Marginal note:Review by Board
85. An applicant who is dissatisfied with a decision made by the Minister under Part 3 or under section 84 may apply to the Board for a review of the decision.
Marginal note:Permission of Board required
86. The Minister may not consider an application made under Part 3 or under section 84 that has already been the subject of a determination by the Board unless
(a) the applicant has obtained the permission of the Board; or
(b) the Board has referred the application to the Minister for reconsideration.
Marginal note:Representation of applicant
87. In all proceedings under section 84 or 85, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.
Definition of “overpayment”
88. (1) In this section, “overpayment” means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.
Marginal note:Recovery of overpayment
(2) If, through any cause, an overpayment is paid to a person or their estate or succession, the overpayment is a debt due to Her Majesty by the person or by their estate or succession, and may be recovered
(a) by deduction from any future payments made under this Act to the person or their estate or succession;
(b) in accordance with section 155 of the Financial Administration Act; or
(c) by proceedings in any court of competent jurisdiction.
Marginal note:Remission of overpayment
(3) If a person or their estate or succession has received or obtained an overpayment, the Minister may, unless that person or the executor of the estate or the liquidator of the succession has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that
(a) the overpayment cannot be recovered within the reasonably foreseeable future;
(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;
(c) the repayment of the overpayment would cause undue hardship to the person or a beneficiary; or
(d) the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration.
Marginal note:Erroneous payments of benefits or allowances
(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration and has been remitted under paragraph (3)(d);
(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;
(c) the cancellation or reduction of the benefit or allowance would, in the opinion of the Minister, cause undue hardship to the person; and
(d) the benefit or allowance has been paid to the person for five years or more.
Marginal note:Recovery of overpayments
(5) If a person retains any amount of a member’s or a veteran’s compensation paid after the member’s or veteran’s death and to which the member or veteran was not entitled, that amount may be deducted from any compensation paid to that person.
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