What is an overpayment?
An overpayment is defined as any amount greater than that which a recipient is eligible to receive. If your client receives an overpayment from ODSP, they will need to repay that amount. Overpayments can happen when:
- Someone has been in custody
- Someone has not reported a change in circumstances
- Someone has not disclosed relevant information
- Someone has misrepresented their circumstances
- Someone has received additional income or assets
- An administrative error
ODSP can ask for money back because of these overpayments, whether your client is still receiving income assistance from the program or not. If they are still receiving assistance, the overpayment can be deducted from their monthly income assistance. If they are no longer receiving assistance, they could be required to pay ODSP directly.
How You Can Help:
- If your client has their income assistance reduced for an overpayment and they want to dispute the decision, refer them to a legal clinic and make sure they bring their Notice of Decision, if they have it. If your client can’t receive legal advice, help them complete the Request for Internal Review Form or draft their own letter. Make sure they submit their request within 30 days from when they received the Notice of Decision about the overpayment.
- If your client is no longer receiving assistance and ODSP has notified them that they owe money, refer them to a legal clinic.
