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When you are subject to penalty or are alleged to have received an overpayment, you will receive notice in writing. For clarification:
An overpayment occurs when you receive more money than you are entitled to under your claim. You will be asked to repay any excess benefit, regardless of who made the error causing the overpayment. If you receive this money because of false reporting, E.I. will also impose a penalty to be paid in addition to the repayment of excess benefit. Collection of an overpayment will be suspended during the process of an appeal.
A penalty is a fine imposed on you by the Commission for making false and misleading statements about your claim. If you are assessed a penalty, you will also be given a violation and required to work an increased number of hours before qualifying for benefits for the next five years or next two claims, whichever comes first. As well, there are now additional penalties for claimants who knowingly make false or fraudulent statements. These new penalties result in claimants being charged interest on monetary penalties and overpayments.
You have the right to appeal within 30 days of receiving a decision, and if you do so it is a good idea to get some advice and representation. If you are in Manitoba, we encourage you to call our toll free number (1-866-942-6556). If you live elsewhere in Canada, please contact the Help Centre nearest you. For basic information on the appeal process and procedure, please see the Appeals section of this website.
You have received a letter from EI Investigations and Control.
It is important that you respond to all requests for clarification. If you fail to reply, EI will come to it’s own conclusions. This may mean you will be assumed to be guilty of making a false statement.
You have been called to a meeting with EI Investigations and Control.
If you are unable to attend the interview, arrange another appointment immediately by calling the investigator listed on the letter. The interview is your chance to see all information in your file such as report cards or teledec reports and payroll data. If you feel there are errors in the information supplied be the employer, you will need to provide evidence such as pay stubs.
You have an overpayment.
The usual procedure for those still on EI is to have 50% of their benefits kept by EI. It is possible EI will take all of your benefits.
If you are not in receipt of EI benefits and have not made arrangements to repay the overpayment amount, it is possible EI will garnish your wages, take your income tax refund or GST refund.
In either case it is advisable you go to your closest HRSDC-Employment Insurance office and ask for a financial statement to arrange repayment of your debt at an amount you can afford.