RH v Canada Employment Insurance Commission

RH v Canada Employment Insurance Commission

The Commission validly calculated a $2,000 overpayment for four weeks of EI-ERB, acted within the statutory reconsideration period, and the claimant is legally liable to repay; the Tribunal lacks authority to waive the debt, so the appeal is dismissed.

Source-derived case information.

Citation
2022 SST 478
Parties
Appellant: R. H.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 April 2022
Procedural Posture
Employment Insurance Appeal / Decision at Social Security Tribunal General Division
Outcome
Appeal dismissed
Legal Topics
Overpayment, Repayment Liability, Reconsideration Time Limit, EI ERB Advance Payment, Tribunal Jurisdiction
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Overpayment Repayment Liability Reconsideration Time Limit EI ERB Advance Payment Tribunal Jurisdiction

Source-derived case record

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Parties

R. H.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Decision at Social Security Tribunal General Division

Legal Issues

  1. 1 Does the Commission have the authority to calculate an overpayment of the EI-ERB?
  2. 2 Did the Commission review the EI-ERB claims within the required time limit?
  3. 3 Is the Claimant required to repay the overpayment of EI benefits?

Ratio Decidendi

The Commission validly calculated a $2,000 overpayment for four weeks of EI-ERB, acted within the statutory reconsideration period, and the claimant is legally liable to repay; the Tribunal lacks authority to waive the debt, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Claimant is liable to repay a $2,000 overpayment of the EI-ERB.