2018-��AT-823

��AT Held or ��DT Pronouncements

��AT held that ��DT��s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the ��DT, which was clearly outside the time limit. ��AT agreed with ��DT that the Appellant��s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions: 1) to recover overpayments made in connection with the Applicant��s failure to report a change in his wife��s dependency status, and 2) to deny his request for retroactive dependent child benefits. ��DT dismissed the application as non-receivable.

Legal Principle(s)

A request for mediation assistance to the Ombudsman��s Office cannot extend the time limit for seeking management evaluation when the 60-day statutory time limit already lapsed.

Outcome

Appeal dismissed on merits

Outcome Extra Text

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ngoga

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Tribunal

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Date of Judgement