Digest of Benefit Entitlement Principles - Chapter 1
BASIC CONCEPTS
1.4.0 BENEFIT PERIOD STRUCTURE
1.4.1 Commencement
1.4.2 Number of Weeks of Benefit
1.4.3 Termination
1.4.4 Early Termination
1.4.5 Cancellation
1.4.0 BENEFIT PERIOD STRUCTURE
Generally, a benefit period will have a duration of 52 weeks1. However, as explained in the following headings, this duration could vary2.
It is also to be noted that two benefit periods may not exist at the same time for the same person. A benefit period will be established only if the previous benefit period, if there is one, has terminated3. Sometimes it is possible to terminate an established benefit period upon request4 or cancel it5.
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- EIA 10(2);
- see 1.4.1, "Commencement" to 1.4.5, "Cancellation";
- EIA 10(3);
- EIA 10(8)(d); EIA 10(9);
- EIA 10(6) and EIA 10(7); see 1.4.5, "Cancellation."
The benefit period begins on the Sunday of the week in which the interruption of earnings occurs, or on the Sunday of the week in which the initial claim for benefit is made, whichever is the later1.
However, in practice, if a claimant has had insurable employment during that week and those hours are necessary for establishing the benefit period, commencement is deferred to the following Sunday2. This also applies for a claimant, who does not qualify for benefits only by reason of being a minor attachment claimant, provided that the additional hours suffice to bring the claimant into the major attachment category3. This eliminates unnecessary steps by both the Commission and the claimant who would otherwise have had to file a new claim in the following week.
Once established, the benefit period commencement date may not be readjusted at will afterward4. Readjustment was not allowed even where the claimant alleged that the initial claim would have been filed later had the correct information been provided by Commission staff5. Of course, a request to antedate the initial claim to an earlier date could result in a change of this commencement date6.
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- EIA 2(1); EIR 14;
- EIA 10(1); Jurisprudence Index/basic concepts/benefit periods/commencement date/;
- see 1.2.10, "Categories of Claimants";
- Jurisprudence Index/basic concepts/benefit periods/commencement date/;
- Jurisprudence Index/basic concepts/benefit periods/commencement date/;
- EIA 10(4).
1.4.2 Number of Weeks of Benefit
It must be remembered throughout this section that the issue is regular benefits. Benefits other than regular, such as sickness, maternity, parental or compassionate care benefits are subject to their own specific legislative provisions. It is the same for fishing benefits and those related to developmental programs. These types of benefits1 will be covered in their own specific chapters.
In a benefit period, benefits may be payable2 for every week of unemployment3 that follows the waiting period4. The maximum number of weeks for which benefits may be paid in a benefit period is determined at the beginning of this period and is dependent on two factors. They are: the number of hours of insurable employment held by the claimant in his or her qualifying period and, the regional rate of unemployment that is applicable to the claimant5 in the week when the benefit period commences. This maximum number varies from 14 to 45. For example, when the applicable regional rate of unemployment is 6%, and a claimant has accumulated 700 hours of insurable employment in the qualifying period, then a maximum of 14 weeks of benefits may be payable. Whereas another, who had 1330 hours of insurable employment and the applicable rate of unemployment is greater than 16%, could receive up to 45 weeks of benefits. The Table of Weeks of Benefit in the Act6 clearly shows these two factors and the various maximum of weeks of benefit which could be paid.
It is not necessary that the weeks of benefit are consecutive; as long as benefits have not been exhausted, they may be paid at any time during the benefit period. The amount of benefits paid in a given week is irrelevant. Any week for which $1 or more has been paid or is deemed to have been paid counts as a week of benefit paid7.
The Regulations provide that under certain circumstances a claimant who resides out of Canada is not disentitled from benefits for the sole reason of that residence. However, the number of weeks of benefit which may be paid in these circumstances are subject to different rules, which are described below.
A claimant, permanently or temporarily residing in a state of the United States that is contiguous to Canada, who is available for work in Canada and is able to report in person at a Human Resources and Social Development Canada (HRSDC) office in Canada when directed, is not disentitled from benefit for the sole reason of residing outside of Canada8. It is the same for the person who resides temporarily or permanently in the District of Columbia, in any of the United States, the Virgin Islands, and Puerto Rico, on the condition that HRSDC has not suspended, for the place involved, the Agreement between Canada and the United States respecting Unemployment Insurance, as modified June 21, 1985 and, that this person proves his or her entitlement to benefit under this agreement9. In such a case, the maximum number of weeks of benefit that may be paid in a benefit period is dependent on the number of hours of insurable employment accumulated in the qualifying period. For example, a claimant who has 420 hours of insurable employment in the qualifying period could receive a maximum of 10 weeks of benefits, while a maximum of 36 weeks of benefits could be paid to another who had accumulated 1820 hours of insurable employment in the qualifying period. The Table incorporated in the Regulations shows the various maximum weeks of benefit which could be paid, depending on the number of hours of insurable employment that were accumulated in a qualifying period10.
