Judgment No. 4560
Decision
The complaint is dismissed.
Summary
The complainant contests the decisions (i) to recover the amounts paid to him for Long-Term Care insurance benefits in respect of his ex-wife and (ii) to demand the immediate repayment of the outstanding balance of a home loan he took out from the EPO in 2006.
Judgment keywords
Keywords
confirmatory decision; recovery of overpayment; late appeal; complaint dismissed
Consideration 6
Extract:
It was in the [August] letter that the Director, HR Operations, informed the complainant of the decision that he should repay the outstanding balance on his home loan. The [December] letter, which the complainant contested by way of request for review […], merely confirmed that decision. It was not a new decision on the matter and, therefore, did not trigger a new time limit within which the complainant was required to submit a request for review, pursuant to Article 109(2) of the Service Regulations (see Judgment 4116, considerations 4 and 5). As he did not submit his request for the review of the [August] decision that required him to repay the outstanding balance on his home loan within the time limit stipulated in Article 109(2) of the Service Regulations, he failed to exhaust the internal means of redress that were available to him. His complaint is therefore also irreceivable, pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, to the extent that he seeks to contest the decision to repay his home loan.
Reference(s)
Jugement(s) TAOIT: 4116
Keywords
confirmatory decision; late appeal; internal remedies not exhausted
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