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AISH Program Policy
Published Date: March 21, 2024
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Overpayments

Voluntary Repayment of an Overpayment

AUTHORITY
 
INTENT
To outline the process to ensure clients are aware of their rights if they choose to repay an overpayment before it has been assessed and/or declared a debt due. 
 
POLICY
There may be extenuating circumstances where a client chooses to voluntarily repay an overpayment before the standard notification process is completed and before the overpayment has been assessed and/or declared a debt due. Staff must make a reasonable effort to ensure clients are aware they are waiving their rights to the current process of administrative fairness embedded in the Notice of Overpayment policy.
 
Before staff can accept a client’s payment for an overpayment that has not yet been assessed, the client is asked to sign the Voluntary Repayment Agreement and Waiver (EMP12208). 

If it is not practical to meet in person, the requirement to sign the EMP1222208 Voluntary Repayment Agreement and Waiver can be deferred, but the information in the form must be confirmed with the client.

Record the reason that the form was not completed in TOI Comments. Include a note that the contents of the form were read to the client and that the client has confirmed their understanding.

Set a Bring Froward (BF) in TOI to complete, at a later date, the policy requirement to sign the form.
 
Note 
This policy differs from situations where a client is required to sign a Repayment Agreement (DS0976) in order to qualify for a benefit, and where the client’s duty to repay is not voluntary.
 
By voluntarily agreeing to repay the amount, and signing the Voluntary Repayment Agreement and Waiver the amount becomes a debt due, owing to the government. 
 
Program staff may accept payment once the client has been made aware of their rights and has signed the Voluntary Repayment Agreement and Waiver. By signing this Agreement and Waiver, the client acknowledges they are waiving the following standard procedures:       
  1. To be notified in writing of the assessed overpayment, the amount they are required to repay, the amount they are exempt from repaying and their right to appeal; and
  2. To provide additional information that may impact the amount or value they are required to repay.
 
As the client is voluntarily choosing to repay the amount, and waiving the right to be notified in writing, the client will not receive a written decision of the director. If requested by the client in the future, a written decision of the director will be provided confirming:
  • The assessed overpayment and the amount or value they are required to repay; and,
  • That the client has the right to appeal.
If the client reconsiders their choice to repay the overpayment after signing the Agreement and Waiver, staff must advise that any future decision of the director will be based solely on the information available. The client will not have an opportunity to submit additional information for the director to consider when assessing the overpayment and determining if full, partial or no repayment is required.
 
Assessed Overpayment (30-day appeal period remains in force)
Clients who have received written notification that they are required to repay an assessed overpayment and who choose to repay the overpayment before the 30-day appeal period expires are not required to sign the Voluntary Repayment Agreement and Waiver.