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Income and Employment Supports Act
Published Date: January 01, 2019
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Part 6 Recovery and Offences (Sections 34-42)

Section 35 Repayment

  1. Subject to subsection (5) and the regulations, a recipient must repay the amount or value of assistance received if, in the Director’s opinion,
    1. assistance that is specified in the regulations has been used for a purpose other than that for which it was provided, or
    2. the recipient received assistance to which the recipient was not entitled.
  2. A financial administrator or third party may be required by the Director to repay the amount or value of assistance received on behalf of recipient if, in the Director’s opinion,
    1. the recipient received assistance to which the recipient was not entitled due to the non-disclosure of a material fact or provision of false information by the financial administrator or third party, or
    2. assistance administered by the financial administrator or third party has been used for a purpose other than that for which it was provided.

  3. Where an amount is repayable under subsection (1) in respect of a household unit and the recipient and the recipient’s cohabiting partner at the time the debt was incurred are no longer in the same household unit, the Director shall, for the purposes of enforcing the payment of the debt, attribute the amount of the debt between the recipient and the recipient’s former cohabiting partner as the Director considers appropriate.

  4. The Director must, in accordance with the regulations, provide notice of the following to a person who is required to repay an amount or value under this section:
    1. the amount or value to be repaid; 
    2. any amount or value the director is exempting the person from repaying under subsection (5);
    3. the right to appeal under section 43.
  5. If the Director determines there are appropriate circumstances, the Director may exempt a person from the requirement to repay an amount of value unless
    1. the amount or value is a debt due under section 36.1, or
    2. in the Director’s opinion, the person received the benefit by wilful misrepresentation or fraud.