Digest of Benefit Entitlement - Chapter 11
CHAPTER 11
SICKNESS BENEFITS
11.5.0 PROVISIONS REGARDING PAYMENT OF SICKNESS BENEFITS
11.5.1 Limits to the Number of Weeks of Benefit Payable
11.5.0 PROVISIONS REGARDING PAYMENT OF SICKNESS BENEFITS
There is no guarantee that once the entitlement conditions1 for sickness benefits are met; they will be paid for an unlimited period of time as long as the claimant is unable to work. The following sections will show that, although such benefits may certainly be paid at all times during the benefit period, there are also limits to the number of weeks of benefit so payable.
There are other provisions in the Act that may have an effect on the payment of sickness benefits2.
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- see 11.2.0, "First Entitlement Condition: To Be Unable To Work" to 11.4.0, "A Specific Condition for the Minor Attachment Claimant";
- see 11.6.0, "Sickness Benefits With Respect to Other Provisions of the Act."
11.5.1 Limits to the Number of Weeks of Benefit Payable
A person who qualifies for sickness benefits1 is entitled to be paid such benefits at any time during the benefit period. This does not necessarily mean that he or she will receive them during an unlimited number of weeks for the full duration of the benefit period. In this respect, the Act has placed specific limits on the payment of sickness benefits.
A first limit is defined in the following passage2:
. . . the maximum number of weeks for which benefits may be paid in a benefit period
. . . (c) because of a prescribed illness, injury or quarantine is 15.
However, this limit of fifteen weeks is not a maximum that is guaranteed in all cases even if a person proves that he or she is unable to work for a longer period of time.
[October 2006 ]
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- see 11.2.0, "First Entitlement Condition: To Be Unable To Work" to 11.4.0, "A Specific Condition For the Minor Attachment Claimant";
- EIA 12(3);
11.5.2 Sickness Benefits as a Part of Special Benefits
Under the EI program, sickness benefits, together with maternity benefits (because of pregnancy), parental benefits (to care for a new born or a child placed for the purpose of adoption), and compassionate care benefits (to care for a gravely ill family member with a significant risk of death within 26 weeks) are known collectively as special benefits and have specific requirements for payment1 as well as limits to the number of weeks payable.
A major attached claimant may be paid special benefits at any time in the benefit period. To ensure consistency and stability in the payment of special benefits, entitlement is not limited by the unemployment rate, rather the maximum number of weeks for which special benefits may be paid has been set by legislation2. These parameters are explained in the following section.
[October 2006 ]
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- see 11.2.0, "First Entitlement Condition: To Be Unable to Work"; see 11.3.0, "Second Entitlement Condition: To Be Otherwise Available for Work"; see 12.1.1, "Authority"; see 12.1.2, "Who Can Receive Maternity Benefits"; see 13.1.1, "Authority"; see 13.1.2, "Who Can Receive Compassionate Care Benefits
11.5.3 Limits to the Number of Weeks of Special Benefits Payable
Under the EI program, each type of special benefits has an individual maximum number of weeks payable per benefit period Individual maximums are1: for sickness benefits 15 weeks, for maternity benefits 15 weeks; for parental benefits 35 weeks; and for compassionate care benefits 6 weeks.
Special benefits may be paid in any combination during a benefit period provided the claimant proves entitlement for each type of benefit. The maximum number of weeks of benefits payable when regular and special benefits are combined is 50 weeks. The maximum special benefits payable in a benefit period when regular benefits were not paid are2:
- 65 weeks when maternity, parental and illness benefits are combined;
- 56 weeks when parental, illness and compassionate care benefits are combined;
- 56 weeks when maternity, parental and compassionate care benefits are combined;
- 71 weeks when maternity, parental, illness and compassionate care benefits are combined.
An EI major attachment claimant who is entitled to special benefits under the exception provided for in the Regulations3 can receive only special benefits.
[October 2006 ]
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