Keywords
Summary

Keywords

1 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - HOUSEHOLD ALLOWANCE - PROHIBITION ON OVERLAPPING OF ALLOWANCES - CONDITIONS OF APPLICATION

( STAFF REGULATIONS OF OFFICIALS , ART . 67 ( 2 ) AND ANNEX VII , ART . 1 ( 3 ))

2 . OFFICIALS - RECOVERY OF OVERPAYMENTS - CONDITIONS - BURDEN OF PROOF

( STAFF REGULATIONS OF OFFICIALS , ART . 85 )

Summary

1 . THE CLEAR AIM OF ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS , WHICH ESTABLISHES A GENERAL PRINCIPLE , IS TO PREVENT A MARRIED COUPLE FROM DRAWING TWO HOUSEHOLD ALLOWANCES AND THEREFORE TO ENABLE EACH FAMILY TO RECEIVE ONLY ONE HOUSEHOLD ALLOWANCE , PAID AT THE MAXIMUM RATE . THAT PROVISION MUST THEREFORE BE INTERPRETED AS MEANING THAT A MARRIED OFFICIAL IS NOT ENTITLED TO THE HOUSEHOLD ALLOWANCE WHERE THE HUSBAND OR WIFE DRAWS A HIGHER HOUSEHOLD ALLOWANCE THAN THAT WHICH THE OFFICIAL COULD DRAW , EVEN IF THE HUSBAND OR WIFE IS NOT IN THE SERVICE OF THE COMMUNITIES AND REGARDLESS OF WHETHER OR NOT THE COUPLE HAVE DEPENDENT CHILDREN .

IT IS IMPOSSIBLE TO DEDUCE FROM THE LAST SENTENCE OF ARTICLE 1 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS THAT A COUPLE WITH DEPENDENT CHILDREN MAY IN ANY CASE DRAW THAT ALLOWANCE TWICE . IN FACT , THE AIM OF ARTICLE 1 ( 3 ) IS DIFFERENT FROM THAT OF ARTICLE 67 ( 2 ) MENTIONED ABOVE IN THAT IT REFERS ONLY TO CASES IN WHICH THE INCOME , AND NOT THE HOUSEHOLD ALLOWANCE , OF THE OFFICIAL ' S SPOUSE EXCEEDS A GIVEN LIMIT .

2 . IT FOLLOWS FROM ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS THAT THE ADMINISTRATION MUST PRODUCE EVIDENCE TO SHOW THAT THE RECIPIENT WAS ACTUALLY AWARE THAT THERE WAS NO DUE REASON FOR THE PAYMENT OR THAT THE FACT OF THE OVERPAYMENT WAS PATENTLY SUCH THAT HE COULD NOT HAVE BEEN UNAWARE OF IT .