Summary of Issue: Collection Of Overpayment

Decision 37734 Full Text of Decision 37734

The jurisprudence has established that collections proceedings initiated by the Commission do not constitute special reasons to accept an appeal beyond the time period.

Decision 35979 Full Text of Decision 35979

Claimant delayed filing his appeal for 3½ years alleging his confusion with respect to the amount of O/P and penalty due. Explanations provided do not satisfy that claimant has shown special reasons. Collection proceedings do not constitute "special reasons" within the meaning of section 82 (Act).

Decision 23773 Full Text of Decision 23773

Appeal filed 6 months after Board's decision. When claimant was made aware of the fact that the Commission was going to pursue repayment of the funds, he made known his desire to appeal the decision of the Board. Given this explanation, I found sufficient reasons to extend the appeal period.

Decision 22317 Full Text of Decision 22317

Claimant contends that it is highly unfair to saddle her with an oppressive overpayment which would never have happened but for the CEIC's mistake. The CEIC did not regard this as a sufficiently compelling reason. The possibility that I might have come to a different decision is totally irrelevant.

Decision 20768 Full Text of Decision 20768

It seems clear that it was claimant's intention to abandon his appeal and only when collection proceedings were imminent was any action taken by him to have the matter heard by an Umpire. Collection proceedings do not constitute "special circumstances" as contemplated by s.82.

Decision 14710 Full Text of Decision 14710

Appeal filed 10 months after Board's decision communicated to claimant. Under s.98, appeal must be filed within 60 days. Appeal delayed because repayment unit contacted him more recently and appeal suggested. Without more, this is not a special reason.

Decision 14388 Full Text of Decision 14388

Claimant did not realize until enforcement action taken he would have to repay an overpayment to the Commission. Not a special reason for extending the time for appeal by more than 1 year.

Decision 11066 Full Text of Decision 11066

An appeal can be launched by mail; being out of town as truck driver much of the time is no excuse for a delay over 6 months. Also, he had essentially abandoned his appeal rights until faced with collection proceedings.