How are Pôle emploi's wrongful payments repaid?

Unemployment benefits

The allocations concerned are as follows:

• Return-to-Work Assistance (RRE)
• Return-to-Work Assistance Training (Aref)
• Professional Security Allowance (ASP)

Pôle emploi may ask you to return the overpayment 3 years after the date of payment of the allowances.

In case of fraud or misrepresentation on your part, Pôle emploi may ask you to return the overpayment 10 years after the date of payment of the allowances.

Solidarity grants

The allocations concerned are as follows:

• Specific Solidarity Allowance (SSA)
• Pension Equivalent Allowance (REA)

Pôle emploi may ask you to return the overpayment 5 years after the date of payment of the allowances.

In case of fraud or misrepresentation on your part, Pôle emploi may ask you to return the overpayment 10 years after the date of payment of the allowances.

Notification

In case of overpayment, Pôle emploi will send you a notification letter by registered letter with acknowledgement of receipt.

Pôle emploi may deduct deductions from your future allowances. If your compensation stops, you must notify your Pôle emploi agency to pay off your debt by another means of payment.

In the case of the SSA, such deductions shall be limited to 20% of their amount.

Deferral Request

You can apply to repay your debt in one or more installments, in writing and on paper, from your Pôle emploi agency.

Your Pôle emploi agency will send you a proposed schedule by mail to which you will have to give your consent.

This refund can be made by check, transfer or money order.

Ex gratia appeal

You can make a ex gratia appeal in front of the chief executive of Pôle emploi.

Such an ex gratia claim must be filed within 2 months from the date of notification of the undue payment by Pôle emploi by filing a written challenge and stating the reasons for your disagreement.

In the absence of a response within 2 months from the Chief Executive of Pôle emploi, you may consider your challenge rejected.

Notification of the constraint

If the notification has no effect one month after it is sent (if you do not refund, do not ask for a deletion of the overpayment or do not contest), Pôle emploi may notify you of a constraint.

The constraint is addressed by registered letter with acknowledgement of receipt or by act of the commissioner of justice (formerly act of bailiff).

The letter or the act of the Commissioner of Justice must mention the following elements, otherwise it will not be admitted:

• Constraint Reference
• Amount of sums claimed and nature of allowances
• Time limit for appeal (15 days after notification), address of the competent court and method of referral

In the absence of any recourse to the courts on your part, coercion is a judgment and allows Pôle emploi to implement enforcement (seizure).

Formal notice

The constraint is put in place after you have been ordered to repay the unduly received allowance.

The letter of formal notice sent by Pôle emploi is by registered letter with a request for notice of receipt.

The Pôle emploi letter states:

• Nature and amount of claims
• Date of undue payment(s)
• Grounds for total or partial dismissal of your action