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Income and Employment Supports Act

Published Date: July 10, 2007
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Part 6 Recovery and Offences (Sections 34-42)

Section 35 Repayment

  1. 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.

1.1  A financial administrator or third party maybe 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 to a purpose other than that for which it was provided.

Subsection (2) and (3) repealed.

  1. 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.

     

  2. Where a repayment is required from a person under this section, the Director shall provide a notice to the person, in the form and manner provided by the regulations, indicating the amount owing and the right to appeal under section 43.