Summary of Issue: Claimant's Liability

Decision 72264 Full Text of Decision 72264

The claimant filed an initial benefit claim, effective February 20, 2005, after he stopped working for a granite company. He then worked for the same employer during the weeks of March 7 to September 4, 2005 and the week of January 29, 2006. An investigation showed that he did not report his earnings from employment while he was receiving benefits. The claimant indicated that he suspected his ex-partner of making false representations without his knowledge and that he was innocent. The claimant had opened a joint account with a woman; two debit cards were issued so she could carry out transactions in the joint account under the claimant's signature. The woman denied everything and said that she did not have an ATM card and the claimant never gave her his access code and never asked her to complete his reports. The claimant was the victim of his ex-partner's actions. The Commission's appeal is allowed.

Decision 71785 Full Text of Decision 71785

The claimant informed the Commission that bank number he provided for the direct deposits was incorrect and that he had not received 18 weeks of benefits. The Commission replaced the benefits. Subsequently, the Commission discovered that the claimant received the original benefits as well as the replacement funds and demanded repayment of the overpaid benefits. The claimant objects to repayment. The claimant admits that he received the benefits twice. He attributed his problem to alcohol. Nevertheless, he wants the demand for repayment to be removed. The appeal is dismissed.

Decision 49402 Full Text of Decision 49402

Three years after receiving benefits, claimant received compensation from the CSST. Overpayment of $8,000 which the claimant was required to repay under section 45 of the EIA. Umpire found that section 45 is written in very broad terms and applies not only to earnings paid under a labour arbitration award or court judgement of any kind, but also "for any other reason". The claimant cannot receive both employment insurance benefit and other benefits in respect of the same employment for the same period of time.

Decision 37417 Full Text of Decision 37417

Under section 37, the claimant has a positive obligation to repay an overpayment in benefits. Such an overpayment results when the claimant receives a labour arbitration award, court judgment, or "for any other reason" in respect of a period for which the claimant received benefits. This subsection neither disentitles nor disqualifies a claimant from receiving benefits; it merely creates a liability for an overpayment of those benefits.

Decision 67598 Full Text of Decision 67598

Section 27(2) of the Regulations allows a representative of a deceased claimant to claim benefits on behalf of the claimant if the claimant was entitled thereto under the Act, and authorizes the Commission to pay such benefits. Needless to say, the right of the estate to receive benefits to which a claimant would have been entitled also implies an obligation to repay any overpayment resulting from the claim for benefits. The estate's representative recognized this obligation in the agreement with the employer. The employer repaid the overpayment as it was obliged to do under section 46 of the Act.