| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
|
Summary:
FCA holds that it does not matter whether the various steps set out in subsection 43(1) were carried out the same day, whether the claimant was informed of the decisions about him as they were being made or at the end of the process, or whether these various decisions were included in a single document since the only moment that counts is the moment when the process is completed, that is, the moment when the claimant is notified by the Commission of the amount of the overpayment.** Since the notification of the amount of overpayment is what is used to determine whether the process in section 43 has been completed, and since the notification of this notice is what is used to determine whether the claims that were reconsidered fall within the 36-month period set out in this section, it is inconceivable that the Commission does not keep a copy.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
date of liability |
|
Summary:
Since the notification of the amount of overpayment is what is used to determine whether the process in section 43 has been completed, and since the notification of this notice is what is used to determine whether the claims that were reconsidered fall within the 36-month period set out in this section, it is inconceivable that the Commission does not keep a copy.
