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Motion to remove repayment issue from hearing dismissed; proper procedure is a request for reconsideration.
The applicant brought a motion to remove an issue regarding the repayment of $7,910.00 in non-earner benefits from the hearing, arguing it should be the subject of a separate application by the respondent.
The Tribunal dismissed the motion, finding it lacked jurisdiction to set aside a Case Conference Order on a motion, and noted the proper procedure was a request for reconsideration.
However, to ensure procedural fairness, the Tribunal ordered the respondent to provide particulars regarding the limitation period and any allegations of fraud or wilful misrepresentation.
