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 .
10 SINCE THE APPLICANT DISPUTES BOTH THAT SHE WAS AWARE THAT THERE WAS NO DUE REASON FOR PAYMENT AND THE EVIDENCE TO SHOW THAT , IT IS NECESSARY TO CONSIDER THE CIRCUMSTANCES IN WHICH THE ADMINISTRATION WAS LED TO PAY THE HOUSEHOLD ALLOWANCE TO THE APPLICANT .
11 THE ADMINISTRATION CALCULATES THE FAMILY ALLOWANCES PAYABLE TO ITS MARRIED EMPLOYEES ON THE BASIS PRINCIPALLY OF THE REPLY TO POINT NO 18 IN THE QUESTIONNAIRE FILLED IN BY ANY PERSON ENTERING ITS SERVICE . POINT NO 18 IS WORDED AS FOLLOWS : ' ' GIVE DETAILS OF THE FAMILY ALLOWANCES WHICH YOU RECEIVE FROM OTHER SOURCES . ' ' UNDER THAT QUESTION THERE ARE TWO DOTTED LINES ON THE FORM SET CLOSE TOGETHER ON WHICH IS TO BE WRITTEN THE REPLY TO THE QUESTION , WHICH IS MARKED BY AN ASTERISK REFERRING TO THE BOTTOM OF THE PAGE WHERE IT IS STATED ' ' ATTACH SUPPORTING DOCUMENT . ' '
IN REPLY TO THAT POINT THE APPLICANT MERELY WROTE THE FIGURE ' ' FRS 3 840 ' ' AND DID NOT PROVIDE ANY SUPPORTING DOCUMENT .
12 IN VIEW OF THE FACT THAT ARTICLE 67 OF THE STAFF REGULATIONS CLEARLY SPECIFIES THAT FAMILY ALLOWANCES COMPRISE :
( A ) THE HOUSEHOLD ALLOWANCE ;
( B ) THE DEPENDENT CHILD ALLOWANCE ;
( C ) THE EDUCATION ALLOWANCE ,
THE APPLICANT IS CRITICIZED FOR HAVING PROVOKED THE ERROR ON THE PART OF THE ADMINISTRATION BY FAILING TO INDICATE THE LEGAL REASON FOR THE SUM OF FRS 3 840 , WHICH WAS SOLELY AN ALLOWANCE IN RESPECT OF THE APPLICANT ' S DEPENDENT CHILDREN .
13 IT MUST BE OBSERVED , HOWEVER , THAT IN THE MEMBER STATES THE CONCEPT OF FAMILY ALLOWANCES IS GENERALLY UNDERSTOOD TO MEAN ESSENTIALLY DEPENDENT CHILD ALLOWANCES AND THAT THAT IS ALSO THE MEANING GIVEN TO THE TERM IN THE BELGIAN LEGISLATION TO WHICH THE APPLICANT WAS SUBJECT BEFORE SHE ENTERED THE SERVICE OF THE COMMISSION . IT IS THEREFORE DIFFICULT TO CRITICIZE THE APPLICANT FOR HAVING FAILED TO FIND OUT THE PRECISE DEFINITION OF THE TERM ' ' FAMILY ALLOWANCES ' ' AFTER ENTRY INTO SERVICE BY REFERRING TO ARTICLE 67 OF THE STAFF REGULATIONS .
14 THE ADMINISTRATION OF THE COMMISSION MUST ALSO BE CRITICIZED FOR FAILING TO DRAW UP QUESTIONNAIRES WHICH ON THAT POINT WERE SUFFICIENTLY EXPLICIT , UNLIKE IN FACT THOSE OF THE OTHER COMMUNITY INSTITUTIONS ; THEY WERE EVEN AMBIGUOUS SINCE THE AMOUNT OF SPACE RESERVED FOR THE REPLY DID NOT ALLOW ANY DETAILS TO BE GIVEN AS TO THE THREE CONSTITUENT ELEMENTS OF FAMILY ALLOWANCES WITHIN THE MEANING OF THE STAFF REGULATIONS OF OFFICIALS OF THE COMMUNITIES . IT MUST ALSO BE EMPHASIZED THAT THE SPECIAL OFFICE OF THE ADMINISTRATION TO WHICH THE APPLICANT RETURNED THE QUESTIONNAIRE