Decision 12443

Case Number Claimant Judge Language Decision date
Decision 12443   Collier  English 1986-08-21
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  factual cases  rate of benefit 

Summary:

CEIC made calculation error. Rate of $255 reduced to $107. $2,400 overpayment. Amendments suggested concerning discretion and possible write-off of overpayments.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  authority to write off 

Summary:

I cannot, in law, waive the repayment. Only the CEIC has such power. I suggest that the UI Act be amended to make someone, such as an Umpire, the decider as to whether one is a proper case for waiving the repayment. Otherwise, the CEIC acts as the collector, prosecutor and judge.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  hardship defined 

Summary:

Undue hardship does not just mean financial hardship. It is undue hardship at any time when people, through no fault of their own, and in this case over the claimant's warnings, are paid money to which not entitled.


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