Digest of Benefit Entitlement Principles Chapter 17 - Section 2

17.2.0 Legislation, scope and authority

Reconsideration and amendment are often treated as the same process; however, they are separate concepts set out under different sections of the EIA with separate rules and applications. Reconsideration is allowed under section 52 of the EIA ; amendment is authorized under section 111 of the EIA .

Section 52 of the EIA gives the Commission authority to reconsider a claim retroactively. This process is called reconsideration meaning, to consider again, especially as regards to a possible change of a decision. Reconsideration addresses issues of entitlement or qualification, may result in an overpayment or underpayment and is restricted by timeframes.

Section 111 of the EIA allows the Commission to amend or rescind its decision, when new facts are presented or when a decision was made without knowledge of, or based on a mistake as to some material fact.

An exception with respect to overpayments falls within section 45 of the EIA and section 46 of the EIA where a return of benefits previously paid is required due to a financial settlement between an employee and employer or employer representative (see section 17.5.0 Return of benefits—EIA 45 and 46).

[ June 2014 ]