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Waiver of recovery and reduction of amount to be recovered
Kela can in certain situations waive a recovery or reduce the amount being recovered.
Kela takes the following into account:
- your social situation, e.g. whether you are somebody’s custodian
- your economic situation
- whether receiving the overpaid benefit caused you to lose some other social benefit
- whether the overpayment was caused by Kela or some other authority
- the time elapsed since the overpayment.
The overpayment is recovered for the whole time period, but at the most for five years from the payment date. If the overpayment amounts to less than EUR 150, the sum is not always recovered.
The recovery is not waived and the amount to be recovered is not reduced if the overpayment is due to dishonest behaviour. If the beneficiary is dead, the recovery is only affected by the wealth of the estate.
Before a decision on recovery is made you will usually be heard in the matter. This means that you have the opportunity to state your own view. You can do this
- by logging into Kela's online customer service at www.kela.fi/e-services and selecting Viestit ja liitteet (Messages and attachments) and then Liikamaksu- ja takaisinperintäasiat (Overpayment and recovery).
- by contacting Kela’s customer service by phone
- by sending the form Benefit overpayment details (Y14e) to Kela.
Neglecting to reply does not hinder a decision in the matter. In such cases, Kela makes a decision on recovery on the basis of available information.
Waiver of recovery after a decision on recovery has been made
Kela may waive a recovery completely even after a decision on recovery has already been made.
A prerequisite for a waiver of the recovery is that
- steps have been taken to recover the debt through payment reminders and set-off,
- measures have been taken for a long time to recover the debt through enforcement action and the customer's financial situation has weakened permanently so that it will not be possible to recover the debt in the future either
- carrying out the recovery would be unreasonably costly relative to the amount being recovered.
Waiving a recovery after a decision on recovery has been made is possible on Kela's or the customer's initiative. The customer is informed about the termination of recovery. Waiver of a recovery is always decided on by Kela's Overpayment Recovery Centre.
However, at this stage Kela can no longer reduce the amount to be recovered. The only alternative is that Kela waives the recovery completely.