Alberta.ca » AISH Policy Manual


AISH Program Policy

Published Date: January 08, 2016
Bookmark this page

Overpayments

No Repayment of Overpayment

AUTHORITY

Assured Income for the Severely Handicapped Act, section 7(4)
Assured Income for the Severely Handicapped General Regulation, section 9(1)

INTENT

To exempt a client, financial administrator or third party from the requirement to repay a benefit in appropriate circumstances.

POLICY

Repayment of an overpayment may be waived if it is determined that there are appropriate circumstances and the amount required to be repaid is not yet a debt. The totality of the situation is considered when determining if an overpayment will be waived. Some factors include but are not limited to, the following:

  • administrative error, in circumstances when it is clear the client made reasonable effort to advise the program of their circumstances  (generally, administrative error on its own, is not considered an appropriate circumstance for repayment of an overpayment to be waived);
  • client’s awareness of the benefit being issued in error;
  • impact of the client’s disability or medical condition;
  • client’s role in the creation of the overpayment;
  • the client’s financial situation; and
  • whether the client benefitted directly or indirectly from the overpayment.

Within 30 days of being notified of the overpayment the affected party must submit a letter to the department requesting a review for no repayment of the amount to be repaid.  Along with the letter, the affected party should provide supporting documentation to explain the exceptional circumstances why they should not be required to repay an overpayment. Once the 30-day time limit has passed and no appeal has been filed, the overpayment will become a debt and collection will begin.

If an appeal is filed, the affected party must submit the request for no repayment of the overpayment within 30 days of abandoning the appeal, or being notified of the determination of the appeal, after which the overpayment becomes a debt due and collection will begin.