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Rights and obligations
RepaymentYou can reimburse the amount claimed as soon as you receive the claim notice. However, once the deadline for applying for a review of the claim or for contesting the review decision before the Tribunal administratif du Québec has expired, you must repay the claim according to the terms and conditions described below. When a deadline has expired, the Ministère de l’Emploi et de la Solidarité sociale issues a claim certificate indicating your name, address and the amount to be repaid. This document allows the Department to use the means stipulated by regulation to recover the amounts claimed. Terms and conditions of repaymentIf you receive Québec Parental Insurance Plan benefitsAfter issuing a recovery certificate, the Department will withhold an amount from your benefits (20% of the net benefit payable) to repay your debt. However, if the withholding results from a case involving misrepresentation, it will correspond to 50% of the net benefit payable. If you no longer receive Québec Parental Insurance Plan benefitsBenefits unduly received must be repaid in full, either in a single lump sum or by instalments (once a month, twice a month, every two weeks or once a week) according to a repayment agreement reached with the Ministère de l’Emploi et de la Solidarité sociale. Other means of recovering debtsThe MESS may also use other means to recover amounts owed to it. Withholding of amounts by Revenu QuébecAmounts payable to you by Revenu Québec can be withheld to repay amounts you owe to the Ministère de l’Emploi et de la Solidarité sociale, whether or not you are receiving financial assistance from the Ministère. This means that income tax refunds and solidarity tax credit payments can be withheld in order to reimburse amounts you owe to the Ministère. Amounts payable by Revenu Québec are withheld until you have repaid your debt in full. Legal measuresIf you fail to comply with the rules for repayment, the MESS may call on the following types of legal remedy:
To exercise legal recourse, a certificate is filed with the court registry and costs are charged to the debtor’s account. Also, a file is opened at the palais de justice and this information then becomes public. Review As indicated in the claim notice, the claim may be contested. You have 90 days from the date you receive the claim to file an application for review. You may obtain a form for this purpose on the Internet site of the Régime québécois d'assurance parentale Tribunal administratif du Québec (TAQ)If you disagree with the decision made following the review, you may file
an appeal with the Tribunal
administratif du Québec (TAQ) |
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