Decision 41492

Case Number Claimant Judge Language Decision date
Decision 41492   Péloquin  French 1998-07-16
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  business returns 

Summary:

Claimant worked for his wife’s business and generated income from his work. That income was used to pay for house-related expenses. Umpire found that in the circumstances, he was deriving benefit from his work in the form of payment of the couple’s expenses through his wife’s business income resulting from the work he provided himself. BOR had therefore erred in law in deciding to cancel the claimant’s overpayment because while the claimant did not receive payment directly, the money that his wife’s business made from his work was used to pay for the couple’s house-related expenses.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  in kind 

Summary:

Claimant worked for his wife’s business and generated income from his work. That income was used to pay for house-related expenses. Umpire found that in the circumstances, he was deriving benefit from his work in the form of payment of the couple’s expenses through his wife’s business income resulting from the work he provided himself. BOR had therefore erred in law in deciding to cancel the claimant’s overpayment because while the claimant did not receive payment directly, the money that his wife’s business made from his work was used to pay for the couple’s house-related expenses.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  between spouses 

Summary:

Claimant worked for his wife’s business and generated income from his work. That income was used to pay for house-related expenses. Umpire found that in the circumstances, he was deriving benefit from his work in the form of payment of the couple’s expenses through his wife’s business income resulting from the work he provided himself. BOR had therefore erred in law in deciding to cancel the claimant’s overpayment because while the claimant did not receive payment directly, the money that his wife’s business made from his work was used to pay for the couple’s house-related expenses.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  authority to write off 

Summary:

Claimant worked for his wife’s business and generated income from his work. That income was used to pay for house-related expenses. Umpire found that in the circumstances, he was deriving benefit from his work in the form of payment of the couple’s expenses through his wife’s business income resulting from the work he provided himself. BOR had therefore erred in law in deciding to cancel the claimant’s overpayment because while the claimant did not receive payment directly, the money that his wife’s business made from his work was used to pay for the couple’s house-related expenses.


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