You are here

Can ODSP say that I have to pay them back out of money I get in the future?

Question
Can ODSP say that I have to pay them back out of money I get in the future?

Glossary

Clear language definitions to common legal terms. 

Embed this content on your website

Learn how you can embed and share Steps to Justice content on your website.

GET STARTED

Was this information helpful?

Tell us why

By submitting this form, you accept the Privacy Policy

By submitting this form, you accept the Mollom privacy policy.
Reviewed: 
March, 2017
Answer

Yes. The Ontario Disability Support Program (ODSP) can ask you to pay back income support out of money that you get in the future.

And if you don't agree to do this, they can refuse to give you assistance or cut off your assistance.

When ODSP will ask you to agree to pay back money

ODSP will ask you to agree to pay back money that would affect:

  • whether you’re eligible for income support, or
  • the amount of income support that you get. 

For example, ODSP will ask you to agree to pay back income support if:

  • You’re waiting for benefits from another government program like the Canada Pension Plan, Employment Insurance, or workers’ compensation.
  • You’re waiting for money from an insurance company or a private pension plan.
  • A court has ordered someone to pay you and you’re waiting for the money.
  • You’re waiting for spousal support payments.

When ODSP will not ask you to agree to pay back money

But there are some types of income and assets that ODSP does not count when deciding:

  • if you’re eligible
  • how much income support to give you

And you don’t have to agree to pay this kind of money back.

For example, they don’t count child support payments owed to you for periods of time that begin on January 1, 2017, or after that date. So ODSP can't ask you to pay back assistance out of that money.

Next steps

Body:

The Ontario Disability Support Program (ODSP) can ask you to agree that you’ll pay back income support out of money that you get in the future.

ODSP will ask you to agree to pay back money that would affect:

  • whether you’re eligible for income support, or
  • the amount of income support that you get.

To prove that you agree, you have to sign a form called an Agreement to Reimburse. This is a promise that you’ll pay back what you owe in assistance out of the money you get in the future.

If you don’t follow the agreement, ODSP will say that you have an overpayment. And they’ll take steps to collect the money you owe.

Body:

The Ontario Disability Support Program (ODSP) can ask you to agree that you’ll pay back income support out of money that you get in the future.

You’ll have to sign an Agreement to Reimburse

The “Assignment, Authorization and Direction” form

ODSP may also ask you to sign an Assignment, Authorization and Direction form. This is a form that tells a person or government agency that owes you money to pay the money to ODSP instead of you.

After you sign the form, ODSP sends it to the person or agency.

For example, you might be getting income support from ODSP and be waiting for an insurance company to pay you because you were hurt in a car accident. To get their money back, ODSP may want the insurance company to send the money you owe ODSP directly to them.

If the money is paid to you

You have to pay back the money to ODSP if:

  • someone is supposed to send money to ODSP because of an Assignment, and
  • they send the money to you instead of sending it to ODSP. For example, they might do this by mistake.

If you don’t pay back money that you owe, ODSP will say that you have an overpayment. And they’ll take steps to collect the money you owe

Body:

If the Ontario Disability Support Program (ODSP) thinks that you owe them money, they’ll say that you have an overpayment. And they’ll take steps to collect the money you owe

You may be able to appeal a decision about an overpayment to the Social Benefits Tribunal.

But it’s important to get legal advice to help you decide what to do

Learn more about this topic
CLEO (Community Legal Education Ontario/Éducation juridique communautaire Ontario)
CLEO (Community Legal Education Ontario/Éducation juridique communautaire Ontario)

Parlez Français