C37/1997 AMENDMENTS TO DEPARTMENTAL INSTRUCTIONS (DI) NO. B18/95 & B34/95 RE ADMINISTRATIVE DELAY ADDING TO EXISTING OVERPAYMENT

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Paragraph 7

“.....and the Department fails to reduce the pension within a 28 day period from receipt of written advice”.

Paragraph 7

“.....and the Department fails to reduce the pension in accordance with the Department's performance standard for PIR processing.”.

Paragraph 8, Example 1

“...Under the new policy, the overpayment would be raised for the total period, but the amount representing the period from 3/11/94 (6/10/94 +28 days) to 6/1/95 would be waived.”

Paragraph 8, Example 1

“...Under the new policy, the overpayment would be raised for the total period, but the amount representing the period from 3/11/94 (6/10/94 +28* days) to 6/1/95 would be waived.  * The performance standard for processing PIRs which was applicable at that time”.

8

Paragraph 8, Example 2“...However, that period of the overpayment which occurred because of the Department's failure to properly ascertain his new rental status is waived, i.e. the period from 5/3/94 (5/2/94 +28 days) to 12/7/94.”

Paragraph 8, Example 2

“...However, that period of the overpayment which occurred because of the Department's failure to properly ascertain his new rental status is waived, i.e. the period from 5/3/94 (5/2/94 +28 days*) to 12/7/94.”   *The performance standard for processing PIRs which was applicable at that time”.

Paragraph 9

“Under the new guidelines..... ·the delay in acting upon advice of the change of circumstances is more than 28 days from receipt of written advice from the veteran.”

Paragraph 9

“Under the new guidelines.... ·the delay in acting upon advice of the change of circumstances is more than the number of days specified in the Department's performance standard for processing Pensioner Initiated Reviews.”

Paragraph 11

“The appropriate timeliness target for Branch staff to action Pensioner Initiated Reviews (PIR) is 28 days from receipt of the written advice of changed circumstances.”

Paragraph 11

“The National performance standard sets down the appropriate timeliness target for processing Pensioner Initiated Reviews (PIR).”

Paragraph 12

“In determining the appropriate deadline, consideration was given to the time required for the veteran to advise the Department of his changed circumstances (e.g. 21 days): the existing PIR targets; and the fact that procedural guidelines require immediate reduction of service pension.  Any overpayment calculation occurs later.  It is important to remember that the overpayment end date is the date that the pension is reduced.”

Paragraph 12

“However, this performance standard is subject to change.  Therefore, when determining what component of the debt should be waived due to departmental delay, consideration should be given to the:  ·              performance standard for PIR processing applicable at the time; and  ·procedural requirement for immediate processing of pension reductions.”

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Administrative delay - ...the Department failed to action an advice from a pensioner of a change in circumstances, within a 28 day period from receipt of the written advice the portion of the overpayment caused by the administrative delay is to be waived.

Administrative delay - .....the Department failed to action an advice from a pensioner of a change in circumstances in a timely manner, the portion of the overpayment caused by the administrative delay is to be waived

The part of the amount owing caused by administrative delay is to be waived only if:... -the delay in acting upon advice of the change in circumstances is more than 28 days from receipt of written advice from the veteran......”

The part of the amount owing caused by administrative delay is to be waived only if:... -the delay in acting upon advice of the change in circumstances is more than the number of days specified in the Department's performance standard for processing Pensioner Initiated Reviews......”