fare half way through a recovery, and i think the circumstances in which the o/p arose make a difference. the sec of state should not seek recovery in circumstances in which it would be unfair to do so, so depending on the facts of the case, you could try, but it would have been better if your client had said something about it at the outset.

unless it is the outset and the recovery so far is through offset?

jj

Thanks very much for your postings.
Benefit has been deducted since 1999 so I may have a problem on my hands. I'll have a go and see what happens.