CAF sometimes continues to pay benefits to which you are no longer entitled. Or higher than normal, due to failure to update your information. Before asking for reimbursement… Do you necessarily have to return this overpayment? The testimony of a mother of 7 children, who must repay an overpayment of 22,500 euros to the Family Allowance Fund, illustrates the extreme situations to which overpayments can lead.
A mother of seven children finds herself deeply in debt with the Family Allowance Fund. She owes them an overpayment of 19,000 euros, to which is added a 3,500 euro fine. Today, I no longer have any solution, explained this woman from Tarn our colleagues from La Dépche du Midi last February 20.
Today, I no longer have any solution
After fleeing her home in 2019 to take refuge with one of her friends in the Landes, the mother signed a roommate contract with him. She then requested daily parental assistance in addition to the benefits due to her as a single mother, to take care of her sick daughter.
Following an inspection, the CAF sent her a report stating that she was in a cohabitation situation and not in shared accommodation and therefore that she could no longer receive the aid. Worse, considered fraudulent, the CAF is now asking her to reimburse the 19,000 euros of overpayment and to fulfill a fine of 3500 euros. Is the mother obliged to reimburse the CAF?
What are the remedies?
On the CAF website, the overpayment is defined as financial assistance that the recipient continues to receive even though their situation or the regulations have changed. The CAF specifies that in the event of a debt, according to the law, your good faith does not exempt you from repaying the sums that you have wrongly received from the CAF. It is about even if the overpayment follows an error made by the CAF, it will remain justified., from the CAF point of view. To make the reimbursement, the National Family Allowance Fund specifies that a one-time reimbursement is desired but that it is also possible to pay in 3 or 4 monthly installments.
A one-time refund is desired, but…
However, in the absence of reimbursement or proposal from you, the CAF can make deductions from your services; If the amount of deductions is insufficient, CAF will contact you to obtain additional payment.
Of course, in the event of financial difficulties, it is normally possible to calculate monthly payments based on your situation or debt forgiveness by email if you do not have the required amount. But this is where the situation becomes complicated: in the event of fraud, the organization can retain all benefits while waiting for full reimbursement.
It is also possible to contest the overpayment within 2 months after receipt of the letter indicating the repayment obligation. It is then up to the CAF to judge whether the evidence provided is sufficient to cancel the debt.