Jointly and severally liable
This is where 2 or more people are each liable for 100% of a debt. Each is responsible for the full amount of the debt until it is repaid. Payment may be sought from any one of the parties, or from any and all of the parties, in various amounts until the debt is paid in full.
If any of the parties do not have enough money to pay, the other parties must make up the difference.
Ought to have known
This is a common expression of the legal concept called constructive or objective knowledge. It is knowledge that a person would have had if they had made inquiries that any reasonable person would have made in the same circumstances.
A person 'ought to have known' they were benefiting from welfare payments if they had made inquiries that any reasonable person would have. For example:
- they made no attempt to question where the money coming into the household was from
- they did not question how their partner or spouse was paying for living expenses
For more information see:
Legislation
- Debts and deductions: fraud sections 359-361 Social Security Act 2018
