O-2.1, r. 1 - By-law on the conditions and procedure of reimbursement of overpayment of benefits

Updated to 1 September 2012

This document has official status.

chapter O-2.1, r. 1

By-law on the conditions and procedure of reimbursement of overpayment of benefits

Act respecting the Cree Hunters and Trappers Income Security Board

(chapter O-2.1, s. 21).

1. The reimbursement of an overpayment of benefits is the responsibility of the beneficiary unit that received the benefits during the year in which the overpayment was created. In cases where there is a change in the composition of the beneficiary unit following a separation as of fact or law and the benefits were paid separately to the head and the spouse, the overpayment shall remain the joint responsibility of the adult members of the beneficiary unit, proportionate to the amount of the benefits that was paid to each respectively.

O.C. 1989-89, s. 1.

2. An overpayment is calculated as at June 30 or as of the date of cancellation of a file and is payable as of this date.

O.C. 1989-89, s. 2.

3. The overpayment is reimbursed from benefits payable to the beneficiary unit as follows:

— 1/4 of the overpayment will be deducted from the benefits payable to the unit for each payment of the year during which the subsequent application for income security benefits is made.

O.C. 1989-89, s. 3; O.C. 464-90, s. 1.

4. Despite section 3, the Cree Hunters and Trappers Income Security Board may grant an extended reimbursement plan if the head of the beneficiary unit so requests and taking into account the following factors:

(1)  the illness or the death of a member of the beneficiary unit, or an Act of God which affects the practice or accomplishment of harvesting and related activities;

(2)  the status of the beneficiary unit’s file, notably whether or not overpayments have already occurred in the past;

(3)  the probability that the beneficiary unit will continue to participate in the program for a sufficient period to reimburse the overpayment;

(4)  the financial capacity of the head of the beneficiary unit considering the number of dependents and his or her other obligations;

(5)  the fact that the reimbursement procedure provided for in section 3 would result in completely eliminating the payment of benefits or of jeopardizing the practice of harvesting activities.

O.C. 1989-89, s. 4.

5. As soon as possible, after the overpayment has been determined, the local administrator concerned must notify the head of the beneficiary unit and shall inform him or her that the beneficiary unit may request extended terms to reimburse the overpayment.

O.C. 1989-89, s. 5.

6. The Board shall examine the request taking into account criteria established in section 4 and may establish an extended reimbursement plan not to exceed 2 years following the first application for income security benefits after the year in which the overpayment occurred.

O.C. 1989-89, s. 6.

7. If a new overpayment occurs during the period of reimbursement of an overpayment, the terms of reimbursement will be revised taking into account the conditions mentioned in section 4.

O.C. 1989-89, s. 7.

8. If the amount of a given quarterly payment is not sufficient to cover the part to be reimbursed for that period, the balance of the amount due for this payment may be added to the amount to be deducted from the next quarterly payments.

O.C. 1989-89, s. 8; O.C. 464-90, s. 2.

9. If an overpayment occurs during the year as the result of an event mentioned in paragraph 1 of section 4, the next quarterly payments may be readjusted in order to avoid the complete elimination of a quarterly payment.

O.C. 1989-89, s. 9.

10. (Omitted).

O.C. 1989-89, s. 10.

REFERENCES

O.C. 1989-89, 1990 G.O. 2, 44

O.C. 464-90, 1990 G.O. 2, 742