Department of Veterans Affairs Act (R.S.C., 1985, c. V-1)

Marginal note:Definition of overpayment

• 5.2 (1) In this section, overpayment, in relation to any period, means

  • (a) a payment that was paid to a person in respect of that period and to which the person had no entitlement under the regulations made under section 5; or

  • (b) if a payment was paid to a person in respect of that period that was in excess of the amount of the payment to which the person was entitled under the regulations made under section 5, the amount of that excess.

• Marginal note:Recovery of overpayments

  (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made under the regulations made under section 5 to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

  • (c) may be recovered in any court of competent jurisdiction.

• Marginal note:Remission of overpayments

  (3) If a person has received or obtained an overpayment and the Minister is satisfied that

  • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

  • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

  • (c) repayment of the overpayment would cause undue hardship to the person, or

  • (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,

  the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

• Marginal note:Recovery from survivor

  (4) Where a survivor of a deceased person retains any amount paid to that person after the last day of the month in which that person died, that amount may be deducted from any amount payable to the survivor under the regulations made under section 5.