Digest of Benefit Entitlement Principles Chapter 20 - Section 4

20.4.0 More than 12 months since benefits paid

Under certain circumstances, write-off is limited to that portion of benefits received more than twelve months before the Commission notifies the debtor of the overpayment (EI Regulation 56(2)). The 12-month period is calculated from the date the claimant is notified of the overpayment in writing.

When a decision is made which results in an overpayment and it has been determined that a portion of the overpayment is to be written off, the period will be calculated on the basis that the overpayment notice will be issued within the two weeks after the decision is made.

This period of two weeks will be to the claimant's advantage, as it will account for delays in the issuance of the notice. If the claimant subsequently demonstrates that they were notified of the overpayment at a later date, the calculation and the amount to be written off will be adjusted accordingly. However, there will not be a systematic review of claims in terms of increasing or decreasing the amount on the basis of the actual date of notification.

For calculation purposes, the amount to be written off will include prior benefits that were payable, even though their actual issuance was later. This will also be to the claimant's advantage. Limiting the interpretation strictly to when the claimant actually received the benefits could be unfair to claimants who encountered a delay in the issuance of benefits.

[February 2019]