The issues at the hearing were whether the respondent was entitled to a repayment for an overpayment of IRBs and whether the claimant was barred from pursuing IRBs pursuant to s. 31(1)(a)(ii) of the SABS. TD had the burden of proving that it was not liable to pay IRBs to the claimant because she was driving without a licence at the time of the accident. The adjudicator found that the IRB termination/repayment letter met the requirements of s. 52(2) and s. 52(3) of the SABS. The insurer was entitled to repayment of the full amount of the IRB, plus interest. The adjudicator found that 31(1)(a)(ii) of the SABS does not bar insured persons from applying for benefits. That section relates to insurers not being required to pay IRBs if an insured person was driving without a valid driver’s licence at the time of the accident, but it does not prevent insured persons from applying for IRBs. The adjudicator found that the claimant could not be barred from pursuing an IRB.
