Did not intentionally contribute

You must consider if the client intentionally contributed to the error. Intent can be difficult to decide. You need to determine whether the client deliberately or intentionally took some action, failed to take some action or delayed a course of action which resulted in an overpayment. For example:

• the client entered into a marriage or civil union type relationship and did not inform Work and Income knowing that they had an obligation to do so
• the client started work and didn't advise Work and Income for 2 weeks knowing that their earnings may affect their entitlement to benefit

Note the benefit of the doubt must always be given to the client.

Where the client did intentionally contribute to the overpayment, you should consider referring the case to Fraud Investigation for further investigation.

For information about the other criteria that must be met, see:

• Received the money in good faith
• Changed their position
• Inequitable in all circumstances