Prosecuting partners

The Ministry is able to prosecute a partner of a beneficiary where they:

• knowingly benefited or
• were reckless as to whether they are benefiting from their partner's welfare fraud

Knowingly benefited involves the partner having a degree of knowledge of the beneficiaries fraud and benefiting in some way from any overpayments. The partner does not need to know the precise nature of the fraud or the actual amount of overpayment.

Where the partner knows or is reckless as to whether their beneficiary partner is receiving benefit payments in excess of their entitlement by way of fraud and the partner benefits in some way, directly or indirectly, from the overpayment, the partner can be prosecuted.

Benefiting from a fraudulent overpayment can occur either directly or indirectly, for example as part of a common household.

Other examples may include, but are not limited to:

• the client and their partner's intentions were to commit fraud
• they made false or misleading statements knowing they were receiving benefit entitlements they would otherwise not be entitled to
• the partner was aware the client was receiving a benefit they were not entitled to (or at a higher rate than they were entitled to) and failed to declare this