SISIP LTD and ELB

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Re: SISIP LTD and ELB

Post by ghillie on Mon 22 Jul 2013, 13:09

In my mind I do not think VAC would be able ask SISIP to do a recovery of funds due to the Privacy Act. How could they relay this info without breaching your information??? Just a thought, I don't know how much you are getting back but I do know that you can ask VAC IF IT WILL CREATE A FINANCIAL HARDSHIP to dismiss the amount. When I released, VAC were apparently working for the wrong date by a year. Due to the Brain Injury I was not aware of the mistake, and the amount was ALOT, my husband sent them a letter stating the Financial Hardship and they suppressed the recovery.
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Re: SISIP LTD and ELB

Post by PipperNavy on Mon 22 Jul 2013, 13:19

bigrex wrote:TTT, on your worksheet, did it break down how much you received each year, and or other deductions? Because if SISIP already deducted the amounts given to you for ELB from your retro, then there is no overpayment. If I knew I was reinstated, but hadn't been paid yet,  I would call Peter and have him ensure that in the future, all ELB payment are being deducted at source, just to avoid any headaches.
   

your so right .. Vac said in a letter I owe xxx amount hmm?? So I looked at the letter's from Sisip ? Vac was over by $5000 .. I phoned Vac a CM told me to appeal this ASAP
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Re: SISIP LTD and ELB

Post by Guest on Mon 22 Jul 2013, 16:16

TTT you should appeal asap as any funds payed to you prior to the judges decision should not be recoverable as you were not in an overpayment position at that time. failing that you should demand a remission for AT LEAST the part prior to the judges decision for the following reason you halve already read.

Remission
24.Remission means to forgive an otherwise legally enforceable debt. In this context, it is an act of clemency on the part of the Minister and not a right. Once remission has been approved, the Department gives up its right to recover the overpayment at a later date.
25.Although recovery is normally the first consideration in the overpayment process, there may be instances where such action is not desirable. According to section 88 of the CFMVRCA, if a person, including their estate or succession, has received or obtained an overpayment, all, or a portion of the overpayment may be remitted in the following circumstances:a.the overpayment cannot be recovered within the reasonably foreseeable future - applicable in those situations where an overpayment is being recovered, but it has not been completely repaid five years after the date the overpayment recovery action began;
b.the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered - only applicable in those situations where the amount of the overpayment does not exceed $150;
c.the repayment of the overpayment would cause undue hardship to the person or a beneficiary - applicable in those situations where the client is in receipt of income-tested benefits (i.e., Guaranteed Income Supplement, CFIS benefit, etc.), and/or if emotional distress caused by the overpayment appears to pose a threat to the client’s state of health;
d.the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration -applicable in those situations where the overpayment is the result of:i.a payment system error;
ii.a misinterpretation of legislation;
iii.a misunderstanding of a decision;
iv.a mistake concerning an effective date; or
v.a procedural error.


25 d looks to fit perfect for the amount prior to the judges decision.

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Re: SISIP LTD and ELB

Post by bigrex on Mon 22 Jul 2013, 22:11

I would appeal, because there are situations where the class member could be out of a lot of money. This could happen if their PA payment equaled half of their ELB entitlement. IE: 75% is $2000/month. PA pension was $1000. That left $1000 minus taxes covered by ELB. Now they are saying that since you are now getting that $2000/month in retro, they want their $1000/month back, in whole. Now that retro money is having 30% held back for taxes, so it's now only $1400. Plus there is the legal fees of roughly 9%, which brings it down to $1220/month. That will leave the class member with only $220/month. Add that money to the net amount he would have actually received (approx $800), and compare that to what he would have received if the clawback had never occurred, and he is out almost half of his benefits. Now if SISIP deducted the $1000 received from ELB, the retro would be reduced to $1000/month. then after the deductions, it would leave the class member with $610/ month. That is a net gain of $390 per month, just by avoiding the overpayment scenario.
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Re: SISIP LTD and ELB

Post by Guest on Wed 07 Aug 2013, 16:49

keeping this current due to its relevance.

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