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Too much perceived
Social benefits and social minima wrongly paid: how to repay?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Did you make a mistake in your statement? Your fund has paid you more allowances than expected, and is claiming the overpayment? You have a right of appeal to request the modification of the erroneous information. Recipients of social and minimum benefits can challenge or set a timeline for repaying overpayments. A decree issued in Official Journal March 24, 2021, provides details. What's the procedure? The point with Service-Public.fr.
What's the procedure?
Reimbursement takes place in several stages:
- you receive a notification of reimbursement, specifying the nature and date of the payment or payments in question, the amount of the sums and the reason for recovery of the overpayment;
- within 20 days of receiving the notification, you have the opportunity to exercise a right of rectification of erroneous information or to appeal to the amicable appeal board of the body concerned. After this period your request for rectification will be rejected, and the overpayments will be deducted from your future benefits within 2 months;
- you can also request a payment schedule, it must be implemented within 1 month after the request. However, the schedule may not exceed 12 months. If no timetable is agreed, the sums in question shall be assessed and deducted from the new benefits;
- When you exercise a right of rectification, the director of the organization has a period of 1 month to reply. It may either cancel the refund or send a new notification in the event of total or partial rejection. It must contain the grounds for rejection and the possibility for the body to recover the overpayments 7 days after the notification has been sent.
Please note
The request for rectification shall suspend the time limit for bringing the matter before the committee. This suspension ends on the date on which you receive notification of the decision of the director of the organization.
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