Expected to Work/Barriers to Full Employment Policy & Procedures

Published Date: January 23, 2012
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14 Assignment of Benefits

Policy

Signing an INS 3113 Assignment of Benefits form is mandatory when an individual applies for IS while waiting for their EI benefits to start unless the EI amount is known and the client will require an ongoing supplement.

In order to assist with the decision to proceed with an IS 3113 Assignment of Benefits, the worker may request a designated user of the WebAOBLink database print a query (printed report of the EI claimant data). 

The AOB process must be clearly explained to an applicant/recipient prior to signing the INS 3113 Assignment of Benefits form and being issued the IS benefit.

  1. The client must understand that receiving IS funds while waiting for their EI to commence will impact the money they receive from their EI claim until the Province is re-paid the duplicated amount issued between the two programs. If they can wait for their EI payment that may be the best option for them.

  2. The dates on the INS 3113 Assignment of Benefits form must be correct and the client must sign the form on or before the date the IS benefit is issued.

  3. The form must be completely filled out prior to a client signing it. A blank INS 3113 Assignment of Benefits form must never be signed.

When an AOB Request is Made
An AOB request is made on applicants and recipients who receive temporary assistance while waiting for their EI claim to be processed. An INS 3113 Assignment of Benefits form must be completed when the weekly EI benefit is known and it is higher than the Minimum Living Allowance (MLA).

The majority of clients that require an Assignment of Benefits (AOB) are IS applicants, however, IS recipients may also require an AOB if they have been employed, lost their job and have applied for EI benefits.  Generally speaking, IS recipients would continue to qualify for IS benefits while receiving EI because they were eligible for an IS supplement while receiving their employment income.  Only in those rare situations where the recipients basic needs have decreased to less than their EI entitlement would the worker need to complete an INS 3113 Assignment of Benefits form.

An INS 3113 Assignment of Benefits form should be completed when:

  • An EI claim is pending.
  • The client is appealing an EI decision.
  • You are advising the client to apply for EI benefits.
  • The EI weekly amount is not determined and Income Support benefits are being issued. This must be submitted for the initial benefit period.

An INS 3113 Assignment of Benefits form is not completed when:

  • The weekly EI benefit is known and is less than the MLA as this means the client will require an ongoing Income Support supplement to their EI income in order to meet their basic needs.
  • The applicant does not qualify for IS benefits, but does not have the resources to meet an emergency need and is issued emergency benefits as a One-Time Issue client.

Applicants or recipients refusing to sign an AOB claim are not eligible for Income Support benefits. Individuals are not referred to the federal government to appeal an AOB request, as it is not an appealable item under federal legislation. Individuals may appeal through the Income Support program.

Recovery Options
Dual payments provided by Income Support to an EI claimant are recovered directly from the claimant’s EI benefit cheques. When completing the AOB, Income Support has the discretion to indicate a MLA with an effective week. If the MLA is left blank, 100% of EI benefits will be recovered for the assignment. If an MLA amount is provided, EI will not recover anything that would take the clients weekly EI benefits below the MLA.

It is up to the Income Support worker and client to determine which of the following methods would be in the client’s best interest. One of the following two methods may be used:

  1. Minimum Living Allowance
    Only that portion of EI, which exceeds a Minimum Living Allowance (MLA), as defined by Income Support policy, is recovered. An MLA is used to avoid taking so much from a client’s EI cheque that the client would remain dependent on Income Support. The intent is to leave the client with enough of their EI benefit so they do not need further IS assistance. The province will continue to recover from the client’s EI benefits until all the money owed is recovered, or until the client’s EI claim is exhausted, or until the recovery limitation of 52 weeks is reached.

  2. Recovery at 100%
    Dual payments provided by Income Support may be recovered from the client’s EI at 100%. A 100% recovery may be appropriate if the client will be issued a substantial EI retroactive payment or multiple EI cheques and the client will still have enough EI income to be self-sufficient. When determining whether to recover at a 100% or applying the MLA, workers must avoid using the 100% recovery method if it will keep the client on Income Support. A client will have 100% recovery if the MLA on the INS 3113 Assignment of Benefit form is left blank.

Client consent is required to recover at 100% and should not place the client in financial hardship.