Questão jurídica principal
Whether the conditions for waiver of repayment of undue disability pension benefits were met, in particular good faith.
Decisão extraída
No. The insured could and should have noticed that the later payment decision contradicted the earlier pension-suppression decision; this constituted gross negligence and excluded good faith.
Fundamentação extraída
The claimant had ceased to be entitled to a three-quarter pension after the 23 January 2009 suppression decision. The 17 November 2009 decision, which still granted benefits retroactively and prospectively, was obviously inconsistent. Continued receipt of the pension without inquiry over years made reliance on good faith impossible.