AUTHORITY
Income and Employment Supports Act, sections 14, 15, 16 and 35
Income Support, Training and Health Benefits Regulation, section 99
Recovery Regulation

POLICY
An applicant/client, who is waiting for their Employment Insurance (EI) claim to be processed must agree to repay any duplicate Income Support (IS) benefits they receive.

The Assignment of Benefits (AoB) process allows the Province to recover IS provided to a person while they wait for their EI benefits. By signing the INS 3113 Assignment of Benefit form, the person agrees to assign a portion of their EI payments to the Province. The assigned funds are used to repay any IS benefits issued to a person for the same period that they were eligible to receive EI.

AOB Request Required
Signing an INS 3113 Assignment of Benefit form is mandatory when an EI claimant applies for IS benefits.

This form must be completed if the person’s weekly EI benefit is higher than their weekly Minimum Living Allowance (MLA), as calculated by the IS program.

Note

The weekly MLA is equal to the IS weekly rate the person is eligible to receive, plus an additional 25%. Refer to the AoB Definitions policy for an explanation of terms and calculations used in this section.

Before IS benefits can be issued, applicants/clients in the following situations must agree to sign the
INS 3113 Assignment of Benefit form:

• The person has a pending EI claim;
• The person is in process of applying for EI benefits;
• The person is appealing an EI claim decision; or,
• The IS worker advises the person that they are required to apply for EI benefits; and:
  • Their weekly EI payment amount is not yet determined (not known); or
  • The person’s pending EI payments are verified as being greater than their IS entitlement, (i.e., they do not qualify for the IS program, once they receive their EI).
    
    

An applicant/client who refuses to sign the INS 3113 Assignment of Benefit form is not eligible to receive IS benefits under the Expected to Work or Barriers to Full Employment client categories.

AOB Request Not Required
The INS 3113 Assignment of Benefit form is not required, when:

• The person qualifies for ongoing IS benefits in addition to their EI (i.e., monthly EI payments are less than IS benefits); or
• The person has applied for one month of emergency assistance under the One-Time Issue client category.
  
  

Completing the INS 3113 Assignment of Benefit Form
Program staff must verify the person’s EI claim status prior to completing the INS 3113 Assignment of Benefit form. To request a query on the federal WebAoBLink system (EI claimant data) refer to the resources below.

• WebAoBLink Manual
• WebAoBLink Web Form Guide
  
  

Instructions on completing the INS 3113 Assignment of Benefit manual form are available in the Assignment of Benefit Form Completion Tip Sheet INS3113.

Prior to asking an applicant/client to sign the INS 3113 Assignment of Benefit form, staff must clearly explain the AoB process to the person. Program staff must ensure that:

• The person understands that deductions will be made to their future EI benefits to repay any IS issued;
• By signing the form, the person consents to deductions from their EI (for amounts in excess of the weekly MLA) until the IS issued, has been repaid to the Province; and
• The person is aware that they can forego applying for IS, and choose to wait for their EI claim to be actioned – if this option is in their best interest.
  
  

The AoB Fact Sheet is also available to support this process

Before the applicant/client signs the INS 3113 Assignment of Benefit form, staff must also ensure that:

• The calculations and dates on the form are accurate;
• The form has been fully completed; and
• The person signs the form on or before the date that IS benefits are issued.
  
  

Under no circumstances should program staff ask an individual to sign a blank or incomplete INS 3113 Assignment of Benefit form.

Recovery Options
Program staff must consult with the applicant/client to determine which method for recovering duplicate IS benefits would be in the person’s best interest.

1. Minimum Living Allowance (MLA)
   Recover only the portion of EI benefits that exceed the calculated MLA. This ensures that deductions from the person’s EI payments, do not cause them to remain dependent on the IS program. The EI program continues to assign benefits to the Province until:
   1. All IS benefits have been recovered,
   2. The EI claim is exhausted, or
   3. The 52-week recovery limitation is reached.
2. Recovery at 100%
   Staff must obtain the person’s consent to assign 100% of their EI payments to the Province. This option may only be feasible if the person is receiving substantial retroactive EI payments.
   1. To implement a 100% assignment rate, program staff would leave the MLA section “blank” on the INS 3113 Assignment of Benefit form.

