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Unjust enrichment and recovery

If you have paid income or a benefit on incorrect grounds, to the wrong person or excessively, do the following:

When you discover the error: correct the original report and indicate the unjustified enrichment.

Once the income has been recovered: submit a new recovery report.

It is important to report an unjust enrichment to ensure that the correct income will be used as the basis of benefits granted to the income earner.

Reporting an unjust enrichment

Report the unjust enrichment as soon as possible after the discovery of the error and no later than after one month after the discovery of the unjust enrichment.

An unjust enrichment must be reported irrespective of whether the excess benefit will be recovered or whether it will not be recovered at all or recovered only in part.

There are three ways to report the recovery of an overpayment

Report the recovery once the income has been actually recovered from the income earner. You will need to report the date of recovery, the amount paid and the income earner who paid the amount. Submit the report no later than the on the 5th calendar day after the day on which you received the data.

Income cannot be reported as recovered until it has first been reported as an unjust enrichment. Recovered income cannot be reported to the Incomes Register as a negative amount.

Report the amount recovered with a new report. Enter the day on which the income earner paid the overpayment as the payment date. Use the same income type you used to report the income as an unjust enrichment.

There are three ways to report income recovery:

In gross recovery, the payer recovers the overpayment from the income earner as a gross amount. The recovered amount includes the share of withholding originally carried out from the income.

In net recovery, the payer recovers from the income earner the overpayment, from which they have first deducted the proportion of withholding carried out on the income on the original payment date.

In offsetting, the payer will deduct the previous overpayment from the next payment made.

    • The offsetting of earnings, i.e. treating the earnings as an advance payment, will distort the income of the income earner. The income earner may be wrongly awarded benefits, and the payer may have to ask for further information.
      • Therefore, always use gross or net recovery, if possible.
      • In general, offsetting is only allowed if the overpayment can be deducted in full from the next payment. In offsetting, the unjust enrichment or recovery are not reported.
    • Read more about offsetting from Benefits: Recovery and recourse.

Detailed instructions and examples

Earnings payment data – see examples on reporting and read more about how to make corrections:

Section 3, Reporting and retroactively correcting a payment made on incorrect grounds

Section 4, Recovery of a payment

Section 8, Key rules regarding corrections and the reporting of overpayments

Benefits payment data – see examples on reporting and read more about how to make corrections:

Section 6, Reporting unjust enrichment and recovery

Page last updated 6/20/2023