| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
|
Summary:
A benefit claim commencing 4-10-92 was refused because the claimant had not been without work and without remuneration for at least seven consecutive days. Umpire upheld this decision. However, Umpire noted that under subsection 43(1) of the Act, the Commission has 36 months to reconsider a benefit claim in situations where, as in the case at bar, there has been no determination that the claimant made a false or misleading statement. Umpire therefore concluded that the Commission could claim overpayment only as of 29-03-93 because the notice of overpayment was only given to the claimant on 29-03-96. **Decision appealed to the FCA. The Commission is of the opinion that subsection 43(6) applied to the case considered because a warning letter had been issued to the claimant. Consequently, the Commission had 72 months in which to recover the overpayment.