A claimant residing outside of Canada under one of the situations described above, and for whom a benefit period was established, could subsequently reside in Canada. That claimant could continue to receive benefits for, at most, the maximum number of weeks as provided in the Table that is discussed above11. The opposite may also occur a claimant who had established a benefit period in Canada could subsequently reside outside of Canada, under those circumstances described earlier. The maximum number of weeks for which benefits may be paid to that claimant during the benefit period is the higher number of the following: the number of weeks for which benefits have already been received in Canada, or, the number he or she otherwise would have been entitled under the previously discussed Table12 if, he or she had permanently or temporarily resided outside of Canada in one of those locations described in the precedent paragraph, when the benefit period was established13.
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- see 1.1.5, "Types of Benefits";
- EIA 9; EIA 1;
- see Chapter 4 "Week of Unemployment";
- EIA 13; see 1.8.0, "Waiting Period";
- EIA 12(2);
- EIA 12(2), Schedule I;
- see 1.9.6, "Benefit Paid Defined";
- EIR 55(6)(a);
- EIR 55(6)(b);
- EIR 55(7)(b), as well as its accompanying Table of hours required and benefit payable;
- EIR 55(8);
- EIR 55(6)(a);
- EIR 55(9).
As discussed earlier, the maximum number of weeks of regular benefit that may be paid in a benefit period will vary from 14 to 451. The length of the benefit period itself is 52 weeks2, which includes the waiting period3 for which no benefits are payable.
Unless the benefit period could be extended, which is discussed later4; it is during this 52 weeks period that a claimant could receive the maximum number of weeks of benefit to which he or she is entitled. No entitlement exists once these 52 weeks have elapsed5, even if the claimant has not received the maximum number of weeks payable.
A benefit period would normally terminate immediately after the claimant has received the number of weeks of regular benefits to which he or she is entitled. However, where the claimant has received all the regular benefits to which he or she is entitled before the 52 weeks have elapsed, for example after 19 weeks, the benefit period will not be terminated immediately, as special benefits may become payable to the claimant6. In such a case where special benefits are claimed after payment of all regular benefits, the benefit period will terminate at the earlier of the following eventualities: when both regular and special benefits have been paid to a maximum of 50 weeks or, when the 52 weeks of the benefit period have elapsed7.
Once the benefit period has terminated, it is up to the claimant to demonstrate that he or she meets the conditions required to establish a new benefit period.
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- see 1.4.2, "Number of Weeks of Benefit"; EIA 12(2), Schedule I; EIA 10(8)(c);
- EIA 10(2);
- EIA 13;
- see 1.5.0, "Extension of Benefit Period" to 1.5.7, "Allocation of Monies";
- EIA 10(8)(a); Jurisprudence Index/basic concepts/benefit periods/duration/;
- EIA 12(6);
- EIA 10(8).
A claimant may request early termination of the benefit period for the purpose of establishing a new one immediately. This course of action may be advantageous when, for example the benefit rate could become higher or the claimant could become a major attachment1. HRSDC must inform the claimant of the advantages and disadvantages related to such a termination, and also of the consequences of this decision, so that an informed decision can be made. HRSDC must not decide for the claimant nor influence his or her decision. This decision must be taken by the claimant and is final even though it may later prove to be a disadvantage2. What may be advantageous at one point in time could very well be different in the future3.
Where the claimant requests an early termination of the benefit period, the request will be granted provided that the claimant makes a new initial claim and fulfills the conditions to establish a new benefit period4. In such case, the benefit period is terminated on the Saturday preceding the commencement of the new benefit period5. If no benefits were paid or payable during that period which was terminated, then the benefit period may be cancelled6.
