Digest of Benefit Entitlement Principles Chapter 20 - Section 1

20.1.0 Introduction

An overpayment of Employment Insurance (EI) benefits is the result of a review of the entitlement to benefits that have been paid during a benefit period (EI Act 52, EI Act 112; Digest Chapter 17). Once calculated, the claimant is responsible for repaying any resulting overpayment (EI Act 42(1), 42(2); EI Act 44; EI Act 47).

Section 54(k) of the EI Act allows the Commission to make regulations to write off certain overpayments in specific circumstances and under specific conditions as set out by EI Regulation 56.

Unless indicated otherwise, this chapter will discuss only those overpayments written off under EI Regulations 56(1)(e) and 56(2).

20.1.1 Legislative intent

An overpayment write-off is intended to provide an equitable and flexible treatment towards claimants and permit the Commission, under very specific circumstances, to write off overpayments that came about through no fault of the claimant (or-debtor). Additional provisions provide for the write-off of overpayments in situations where recovery would entail disproportionate costs (EI Regulation 56(1)(a)), recovery is uncollectable (EI Regulation 56(1)(f)(i)), or would be more or less difficult on legal or humanitarian grounds (EI Regulations 56(1)(c), 56(1)(b), 56(1)(f)(ii)).

[February 2019]