Questão jurídica principal
Whether the objection against the subsidy refusal was filed within time after service of the decision.
Decisão extraída
The objection was timely because the administration could not prove earlier service of the non-registered decision; the claimant’s version was accepted.
Fundamentação extraída
For ordinary mail, the authority bears the burden of proving delivery. If delivery or its date is disputed and no proof exists, the addressee’s account prevails. The copied decision sent on 17 November 2016 could therefore only have been received at the earliest on 18 November 2016, and the objection filed on 16 December 2016 was still within the statutory time limit taking into account the suspension period.