| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
cards signed by third party |
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Summary:
The claimant had been incarcerated and had continued to receive his benefits during his periods of incarceration. He suspected that his girlfriend, who was the mother of his child and who had cohabi
ted with him prior to his arrest, had phoned in his report and had accessed his bank account to withdraw moneys, including his benefits payment from his account, without his knowledge and consent. The claimant had maintained that he had not given his girlfriend any such authorization. The FCA held that the Umpire should have allowed the appeal on the ground that the BOR failed to make findings of fact as to whether a third party fraudulently caused the Commission to make the overpayments and if so, whether the fraud was committed with the claimant's knowledge and consent.
