Can France Travail claim reimbursement of amounts paid in error (overpayment)?

Verified 05 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, France Travail (formerly Pôle emploi) can ask you to refund amounts paid in error. In case of overpayment, France Travail can give formal notice to repay by overlay by deduction from your allowances or by collection by constraint. You have to pay back the money you wrongly received. However, if you dispute the unfairness of the allowances claimed, you can form a ex gratia appeal from France Travail. We present you with the information you need to know.

Allowances may have been paid to you by France Travail when they were not due to you.

This is called overpayment.

These may be:

  • Or a difference between your income reported at your monthly update and the supporting document (pay slip) that you have sent to France Travail
  • Or a change in your undeclared situation (e.g. resumption of work or sick leave) at the time of your monthly update.

Unemployment benefits

The allocations concerned are as follows:

Please note

undue allocations below €77 are not recovered by France Travail.

Solidarity grants

The allocations concerned are as follows:

Please note

undue allocations below €77 are not recovered by France Travail.

France Travail may ask you to return the overpayment 3 years after the date of payment allowances.

In case of fraud or false declaration on your part, France Travail may ask you to return the overpayment 10 years after the date of payment allowances.

Deduction Notification

In case of overpayment, France Travail will send you a letter from notification by letter with RAR: titleContent including information on:

  • Reason for overpayment
  • Amount to be refunded (if SSA, deductions are limited to 20% of their amount)
  • Period corresponding to overpayment
  • Time limit for repayment
  • Ability to request a deferral of your refund
  • Possibility to request a debt cancelation (forgiveness)
  • Refund terms (bank pick, transfer, check)
  • Remedies to challenge the overpayment.

Deferral Request

You can ask repay your debt in one or more installments requesting a staggered repayment.

Your request can be made from your personal area France Travail or in writing and on free paper addressed to your agency France Travail.

Who shall I contact

Your France Travail agency will send you a proposal of a timetable by mail to which you must give your agreement.

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

Warning  

in the event of non-compliance with the staggering, France Travail is authorized to request the refund of the balance in one go.

Ex gratia appeal

If you wish to challenge the withholding, you can make a ex gratia appeal before the Director-General of France Travail.

Such an ex gratia appeal must be lodged within 2 months from the date of notification of the undue payment by France Travail by sending a written challenge and indicating the reasons for your disagreement.

In the absence of a reply within the 2 months on behalf of the Director General of France Travail, you can consider your challenge rejected.

Who shall I contact

If the notification remains ineffective 1 month after it has been sent (if you do not refund, do not ask for the overpayment to be erased or do not dispute), France Travail may notify you of a constraint.

The constraint is addressed by letter with RAR: titleContent or by act of the commissioner of justice (formerly act of bailiff).

The letter or the act of the Commissioner of Justice must contain all of the following:

  • Constraint Reference
  • Amount of sums claimed and nature of allowances
  • Time-limit for bringing an action (15 days following notification) and address of the competent administrative court.

In the absence of any appeal to the court by you, the constraint is a judgment and enables France Travail to implement the enforcement procedures (seizure).