| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
Self-employment |
|
|
Summary:
In 2005, the claimant was collecting maternity and parental benefits under the EIA. In the same year, the claimant's husband had financial difficulties and in order to assist him, she incorporated a company of which she was sole shareholder and signing officer. The Commission argued that the earnings of the company were earnings from self-employment during the time when the Claimant was collecting maternity and parental leave benefits which resulted in an overpayment. The BOR disagreed and overturned the decision of the Commission because the claimant received no earnings from the company and her husband handled the operation and daily activities of the company. The Umpire agreed with the BOR. The FCA found that the Umpire correctly used the standard of reasonableness in reviewing the decision of the BOR and, further, that the Umpire had not committed a reviewable error.
