K J v Canada Employment Insurance Commission

K J v Canada Employment Insurance Commission

The claimant received $470 gross for the week of October 18, 2020; under s36(4) Regulations and s19(2) of the Act 50% of gross earnings up to the earnings threshold ($573) ($470×50%=$235) is applied against the $573 gross weekly parental benefit yielding entitlement of $338 and an overpayment of $235; the Tribunal lacks authority to write off that overpayment; appeal dismissed.

Citation
2021 SST 33
Parties
Appellant (claimant): K. J.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 January 2021
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / Decision by General Division (appeal Dismissed)
Outcome
Appeal dismissed; claimant liable to repay $235.00 to the Commission.
Legal Topics
Earnings Allocation, Overpayment, Parental Benefits, EI Waiting Period, Tribunal Jurisdiction to Write Off Debt
Source Language
English
Employment Insurance Social Security Administrative Law Government Benefits Debt Recovery Earnings Allocation Overpayment Parental Benefits +2 more

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Parties

K. J.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / Decision by General Division (appeal Dismissed)

Legal Issues

  1. 1 Did the claimant receive wages for work performed during the week of October 18, 2020 and are those wages earnings?
  2. 2 If the wages are earnings, what amount must be allocated against benefits?
  3. 3 Does the Tribunal have authority to write off or reduce the overpayment?

Ratio Decidendi

The claimant received $470 gross for the week of October 18, 2020; under s36(4) Regulations and s19(2) of the Act 50% of gross earnings up to the earnings threshold ($573) ($470×50%=$235) is applied against the $573 gross weekly parental benefit yielding entitlement of $338 and an overpayment of $235; the Tribunal lacks authority to write off that overpayment; appeal dismissed.

Court Disposition

Appeal dismissed; claimant liable to repay $235.00 to the Commission.

Orders

  • Appeal dismissed
  • Claimant liable to repay $235.00 to the Canada Employment Insurance Commission