If a benefit has been overpaid or paid undyly, the fund must recover it.
The fund will consult you when an overpayment is noticed
If you have been paid benefits unduly or more than you have a legal right to, the fund will calculate the amount of overpayment and will first send you a consultation letter on the recovery of the benefit.
The consultation letter states
- for which period the benefit has been overpaid
- how much benefit has been paid too much (gross, net)
- for which reason you are not entitled to the amount of benefit you were paid
If a decision was given in connection with the incorrect payment of benefit, you will also be asked for permission to rectify the incorrect decision. If you don't give your permission to rectify the decision, the fund will apply to Sosiaaliturva-asioiden muutoksenhakulautakunta (Social Secury Appeals Board) for the decision to be revoked. The recovery process will continue when the appeals board has revoked the incorrect decision.
You can't appeal against the consultation letter the fund has sent, because the fund will make their final decision on recovery (or waiver of recovery) only after receiving your answer to the consultation letter.
Answer the consultation letter
You must answer the consultation letter in writing . You can take a stand on
- whether you think the reason and amount of the overpayment are correct
- whether, in your opinion, the recovery should be waived in part or in full based on your financial situation
- in what instalments would you be willing to repay the money
Waiving the recovery of overpayment based on your financial situation requires that you can't afford to pay back the money even in the long run. Recovery can't be waived based on momentary insolvency. Regardless of the financial situation, recovery can't be waived when the overpayment was caused by fraudulent conduct on the part of the beneficiary.
Decision of recovery
After you have answered the consultation letter, the fund will send to you a corrected benefit decision and an appealable decision on the recovery (or waiver) of the overpayment. If necessary, payment information for the repayment of the money, will also be sent with the decision.
If you are unhappy with the decision of recovery, you can appeal against it (an appeal instruction is attached to every decision). In this case, the repayment of the overpaid benefit will only begin after your appeal has been processed. Read more about how to appeal against a decision.
If you think the recovery of an overpayment should be waived based on your financial situation, attach to your answer a statement of your financial situation with this form.