Digest of Benefit Entitlement - Chapter 11

11.4.0    A SPECIFIC CONDITION FOR THE MINOR ATTACHMENT CLAIMANT

A minor attachment claimant, namely one who has been employed in insurable employment for fewer than 600 hours in their qualifying period¹, may have a benefit period established and fulfill the two entitlement conditions to sickness benefits without necessarily being allowed to receive such benefits.

The following extract of the Act² provides a specific condition for the minor attachment claimant:

A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason.

This provision obviously does not apply if the minor attachment claimant was not employed when the inability occurred or if the separation from employment does not result from the fact that he or she has become unable to work by reason of illness, injury or quarantine.

However, a minor attachment claimant who, due to his or her inability to work is unable to participate in an employment activity to which he or she has been referred by the authority designated by the Commission, will not be disentitled for that reason. In that case had the claimant not agreed to participate in such an activity, he or she would continue to receive benefits in spite of this provision.

This provision does not affect a minor attachment claimant whose inability prevents the carrying out of activities as a self-employed person or from engaging in the operation of a business on his or her own account or in partnership or a co-adventure. It implies a separation from employment based on an employer-employee relationship that does not exist in such cases.

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1. EIA 6(1); see 1.2.10, "Categories of Claimants";
2. EIA 21(1).