IN THE MATTER of the Employment Insurance Act
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IN THE MATTER of a claim for benefits by
CYNTHIA RENNICK
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IN THE MATTER of an appeal by the Claimant to an Umpire
from a decision by the Board of Referees given at
Edmonton, Alberta, on January 5, 1998.
D E C I S I O N
Heard at Edmonton, Alberta, on August 11th, 1998.
THE HONOURABLE W.J. HADDAD, Q.C., UMPIRE:
Claimant filed this appeal. A Board of Referees affirmed a ruling of the Canada Employment Insurance Commission regarding claimant's undeclared earnings.
Claimant declared earnings of $4, 834 for the period of employment covered by April 9, 1997 to June 14, 1997, when in fact she earned $5, 329.13. Her undeclared earnings amounted to $495.
An initial claim for benefits was established for the claimant effective February 23, 1997. It was thereafter that an investigation revealed that during the benefit period the claimant was employed. The Board upheld the Commission's contention claimant was paid $433.00 over and above the benefits she should have received.
The Commission made a demand for repayment of the overpaid benefits and the claimant contends that she is being asked to return money she did not receive. That contention is without merit.
The effect of the Employment Insurance Act, section 19(3)(1) is to empower the Commission to recover benefits overpaid because of earnings which were undeclared.
The Board of Referees delivered a clear and comprehensive decision dealing with the evidence and the application of section 19(3)(a)(ii) and I simply adopt the Board's reasoning to avoid needless repetition.
The Board did not err in the decision it reached. Indeed, I am in complete accord therewith.
The appeal is dismissed.
W.J. Haddad, Q.C.
Umpire
Dated at Edmonton, Alberta,
September 15th, 1998.