Reconsideration of Claim and Liability for Overpayment
I. The Legislation
The Commission may reconsider any claim for benefits within thirty-six (36) months from the date that benefits were, or should have been paid.
Subsection 52(1) Employment Insurance Act Employment Insurance Act
If the Commission decides that a claimant has received benefits to which he or she was not entitled, or has not received benefits to which the claimant was entitled, the Commission will calculate the amount and notify the claimant of its decision.
Subsection 52(2) Employment Insurance Act Employment Insurance Act
Where the Commission determines that a claimant has received benefits to which he or she is not entitled, the claimant is liable to repay the amount of benefits wrongly paid. Liability for repayment arises on the date that the Commission notifies the claimant of the amount of the overpayment.
Section 43 Employment Insurance Act
Employment Insurance ActSection 44 Employment Insurance Act
Employment Insurance ActSubsection 52(3) Employment Insurance Act Employment Insurance Act
An overpayment of benefits is a debt due to Her Majesty and is recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided by the Employment Insurance Act.
Subsection 47(1) Employment Insurance Act Employment Insurance Act
An overpayment may be recovered by withholding amounts from subsequent benefits which are payable to a claimant.
Subsection 47(2) Employment Insurance Act Employment Insurance Act
Where the Commission is of the opinion that a claimant has made a false and misleading statement in relation to his or her claim for benefits, the time limit of thirty-six (36) months for reconsideration is extended to seventy-two (72) months.
Subsection 52(5) Employment Insurance Act Employment Insurance Act
Once a claimant has been notified of an overpayment of benefits, the Commission has seventy-two (72) months to recover the amount.
Subsection 47(3) Employment Insurance Act Employment Insurance Act
Any decision made by the Commission under these legislative provisions is subject to an appeal to the Board of Referees.
Subsection 52(2) Employment Insurance Act Employment Insurance Act
The Commission has the authority to write off the amount of an overpayment where certain conditions exist.
Subsection 56(2) Employment Insurance Regulations Employment Insurance Regulations