MF v Canada Employment Insurance Commission

MF v Canada Employment Insurance Commission

Because the claimant's benefit period was established on March 22, 2020, interim orders made under the COVID-19 Emergency Response Act required that the claim be dealt with under the EI ERB regime (fixed $500/week), not regular EI; the $2,000 advance constituted an overpayment when the EI ERB entitlement ended early and is recoverable under the Employment Insurance Act; the Tribunal lacks authority to write off the debt, so the appeal is dismissed and the claimant must repay $2,000.00.

Citation
2021 SST 258
Parties
Appellant / Claimant: M. F.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
EI Emergency Response Benefit (ei Erb), Benefit Entitlement, Overpayment and Recovery, Interim Ministerial Orders, Work Sharing Benefits
Source Language
English
Employment Insurance Administrative Law Social Security EI Emergency Response Benefit (ei Erb) Benefit Entitlement Overpayment and Recovery Interim Ministerial Orders Work Sharing Benefits

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Parties

M. F.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant is entitled to regular EI benefits instead of the EI ERB
  2. 2 Whether the $2,000.00 EI ERB advance constitutes an overpayment recoverable by the Commission
  3. 3 Whether the Tribunal has authority to write off or forgive the $2,000.00 debt

Ratio Decidendi

Because the claimant's benefit period was established on March 22, 2020, interim orders made under the COVID-19 Emergency Response Act required that the claim be dealt with under the EI ERB regime (fixed $500/week), not regular EI; the $2,000 advance constituted an overpayment when the EI ERB entitlement ended early and is recoverable under the Employment Insurance Act; the Tribunal lacks authority to write off the debt, so the appeal is dismissed and the claimant must repay $2,000.00.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant must repay $2,000.00 EI ERB advance to the Commission