11.4 — Portability of overpayment
Summary of legislation
The authority for portability of overpayments between programs and between delivery agents was introduced through the Ontario Disability Support Program Act, 1997 and the Ontario Works Act, 1997.
An overpayment made to a recipient, dependant spouse under other social assistance programs may be recovered by deductions to Ontario Disability Support Program (ODSP) income support.
Summary of directive
This directive provides an overview of the policy on overpayment portability between Ontario Works delivery agents and ODSP offices.
Intent of policy
To ensure that an overpayment is recovered effectively and fairly.
Application of policy
The overpayment must be calculated accurately, fully documented and recorded on file. Appropriate documentation of the overpayment calculation, the reasons(s) for the overpayment and the affected period must be on file to support an overpayment decision.
Written notice must be given to the recipient of the amount of the overpayment, the reason, the period for which it was incurred and their right to ask for an internal review and to appeal.
If a recipient had a dependent spouse when an overpayment was incurred, the Director must give notice in writing to the spouse of the amount of the overpayment, the reason and the period for which it was incurred and their right to ask for an internal review and to appeal.
Any overpayment incurred under the Ontario Works Act 1997, Ontario Disability Support Program Act, 1997, General Welfare Assistance Act or the Family Benefits Act, is recoverable if the recipient and dependent spouse moves between programs or between delivery agents throughout Ontario.
The Social Assistance Management System (SAMS) permits electronic transfer of overpayment information between:
- Ontario Works delivery agents and ODSP offices; and
- Ontario Works delivery agents throughout Ontario
Overpayments continue to be portable between (ODSP) offices.
Recovery will be through automatic deduction of basic financial assistance/ income support where the case is ongoing.
This policy also applies if an applicant is reapplying for social assistance. If he/she had incurred an overpayment in the same or a different social assistance program, he/she will be informed that deduction of past overpayments will begin with the first social assistance payment.