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Over-Payments

Social services may sometimes give you more money than you were supposed to receive. This is called an over-payment.

How do Over-Payments Happen?

Over-payments may happen if:

  • your worker's information about your family size and income is not correct
  • Social Services made a mistake
  • you did not notify your worker about a change in your family situation
  • you received other income
  • you failed to report income
  • you had to ask for additional emergency assistance
  • Social Services paid your security deposit
  • Social Services paid your landlord for damages or unpaid rent

What Happens to Over-Payments?

Even if you are no longer receiving assistance, you must still repay any over-payment.

You must repay Social Services for over-payments. Even if Social Services makes a mistake and pays you too much, you still must pay back the amount that was overpaid. Social Services takes the amount off your future payments. They may also recover overpayments from your income tax refund.

Social Services must notify you in writing of the amount and the reasons for the over-payment.

Social Services will take off $50 per month per household until the money is paid back. You can ask to have more taken off each month to pay back the amount owing in a shorter period of time. If you owe money because Social Services made a mistake you can ask to have the amount reduced to $25 per month.

You should discuss the over-payment with your worker. Make sure the worker has all of the proper information. Ask the worker to explain anything that you do not understand.

Social Services may also choose to file a certificate with the Court of King's Bench. Once filed, the certificate has the same effect as a judgment against you. Legal ways to collect an unpaid judgment include asking the Sheriff to:

  • garnish your money (for example from your wages)
  • seize money from your bank account
  • seize and sell your property

You can appeal a decision about an over-payment.

If you intentionally provide false information to Social Services to more assistance, you can be charged with fraud. You must still pay back the over-payment.

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