Can France Travail claim reimbursement of amounts paid in error (overpayment)?
Verified 08 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, France Travail (formerly Pôle emploi) may ask you to repay amounts paid in error. In case of overpayment, France Travail can give formal notice to repay by overlay by deduction from your allowances or by collection by constraint. You have to pay back the money you wrongly received. However, if you dispute the unfairness of the allowances claimed, you can form a ex gratia appeal from France Travail. We present you with the information you need to know.
Allowances may have been paid to you by France Travail when they were not due to you.
This is called overpayment.
These may be:
- Or a difference between your income reported at your monthly update and the supporting document (pay slip) that you have sent to France Travail
- Or a change in your undeclared situation (e.g. resumption of work or sick leave) at the time of your monthly update.
Unemployment benefits
The allocations concerned are as follows:
- Return-to-Work Assistance (RRE)
- Return-to-Work Assistance Training (Aref)
- Professional Security Allowance (ASP).
Please note
undue allocations below €77 are not recovered by France Travail.
Solidarity grants
The allocations concerned are as follows:
Please note
undue allocations below €77 are not recovered by France Travail.
France Travail may ask you to return the overpayment 3 years after the date of payment allowances.
In case of fraud or false declaration on your part, France Travail may ask you to return the overpayment 10 years after the date of payment allowances.
Deduction Notification
In case of overpayment, France Travail will send you a letter from notification by letter with RARRAR : Recommended with notification of receipt including information on:
- Reason for overpayment
- Amount to be refunded (if SSA, deductions are limited to 20% of their amount)
- Period corresponding to overpayment
- Time limit for repayment
- Ability to request a deferral of your refund
- Possibility to request a debt cancelation (forgiveness)
- Refund terms (bank pick, transfer, check)
- Remedies to challenge the overpayment.
Please note
You can also find the notification in your personal space France Travail My Received Email.
Deferral Request
You can ask repay your debt in one or more installments requesting a staggered repayment.
Your request can be made from your personal area France Travail or in writing and on free paper addressed to your agency France Travail.
Your France Travail agency will send you a proposal of a timetable by mail to which you must give your agreement.
This refund can be made by check, transfer or money order.
Warning
in the event of non-compliance with the staggering, France Travail is authorized to request the refund of the balance in one go.
Ex gratia appeal
If you wish to challenge the withholding, you can make a ex gratia appeal from France Travail.
Such an ex gratia appeal must be lodged within 2 months from the date of notification of the undue payment by France Travail by sending a written challenge and indicating the reasons for your disagreement:
- You must first make a claim with France Travail
- If you feel you have not received a satisfactory answer, you must then enter the mediator of France Travail. This step is a mandatory prerequisite for the continuation of the proceedings and the referral to the judge.
- If the mediation is not successful, you can enter the administrative judge if the disagreement persists after the mediation (the competent administrative court is the one where the France Travail agency that made the decision you are challenging is located).
To check the precise steps to follow in case of disagreement, refer to the notification email. You can also find it in your personal space France Travail My Received Email.
If the notification remains ineffective 1 month after it has been sent (if you do not refund, do not ask for the overpayment to be erased or do not dispute), France Travail may notify you of a constraint.
The constraint is addressed by letter with RARRAR : Recommended with notification of receipt or by act of the commissioner of justice (formerly act of bailiff).
The letter or the act of the Commissioner of Justice must contain all of the following:
- Constraint Reference
- Amount of sums claimed and nature of allowances
- Time-limit for bringing an action (15 days following notification) and address of the competent administrative court.
In the absence of any appeal to the court by you, the constraint is a judgment and enables France Travail to implement the enforcement procedures (seizure).
Who can help me?
Find who can answer your questions in your region
France Work for jobseekers (formerly Pôle emploi) - 3949
By telephone
39,49
- To update your situation, report a change of situation, inform you of a payment: automated service 7 days a week, 24 hours a day - Free service + call price
- To be put in contact with an advisor to register, to inform you, to modify an appointment: service accessible at the times set by each agency France Travail (formerly Pôle emploi) - Free service + call price
From the foreigner: + 33 1 77 86 39 49
By E-mail
Access via the contact form
Reimbursement, recovery of undue benefits: principles
Reimbursement, recovery of undue benefits (limit, appeal, time limit...)
Limitation periods unemployment benefits
Limitation periods solidarity grants
Article 26 of the annexed General Regulation
Implementing Agreement No 12 (§ 6)
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