30 Oct 2006
PATRICIA LINDA OWENS V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA131/05
- Citation
- openlaw-84b40585_15bf_4587_a775_450a6386db5c.pdf
- Court
- Court of Appeal
The Court held that under s86(9A) the chief executive may consider relative fault and the increased equity of the beneficiary's property when deciding whether it would be inequitable to require repayment of an overpayment; accordingly the appeals are dismissed.
- Overpayment recovery
- Change of position
- S86(9a) social security act 1964
- Relative fault
- Discretionary relief