| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefits paid |
duplicate payments |
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Summary:
The claimant filed a claim for benefits and requested that his benefits be deposited directly into his bank account. He then filed for bankruptcy in November 2002 and a trustee took control of his account. Later, he informed the Commission that his bank account was no longer valid and that the application for direct deposit should be disregarded. The benefits were first paid into the void bank account unbeknownst to the claimant and, following inquiries from the claimant as to the whereabouts of his benefits, replacement cheques were sent to him directly. The FCA found that the uncontradicted evidence before it showed that the claimant withdrew his direct deposit application. She also determined that the claimant acted reasonably and did not benefit from the misdirected payment. She further noted that the Commission should have taken steps to determine with reasonable certainty whether the claimant had benefited from the payments, rather than simply assuming that he did.