The claimant's request to terminate an established benefit period is to be considered as having been made at an earlier date if the claimant shows that good cause existed for his or her delay in making that request. Good cause must exist throughout the elapsed period between that earlier date and the date the request was made. It is irrelevant whether the said benefit period has terminated or not7. Furthermore, it is irrelevant whether benefits have been paid after the effective date of the early termination. In such a case, there will be an adjustment in the payment of benefits. As well, because that portion of the benefit period which precedes the effective date of the early termination will become a terminated benefit period, it may be cancelled if no benefits were paid or payable during that period8. It is possible to retroactively terminate an established benefit period.
In order to determine whether the claimant's reasons for the delay constitute good cause, the principles concerning antedating, as found in chapter 3, are to be followed. Jurisprudence has held that good cause is simply doing what a reasonable person would do to satisfy themselves as to their rights and obligations under the Act9.
Any week of disqualification, in the case of a definite disqualification, which had not been served when the benefit period terminated will be carried forward to the new benefit period if it is established within the two years following the date on which the original disqualifying event occurred10. No week of disqualification will be carried forward to a subsequent benefit period if the claimant, since the date of this event, held 700 hours of insurable employment11. Furthermore, for weeks which special benefits12 are payable, the disqualification will be deferred13. Further details on the effects of a disqualification are found at 1.6.2.
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- see 1.2.10, "Categories of Claimants";
- M. Lapointe (CUB 61641);
- Jurisprudence Index/basic concepts/benefit periods/cancellation/;
- EIA 10(8)(d);
- EIA 10(3);
- EIA 10(6)(a);
- EIA 10(9);
- EIA 10(6)(a);
- W. Albrecht (A-172-85, CUB 10026); Jurisprudence Index/antedate/ignorance of the law/duty to enquire/;
- EIA 28(3);
- EIA 28(4);
- see 1.1.5, "Types of Benefits";
- EIA 28(5).
When a benefit period or a portion of a benefit period is cancelled, it is as if it had not existed1. Often, this is to the claimant's advantage, for example in providing a longer qualifying period2 or in selecting a more advantageous commencement date for a new benefit period.
The Commission may cancel a benefit period that has terminated provided that no benefit was paid or was payable3.
At the request of the claimant, the Commission may also cancel a portion of a benefit period which precedes the first week for which benefits had been paid or payable provided the following two conditions are met, the claimant establishes a new benefit period commencing the first week for which benefits were paid or payable and, the claimant shows good cause for the delay in making the request throughout the period commencing on the day when benefit was first paid or payable and ending on the day when the request for cancellation was made. It is irrelevant whether the benefit period for which cancellation is requested has terminated or not4.
The Commission must inform the claimant of the advantages as well as disadvantages related to such a cancellation. Nevertheless, this must be treated in the same manner as requests for early termination5, that is, the claimant must not be influenced and it is the claimant who must decide what action to take.
It may happen that benefits were paid during a benefit period although they were not payable and now the overpayment must be reimbursed. In such a case where cancellation of that benefit period has been requested, it may be granted. In one case where the benefits were payable but had not been received, it had been decided that the cancellation could be granted6. In view of this judgment as well as the interpretation that may be given to the legislative text7, the Commission will acquiesce to a request for cancellation by a claimant who finds him or herself in such a situation.
The expression "benefits paid" also includes some situations where the claimant had in fact not received anything for example, when a disqualification was being served8. There are, however, exceptions when the serving of one or more weeks of disqualification will not prevent the cancellation of a claim; an example of this could occur where the cancellation would permit a minor attachment claimant to become a major attachment claimant who is entitled to sickness, maternity, parental or compassionate care benefits9.
In the context of the implementation of the Quebec Parental Insurance Plan on January 1, 2006, a new principle of equivalence has been established that extends to benefits paid under a provincial plan a recognition that is similar to maternity or parental benefits paid under the EI program, applies to any future claim for EI benefits.
However, the cancellation of a benefit period is not part of the nine situations retained for this principle of equivalence. Consequently, the benefits paid under such a provincial plan are not considered in the present context as equivalent to benefits paid under EI.
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- EIA 10(7);
- see 1.2.1, "Qualifying Period";
- EIA 10(6)(a);
- EIA 10(6)(b);
- see 1.4.4, "Early Termination";
- Jurisprudence Index/basic concepts/benefit periods/cancellation/;
- EIA 10(6);
- benefits deemed to have been paid: see 1.9.6, "Benefit Paid Defined"; there is one exception as far as weeks of disqualification are concerned: see 1.4.4, "Early Termination";
- EIA 28(7);
- Refer to 3.4 of the Appendix to Chapter 12.
