Canada Disability Benefit Regulations

Marginal note:Return of benefit

• 37 (1) A person or agency that has received a benefit payment to which the person or agency is not entitled, or that has received a benefit payment in excess of the amount of the benefit to which the person or agency is entitled, must return the amount of the erroneous payment or the overpayment, as the case may be, as soon as feasible.

• Marginal note:Debt due to His Majesty

  (2) The amount of the erroneous payment or overpayment constitutes a debt due to His Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister.

• Marginal note:Payment in instalments

  (3) A debt recoverable from a person under this section may be paid as a single payment or, if the Minister agrees, in instalments in any amount that does not cause undue hardship to the person.

• Marginal note:No interest

  (4) No interest is payable on any amount owing to His Majesty in right of Canada under the Act or these Regulations that results from an erroneous payment or overpayment.

• Marginal note:Exception

  (5) In the case of an amount owing to His Majesty in right of Canada that results from a payment that was made as a result of a violation for which a penalty was imposed under section 35 or as a result of an offence under subsection 36(1) for which a fine or a term of imprisonment was imposed under the Criminal Code, subsection (4) applies only during any period in which

  • (a) a request for reconsideration, application for judicial review or appeal can be made with respect to the violation or offence; or

  • (b) the reconsideration, judicial review or appeal is pending.