| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
legal remedy |
|
Summary:
As to the claim for damages as set-off against the overpayment, neither a Board nor an Umpire has jurisdiction to award such a remedy. If she has a valid claim for damages she may, of course, commence an action for recovery against Her Majesty.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
I note that pursuant to reg. 60(2) as recently enacted, any overpayment of benefits received more than 12 months before notification may be written off. Since the overpayment was communicated to claimant on 23-11-87, waiver of the portion before 23-11-86 should be undertaken.
Rate incorrectly calculated by the CEIC resulting in a substantial overpayment. It is well established that an Umpire, like the Board, has no jurisdiction to waive an overpayment. That is a matter within the sole jurisdiction of the CEIC to be exercisedin their discretion.
