THE HOUSEHOLD ALLOWANCE EXISTS IN ANY EVENT WHERE THE SPOUSES HAVE ONE OR MORE DEPENDENT CHILDREN AND THAT THE PROHIBITION ON THE OVERLAPPING OF BENEFITS ONLY APPLIES WHERE BOTH SPOUSES ARE EMPLOYED IN THE SERVICE OF THE COMMUNITIES .
4 AS AGAINST THAT IT MUST BE STATED THAT THE CLEAR AIM OF ARTICLE 67 ( 2 ), WHICH ESTABLISHES A GENERAL PRINCIPLE APPLICABLE IN EVERY CASE , IS TO PREVENT A MARRIED COUPLE FROM DRAWING TWO HOUSEHOLD ALLOWANCES SINCE THEY ARE OF LIKE NATURE AND PAID FOR THE SAME PURPOSE : TO FACILITATE THE LIFE OF AN OFFICIAL WHO IS MARRIED OR WHO , WHATEVER HIS FAMILY SITUATION , HAS ONE OR MORE DEPENDENT CHILDREN .
5 ON THE OTHER HAND , ARTICLE 1 OF ANNEX VII , IN PARTICULAR PARAGRAPH 3 THEREOF , CONTAINS IN FACT NO RULE WHICH PROHIBITS THE OVERLAPPING OF BENEFITS AND ITS SUBJECT-MATTER IS DIFFERENT FROM THAT OF ARTICLE 67 ( 2 ): IT PROVIDES THAT THE HOUSEHOLD ALLOWANCE IS LOST WHERE THE INCOME OF THE SPOUSE OF THE OFFICIAL EXCEEDS A CERTAIN LIMIT , REGARDLESS OF WHETHER THE SPOUSE RECEIVES SUCH AN ALLOWANCE , AND THAT THE OFFICIAL IS ENTITLED TO THAT ALLOWANCE ONLY WHERE THE SPOUSES HAVE ONE OR MORE DEPENDENT CHILDREN . IT CANNOT THEREFORE BE DEDUCED FROM THAT PROVISION THAT A COUPLE WITH DEPENDENT CHILDREN MAY IN ANY EVENT DRAW THE HOUSEHOLD ALLOWANCE TWICE .
6 FURTHERMORE , ARTICLE 1 ( 4 ) OF ANNEX VII SPECIFIES THAT WHERE A HUSBAND AND WIFE ARE EMPLOYED IN THE SERVICE OF THE COMMUNITIES AND ARE BOTH ENTITLED TO THE HOUSEHOLD ALLOWANCE , IT SHALL BE PAYABLE ONLY TO THE PERSON WHOSE BASIC SALARY IS THE HIGHER .
7 ACCORDINGLY , IT IS CLEAR THAT THE AIM OF ARTICLE 67 IS TO ENABLE EACH FAMILY TO RECEIVE ONLY ONE HOUSEHOLD ALLOWANCE , PAID AT THE MAXIMUM RATE .
8 AS IN THIS INSTANCE IT IS NOT DISPUTED THAT THE APPLICANT ' S HUSBAND DRAWS A HOUSEHOLD ALLOWANCE AND THAT IT IS GREATER THAN THAT WHICH THE APPLICANT COULD DRAW , SHE WAS RIGHTLY REFUSED THE HOUSEHOLD ALLOWANCE UNDER ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS AND THE SUBMISSION MUST BE REJECTED AS UNFOUNDED .
IN THOSE CIRCUMSTANCES IT IS UNNECESSARY TO CONSIDER THE PRELIMINARY OBJECTIONS RAISED BY THE COMMISSION .
RECOVERY OF THE OVERPAYMENTS ON THE BASIS OF ARTICLE 85 OF THE STAFF REGULATIONS
9 ON THAT POINT THE DISPUTE CONCERNS WHETHER THE ADMINISTRATION OF THE COMMISSION IS ENTITLED TO DEMAND THE REPAYMENT OF THE OVERPAYMENTS IN ACCORDANCE WITH ARTICLE 85 OF THE STAFF REGULATIONS WHICH PROVIDES THAT ' ' ANY SUM OVERPAID SHALL BE RECOVERED IF THE RECIPIENT WAS AWARE THAT THERE WAS NO DUE REASON FOR THE PAYMENT OR IF THE FACT OF THE OVERPAYMENT WAS PATENTLY SUCH THAT HE COULD NOT HAVE BEEN UNAWARE OF IT . ' ' IT FOLLOWS FROM THAT PROVISION THAT FOR A SUM PAID WITHOUT JUSTIFICATION TO BE RECOVERED EVIDENCE MUST BE PRODUCED TO