Summary of Issue: Calculation

Decision 64057 Full Text of Decision 64057

Corrected information received from the Canada Customs and Revenue Agency with respect to the claimant's eligibility to family supplement payments resulted in a lower benefit rate and an overpayment of benefits. The Umpire found that the absence of evidence of the CCRA information on file justifies allowance of the claimant's appeal. It is unreasonable to expect anyone in any circumstances to be asked to pay a given amount to a creditor without any information as to how this amount has been calculated - in effect write a blank cheque.

Decision A-0930.96 Full Text of Decision A-0930.96

FCA found that the Umpire had erred at the outset in imposing upon the Commission the obligation to notify the claimant of the calculated amount. This notification is required by s. 43 of the Act, and FCA has recalled, in Brien and Rajotte, that it is not subject to any precise formal requirement.

Decision 22758 Full Text of Decision 22758

Claimant is certainly entitled to have full detailed information as to how calculations have been made and the amount of the overpayment claim calculated. I direct that before any attempt to collect is made, claimant must be provided with a detailed accounting week by week indicating how the total has been arrived at.

Decision 21647 Full Text of Decision 21647

It should not be sufficient for the CEIC merely to send a notice of overpayment. The sections of the Act showing these calculations are quite complicated. Claimants should not be required to take them on faith without any explanation whatsoever as to how it has been calculated.

Decision 20826 Full Text of Decision 20826

The Board recalculated the overpayment and recommended a reduction. This was something beyond its power. It would appear that it should have been the CEIC which was appealing the reduction. However, the CEIC is not bound by this and is entitled to make its own calculation.