TP v Canada Employment Insurance Commission

TP v Canada Employment Insurance Commission

The claimant accepted the recalculated weekly rate ($339) and weeks of entitlement (20); the law requires repayment of benefits not entitled, the Tribunal lacks jurisdiction to review CRA insurability rulings or to write off debts, and therefore the appeal is dismissed and the claimant remains liable to repay $9,050 overpayment.

Citation
2021 SST 82
Parties
Appellant (claimant): T. P.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 February 2021
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Overpayment, Recalculation of Benefits, Record of Employment (roe), Insurability Rulings, Jurisdiction, Debt Write Off, Interim ROE
Source Language
English
Employment Insurance Social Security Administrative Law Overpayment Recalculation of Benefits Record of Employment (roe) Insurability Rulings Jurisdiction +2 more

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Parties

T. P.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Is the recalculation of the claimant's benefit rate in dispute?
  2. 2 Is the recalculation of the claimant's weeks of entitlement in dispute?
  3. 3 Can the Tribunal hear appeals relating to CRA insurability rulings?

Ratio Decidendi

The claimant accepted the recalculated weekly rate ($339) and weeks of entitlement (20); the law requires repayment of benefits not entitled, the Tribunal lacks jurisdiction to review CRA insurability rulings or to write off debts, and therefore the appeal is dismissed and the claimant remains liable to repay $9,050 overpayment.

Court Disposition

Appeal dismissed

Orders

  • Claimant liable to repay $9,050.00 to the Canada Employment Insurance Commission
  • No reduction or write-off ordered by the Tribunal; claimant may contact the Commission to pursue debt write‑off