Digest of Benefit Entitlement Principles - Chapter 18

18.9.0    RECOVERY

Action for recovery is taken where a claim is reconsidered and an overpayment is the result. It also applies where a penalty was imposed for a statement that resulted either in an overpayment or not.

The limitation period¹ to recover overpayments is seventy-two months whether or not the amount to be recovered results from a false or misleading statement. Furthermore, the 72-month counter stops while a decision is under appeal. Once the appeal process has ended, if the overpayment is still recoverable, the counter will commence without taking into account the time that elapsed during the appeal process².

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1. EIA 47(3);
2. EIA 47(4).