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Accountability |
Published Date: September 01, 2011
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Training Benefits – Payments & Refunds |
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Overpayment and Reconciliation Process
Income and Employment Supports Act, Part 3, Section 21
Income and Employment Supports Act, Part 3, Section 22
Income and Employment Supports Act, Part 3, Section 25
Training Provider Regulation, Section 3
Training Provider Regulation, Section 5
INTENT
The overpayment reconciliation process will ensure all outstanding tuition and prescribed fees debt for full-time training that are owing to Alberta Employment and Immigration (AE&I) are paid.
POLICY
Learner withdrawal notifications received within a fiscal year (April 1 to March 31) are considered owing in that fiscal year. Learner withdrawal notifications received after March 31 will be considered owing in the fiscal year in which the learner withdrawal notification was received. Training providers are responsible for ensuring learner withdrawal notifications are submitted within the time and in the form and manner determined by the Director as outlined in the Reporting section of the Accountability Policy.
When reconciling outstanding tuition and prescribed fees debt for each training provider, within a fiscal year (April to March), the total accumulated outstanding tuition and prescribed fees debt owing for all learners at each training provider, are less than $1000, the refund will be recommended for write off.
Tuition and prescribed fees overpayments are considered to be owing to Alberta Employment and Immigration (AE&I) immediately following the learner’s withdrawal date.
PROCEDURE
First Reconciliation Letter
Authority – Section 21 of the Income and Employment Supports Act (IESA)
At the beginning of each month, AE&I will review withdrawal notifications that were received the previous month, and, if applicable, send training providers a letter that indicates the amount of the tuition and prescribed fees overpayment owing.
The training provider will have 30 days from the date of this first reconciliation letter to complete a validation against their own records, reconcile with AE&I’s records and submit payment.
Second Reconciliation Letter
Authority – Section 22 of IESA
This letter will be sent to training providers at the beginning of the new fiscal year to notify them of all outstanding tuition and prescribed fees overpayment amounts still owing from the previous fiscal year.
The second reconciliation letter outlines potential future actions to be taken by AE&I if the outstanding amount(s) are not paid. This letter is considered to be the official written notice of non-compliance in accordance with Section 22(a) of IESA.
Notice of Amount Owing Letter
Authority – Sections 22 and 25 of IESA
This letter will be sent to training providers who still have an outstanding tuition and prescribed fees overpayment(s) 30 days after receiving the Second Reconciliation Letter. This Notice of Amount Owing Letter will be considered notice of an amount owing to the government in accordance with Section 25 of IESA.
The Notice of Amount Owing Letter will advise a training provider of their right to appeal within 30 days or pay the amount owing. It will also provide the link to the Training Benefit Overpayment Reconciliation policy which outlines the potential actions to be taken by AE&I if an appeal has not been filed and the repayment has not been made.
A Notice of Appeal form will be attached to the Notice of Amount Owing Letter. Training providers, who choose to appeal will complete the form and forward their appeal to the Appeals Secretariat at 6th floor, Centre West, 10035 – 108 Street, Edmonton, Alberta, T5J 3E1.
Appeal is Received
For those training providers who appeal, the Appeals Secretariat will contact them to arrange a hearing date and time. No action will occur until a decision has been made by the Training Provider Compliance and Administrative Penalties Appeal Committee.
Notice of Appeal Decision Letter
The Training Provider Compliance and Administrative Penalties Appeal Committee will hear all appeal regarding tuition and prescribed fees overpayments. Once a decision has been made the training provider will be notified directly,
When the Training Provider Compliance and Administrative Penalties Appeal Committee has ruled that the training provider has not been successful in its appeal and there is a tuition and prescribed fees debt owing to AE&I, a Notice of Appeal Decision Letter will be sent by AE&I to the training provider.
This letter will outline the action AE&I will take to collect the tuition debts owing. These actions include withholding payments of tuition, mandatory fees and student association fees for future learners, sending the tuition and prescribed fees debt(s) to collections, or in accordance with Section 22 of IESA declaring against the training provider’s financial security.
Appeal is not Received
If an appeal is not filed within 30 days, AE&I will rely on its own records to determine the amount owing. Once the appeal period has elapsed the training provider will not have another opportunity to appeal and the outstanding amount will be considered a debt owing to the Government of Alberta (GOA).
Recovery of Debts Owing to GOA
Debts owing to GOA can be recovered in one of three ways:
- Withhold future payments of tuition, mandatory fees and student association fees. If an appeal has not been received within the 30 day timeframe and the repayment for the outstanding tuition debt has not been made, AE&I will withhold subsequent future payments for tuition, mandatory fees and student association fees in accordance with Section 22 of IESA.
- Sending the tuition debt(s) to collections. If there are no learners to withhold payments of tuition, mandatory fees and student association fees, AE&I will place a credit in the amount of the debt on a GOA system that will enable AE&I to collect on the debt if any monies are paid to the training provider by other GOA ministries. In addition, AE&I will simultaneously forward the debt to a collection agency.
- In accordance with Section 22 of IESA and Section 6 of the Training Provider Regulation claim against the training provider’s financial security.
Compliance Letter
The Compliance Letter will be sent to training providers who have not appealed and have not paid their tuition and prescribed fees debt(s), 30 days after receiving the Notice of Amount Owing Letter. This letter will outline the action AE&I will take to collect the tuition and prescribed fees debt(s) owing. These actions include withholding payments of training benefits for future learners, sending the tuition debt(s) to collections, or in accordance with Section 22 of IESA declaring against the training provider’s financial security.
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