Note
A 100% assignment of EI should not be considered, if doing so, would cause the person to become dependent on the IS program.

PROCEDURES
When completing the procedures below, refer to information in the following resources:

• WebAoBLink User Guides
• WebAoBLink: INS3113 Web Form
• AoB Fact Sheet
• AoB Definitions policy
  
  

Applicant/Client Does NOT Proceed with IS Application or Request for Ongoing Benefits
If the applicant/client does not proceed with the IS application or request further IS benefits:

• The INS 3113 Assignment of Benefit form is not completed/submitted. 
• The worker enters a “reject status” in the LISA eligibility determination screen (for applicants).
• The worker records the applicant/client decision in Mobius Notes.
  
  

Applicant/Client Proceeds with IS Application or Request for Ongoing Benefits
Before completing an INS 3113 Assignment of Benefit form, the worker confirms that the person meets criteria in IS policy for completing an AoB request.

The worker:

1. Advises the client that deductions will continue from their EI until all IS benefits have been repaid to the Province;
2. Ensures the applicant/client signs the completed INS 3113 Assignment of Benefit form;
3. Issues IS benefits;
4. Provides the client with a copy of the INS 3113 Assignment of Benefit form and retains a copy for section 1 of the client file, and
5. Forwards the signed copy of the form to the IPOC:
   
   Insurance Payment Operational Centre (IPOC)
   Service Canada, W-T
   400, 555 Hasting Street West
   Vancouver, BC V6B 1M1
   ATTENTION: Assignment of Benefits
   
   The worker:
6. Leaves the cheque release flag at “N” for the following month's benefits; and
7. Adds Mobius Notes indicating the period that the AoB was completed.
   
   Note
   If the IPOC receives the INS 3113 Assignment of Benefit form later than eight weeks from start of the AoB period (start week), the AoB is not processed, and the Province does not receive reimbursement. Program staff are required to process an overpayment in these situations.
   
   

After the first month of IS benefits:

• If the client does not require further assistance, the worker may allow the LISA system closure to occur. If the client has an emergency need, consider the One-Time Issue policy.
  OR
• If the client requires further IS, the person must return to the office to complete a new INS 3113 Assignment of Benefit form.
  • Follow the steps in the Subsequent AoB Request section (below); and
  • Follow Steps 1-7 (above) to process the subsequent AoB form.
    
    Note
    Individuals who require IS for subsequent months, must agree to report any EI income they receive.
    
    

Head of Household and Partner are Awaiting EI Benefits
When the head of household and their partner are both waiting for EI benefits, one of the following recovery options are used. The worker:

1. Completes an AoB request for each person, dividing the MLA rate and Total Amount Paid between the two adults; or
2. Completes an AoB request for one person’s file, using a 100% recovery rate.
   
   

If option two causes the household to remain on IS for an additional month; implement option one.

Subsequent Assignment of Benefits (AoB) Requests

If the client requires IS for another month and has not received EI yet, a subsequent AoB is completed. The client is required to come into the office and sign a new INS 3113 Assignment of Benefit form. For subsequent AoB requests, the worker completes the same procedures used for the initial request, in addition to the following:

• Completes a WebAoBLink inquiry,
• Reviews the client’s EI status, and
• Determines if the federal EI program has processed/cleared the previous AoB request.
  
  Note
  If there is a change in the MLA amount from the previous month, the worker must “hold” the subsequent AoB request until the initial AoB has been processed/cleared by the federal EI program.
  
  

The worker also completes the following procedures:

• For a manual INS 3113 Assignment of Benefit form, the worker checks “Subsequent Request” on the form (ensuring that EI staff process each AoB request in the correct order).
• If using the web-based form, the worker checks “new” and uses RED ink to write “Subsequent” under the “new” box.
• The worker re-enters the MLA amount on the subsequent form (even if it has not changed).
• The worker ensures the effective date is the same date as the start week on the initial AoB request. (If there is a gap in weeks between the forms IPOC will “hold” the new INS3113 form until the initial AoB request is recovered.)
  
