Acts and Regulations

2011, c.154 - Family Income Security Act

Section 12
Disposition versions

Full text
Recovery of assistance by Minister
12(1)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, all or any portion of the value of the assistance may be recovered by the Minister
(a) from the person by deduction from subsequent payments to or for the benefit of that person under this Act or the regulations, or
(b) from the person or, if the person has died, from the person’s personal representative,
(i) as a debt due to the Crown in right of the Province, in the manner set out in section 13, or
(ii) in the manner set out in a restitution agreement entered into between the person or personal representative and the Minister under subsection (3).
12(2)For the purposes of paragraph (1)(b), the Minister may obtain as a creditor letters of administration of the estate of the person and may file a claim against the estate of the person in a probate court.
12(3)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, the Minister may enter into a restitution agreement with that person for the recovery of all or any portion of the value of the assistance.
1994, c.F-2.01, s.12; 2023, c.17, s.84
Recovery of assistance by Minister
12(1)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, all or any portion of the value of the assistance may be recovered by the Minister
(a) from the person by deduction from subsequent payments to or for the benefit of that person under this Act or the regulations, or
(b) from the person or, if the person has died, from the person’s personal representative,
(i) as a debt due to Her Majesty in right of the Province, in the manner set out in section 13, or
(ii) in the manner set out in a restitution agreement entered into between the person or personal representative and the Minister under subsection (3).
12(2)For the purposes of paragraph (1)(b), the Minister may obtain as a creditor letters of administration of the estate of the person and may file a claim against the estate of the person in a probate court.
12(3)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, the Minister may enter into a restitution agreement with that person for the recovery of all or any portion of the value of the assistance.
1994, c.F-2.01, s.12
Recovery of assistance by Minister
12(1)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, all or any portion of the value of the assistance may be recovered by the Minister
(a) from the person by deduction from subsequent payments to or for the benefit of that person under this Act or the regulations, or
(b) from the person or, if the person has died, from the person’s personal representative,
(i) as a debt due to Her Majesty in right of the Province, in the manner set out in section 13, or
(ii) in the manner set out in a restitution agreement entered into between the person or personal representative and the Minister under subsection (3).
12(2)For the purposes of paragraph (1)(b), the Minister may obtain as a creditor letters of administration of the estate of the person and may file a claim against the estate of the person in a probate court.
12(3)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, the Minister may enter into a restitution agreement with that person for the recovery of all or any portion of the value of the assistance.
1994, c.F-2.01, s.12