Digest of Benefit Entitlement Principles - Chapter 23

23.3  COMPASSIONATE CARE BENEFITS AS A PART OF SPECIAL BENEFITS

23.3 Compassionate Care Benefits as a Part of Special Benefits
23.3.1 Limits to the Number of Weeks of Special Benefits Payable

23.3  COMPASSIONATE CARE BENEFITS AS A PART OF SPECIAL BENEFITS

Compassionate care benefits, together with those benefits paid because of pregnancy (maternity benefits), to care for a new born or adopted child (parental benefits) or, because of illness, injury, or quarantine (sickness benefits) are known collectively as special benefits and have specific requirements for payment¹ as well as limits to the number of weeks payable.

The maximum number of weeks for which special benefits may be paid has been set by legislation. These parameters are explained in the following section.

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1. see 11.2.0  "First Entitlement Condition:  To Be Unable to Work", see 11.3.0, "Second Entitlement Conditiion:  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 Parental Benefits?"; see 23.1.0, “Authority”; see 23.1.2, “Family Members Who Can Receive Compassionate Care Benefits."

23.3.1 Limits to the Number of Weeks of Special Benefits Payable

Each type of EI special benefits has an individual maximum number of weeks that can be paid in one benefit period¹.  The individual maximums are: 15 weeks for maternity benefits; 35 weeks for parental benefits; 15 weeks for sickness benefits and 6 weeks for compassionate care benefits.

Special benefits may be paid in any combination during a benefit period provided the claimant proves entitlement for each type of benefit. There is no change to the maximum of 50 weeks of benefits payable when regular and special benefits are combined. 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.

A claimant who does not qualify for regular benefits under the EI Act³ but qualifies for special benefits because of the regulatory exception⁴, can only receive special benefits. 

The implementation of the Quebec Parental Insurance Plan (QPIP) on January 1, 2006, has brought among other rules a new principle of equivalence for the purpose of the EI program⁵.

According to a specific regulatory provision⁶, each week of provincial benefits such as QPIP benefits is considered as a week for which benefits are paid under the EI and is taken into consideration in calculating the overall maximum number of weeks of EI maternity or parental benefits to be paid per benefit period and the maximum number of weeks of EI benefits to be paid regarding a birth or an adoption.

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1. EIA (12)3
2. EIA 12(5)
3. EIA 7
4. EIR 93
5. Refer to 3.4 of the Appendix to Chapter 12 ;
6. EIR 76.19 (1); refer to 3.4.3.1 of the Appendix to Chapter 12 .