  

Irregularities in the Assignment of Benefit (AoB) Process

Amending Cancelling or Writing-Off an AoB
Prior to submitting an amendment to cancel or write-off an AoB, the worker must confirm the EI claim activity by reviewing WebAoBLink. Once EI payments are processed, amendments and write-offs can only be actioned on a go forward basis.

Amending an AoB
Amending an INS 3113 Assignment of Benefit form is appropriate when specific changes are required, such as changes in the MLA amount, Effective Week, or Total Amount Paid.

To amend an AoB request, the worker:

• Writes “AMENDMENT” on the top of the form, using RED ink, and
• Crosses out the original information neatly, and adds the correct information beside it.
  
  

An applicant/client signature is not required on an amendment, as they have signed the original form.

Cancelling an AoB
An AoB request can only be cancelled if it has not been processed by the IPOC. The worker must confirm the EI claim activity by reviewing WebAoBLink. To cancel the AoB, the worker:

• Prints the AoB form,
• Puts a line diagonally across the form, and
• Writes, “CANCELLED” across the diagonal line in RED ink.
  
  

Example
If a client adds a spouse to the IS file, and their EI income is insufficient to meet the household’s ongoing needs, an AoB cancellation is done.

Writing-Off an AoB Balance
The worker requests that an AoB balance be written-off when the person pays off the amount owing at an IS office. Staff must consult with the IS Specialist, before writing-off an AoB balance.

To write-off an AoB balance, the worker:

1. Checks the box marked Write-Off AoB Balance at the top of the form;
2. Fills in the case number, agency code, claimant’s SIN and name, authority signature and phone number; and
3. Indicates the dates and amount of the AoB that is being written-off.
   
   Note
   Use the HTML print screen function in WebAoBLink, when printing an Amendment/Cancellation or Write-Off for an INS 3113 Assignment of Benefit.
4. Once the Amendment/Cancellation or Write-Off is complete, the worker mails the update to IPOC with changes marked in RED ink.
5. The worker places a copy of the updated form on section 1 of the client file.
6. The worker updates Mobius Notes explaining the rationale for the changes.
   
   

Cash Payments
If a client issues a cash payment at an IS office, for all or part of the AoB balance, the worker:

1. Follows procedures for writing-off an AoB balance.
2. Records the cash payment on the FINSA0367A Cash Blotter, as payment for an AoB.
3. Issues a receipt to the client for the payment received.
4. Forwards the cash payment to Financial Operations.
   
   

Once received, Financial Operations notifies IPOC of the cash payment.

Providing a Refund to a Client
At times, workers may create an AoB request in error and/or submit an AoB when it is not required (e.g., No IS benefits are issued or IS payments are returned).

In this case, the following steps are required.

1. The worker confirms the AoB deductions to-date, by viewing WebAoBLink. (If no assignment of benefits has occurred, refer to the Cancelling an AoB section.)
   
   Note
   The WebAoBLink system only shows 8 weeks of payment processing information. Staff may need to contact Employment and Social Development Canada to confirm the total amount of AoB deductions.
2. For closed files, the worker forwards the refund request to the Expenditure Officer for review and approval. The Expenditure Officer forwards the approved refund request to the IMAGIS operator for payment.
3. For active files, the worker provides a refund to the client using:
   Need Code
   1887 Underpayment
   
   

IPOC Overpayment Created by an Amended EI Decision
If IPOC determines a person is not eligible to receive EI during weeks where an assignment payment was already issued to the Province, IPOC creates an overpayment and recovers the amount owing from the EI claimant.

• Clients who have questions about these types of overpayments should be referred to Employment and Social Development Canada.
  
  

Bankrupt Clients
If after receiving an AoB request, IPOC becomes aware that the person has declared bankruptcy, IPOC removes the assignment until approved to proceed. The 52-week limitation to recover an assignment remains in effect.