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Employment Insurance Act

Version of section 52 from 2003-01-01 to 2013-03-31:


Marginal note:Reconsideration of claim

  •  (1) Notwithstanding section 120, but subject to subsection (5), the Commission may reconsider a claim for benefits within 36 months after the benefits have been paid or would have been payable.

  • Marginal note:Decision

    (2) If the Commission decides that a person

    • (a) has received money by way of benefits for which the person was not qualified or to which the person was not entitled, or

    • (b) has not received money for which the person was qualified and to which the person was entitled,

    the Commission shall calculate the amount of the money and notify the claimant of its decision and the decision is subject to appeal under section 114.

  • Marginal note:Amount repayable

    (3) If the Commission decides that a person has received money by way of benefits for which the person was not qualified or to which the person was not entitled,

    • (a) the amount calculated is repayable under section 43; and

    • (b) the day that the Commission notifies the person of the amount is, for the purposes of subsection 47(3), the day on which the liability arises.

  • Marginal note:Amount payable

    (4) If the Commission decides that a person was qualified and entitled to receive money by way of benefits, and the money was not paid, the amount calculated is payable to the claimant.

  • Marginal note:Extended time to reconsider claim

    (5) If, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with a claim, the Commission has 72 months within which to reconsider the claim.

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