Digest of Benefit Entitlement Principles Chapter 20 - Section 8

20.8.0 Appraisal of write-off denial

Only the Commission has the discretionary power to write off EI overpayments (EI Act 112.1, CUB 69045).

A debtor, therefore, cannot request a reconsideration of the Commission’s decision regarding the refusal to write off an overpayment. The claimant or their representative may, however, request an appraisal of the situation. In such a case, the designated officer to undertake an appraisal will not be the same one who made the decision not to write-off the debtor’s debt. If further complaints arise, the situation may be appraised by an officer at a higher level as designated by the local office manager. Further complaints based on the same grounds would be subject to regional or national appraisal.

It must be remembered that an appraisal of the write-off denial is not a review of the adjudication decision that gave rise to the overpayment. The SST does not have the authority to deal with appeals related to the refusal to write off a claimant’s overpayment. A claimant may appeal this decision with the Federal Court of Canada.

[February 2019]