My note: Reasons for return of benefit: 1. Not eligible. 2, Paid to wrong party. 3. Overpayment

Recovery of amount of payment

(2) If a person has received or obtained a benefit payment to which the person is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person is entitled, the amount of the benefit payment or the excess amount, as the case may be, constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

My note: Recoverable by court action ONLY for reasons in Para. 66 (1)

Recovery of amount of interest

(2.01) Interest payable under this Part constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

My note: Interest payable ONLY on debt established in Para. 66 (2)

Set-off

(2.1) Where any amount is or becomes payable to the person or the person’s estate or succession under this Act or any other Act or program administered by the Minister, that indebtedness may, in the prescribed manner, be deducted and retained out of the amount payable.

My note: Any "debt" to the Queen recoverable is ONLY a "debt" resulting from an Act administered by the Minister of Human Resources. There is NO provision to collect debts of Acts administered by other Ministers, as for instance, the Income Tax Act administered by the Minister of National Revenue.

FROM THE CANADIAN ARMED FORCES
SUPERANNUATION ACT:

"(c) a benefit under this Part, Part I.1 or Part III is exempt from attachment, seizure and execution, either at law or in equity."

Old Age Security Act: [Canada OAS Act]

Benefit not assignable

36. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

Benefit not subject to seizure or execution
(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception
(2) Despite subsections (1) and (1.1), if a provincial authority or a municipal authority in a province pays a person any advance or assistance or welfare payment for a month or a portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from the benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not more than the amount of the advance or assistance or welfare payment paid.

There was a revising act in November 2006 allowing pension benefits and tax refunds to be garnisheed for family support payments, but nowhere is there a provision allowing for garnishment of CPP, OAS or Military pension by CRA.

Suggested notice to be sent to the Federal Minister of Human Resources if you are a victim of the CRA "statutory setoff" scam. Copy and paste to your word processor:

From: [Strawman Name]                                                                              CPP Number:
ADDRESS
DATE, 2001

To: [Human Resources Minister] M.P.
Minister of Human Resources and Development
House of Commons
Ottawa ,Canada
K1A 0A6

I, [strawman name] am the Crown owned trustee in trust and agent in commerce for the adult man commonly called __________________ of the family called _______________ who is of free will status, the principal and beneficiary. This man is not a corporate member of 'person' status. This man has a claim in equity of all property and specie held anywhere in this party's name.

If the Crown, the Queen, the Minister of National Revenue or CRA has determined that this party, ___________ (strawman name) is indebted to Her Majesty in a legal claim, any assets held in any manner by this party is not subject to confiscation using any method of confiscation, in that such act violates the laws of trust and imposes legal claim over equitable claim, an unlawful act. Pension and/or Old Age Security benefits are the property of the trustor and beneficiary because that party gave value to it, not this Crown owned fictional name. And, a statutory setoff is totally unlawful in the absence of any good contract where debt is established. And, the principal has made no contract with the Crown establishing a debt, nor agreement to be surety or good as aval for the debts of (strawman name).

And, a supposedly voluntary statutory setoff is certainly not acknowledged or authorized by me or my principal. I therefore forbid you to pay over to CRA or to the Receiver General of Canada any amount of Canada Pension and OAS benefits payable to me.

The CPP Act Section 65 forbids any deductions or garnishments from CPP, to wit:

From CPP ACT - QUOTE:

Benefit not to be assigned, etc.

65. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

Benefit not subject to seizure or execution

(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception
(2) Notwithstanding subsections (1) and (1.1), where any provincial authority or municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid.

Exception
(3) Notwithstanding subsections (1) and (1.1), where an administrator of a disability income program who is approved by the Minister makes a payment under that program to a person for a month or any portion of a month that would not have been made if a benefit under paragraph 44(1)(b) had been paid to that person for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the administrator an amount not exceeding the amount of the payment made under that program.

Section 66 of the CPP Act ONLY gives authority to deduct from CPP or other benefits from Acts subject to the Minister of Human Resources when such benefits have been paid to an ineligible party or where overpayments have been made. There is no provision within the CPP Act or OAS Act to pay benefits arising from Acts under the Minister of Human Resources for debts arising out of Acts under the Minister of National Revenue.

R.S., 1985, c. C-8, s. 65; 1991, c. 44, s. 15; 1995, c. 33, s. 29; 1997, c. 40, s. 78.

Old Age Security Act, Canada

Benefit not assignable

36. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

Benefit not subject to seizure or execution
(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception
(2) Despite subsections (1) and (1.1), if a provincial authority or a municipal authority in a province pays a person any advance or assistance or welfare payment for a month or a portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from the benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not more than the amount of the advance or assistance or welfare payment paid.
UNQUOTE

Therefore, demand is upon you to forthwith order a cease and desist against the payment of any portion of my Canada Pension and OAS benefit to the Receiver General as a statutory setoff, which statutory setoff has been directed by Canada Revenue Agency, and an immediate refund to me of any monies unlawfully confiscated from my pensions by CRA.

Your response to me regarding this demand for redress of the unlawful acts of CRA against myself and my Canada Pension and OAS benefits and demand for your compliance with the Canada Pension Plan Act and the Old Age Security Act is requested within 15 days.

I, commonly called ___________ of the _____________ family, in own right,

for __________[strawman signature]________ in own right                     _________________________
Signature                                                                                                 Witness

cc: [Minister of National Revenue] M.P.
Minister of National Revenue

Top of page

HOME

© DetaxCanada 2000 thru 2007