Employment Insurance Regulations - Part I - Unemployment Benefits

Current EI (Main) Regulations

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PART I

UNEMPLOYMENT BENEFITS

Claim for Benefits

26. (1)  Subject to subsection (2), a claim for benefits for a week of unemployment in a benefit period shall be made by a claimant within three weeks after the week for which benefits are claimed.

(2)  Where a claimant has not made a claim for benefits for four or more consecutive weeks, the first claim for benefits after that period for a week of unemployment shall be made within one week after the week for which benefits are claimed.

 26.1 (1)  The definitions in this subsection apply in this section.

"condition of entitlement to benefits" means any requirement, circumstance or condition referred to in subsection 49(1) of the Act.

"period of eligibility" means

(a) in respect of the benefits referred to in subparagraph (2)(c)(i)

(i) the aggregate of the waiting period referred to in section 13 of the Act and the period described in subsection 22(2) of the Act and any extension of this period;

(ii) the aggregate of the period referred to in subsection 23(2) of the Act and the waiting period referred to in section 13 of the Act, unless that waiting period has already been taken into account for the purposes of subparagraph (i); or

(iii) the aggregate of the period referred to in subsection 23.1(4) of the Act and the waiting period referred to in section 13 of the Act, unless the waiting period has already been taken into account for the purposes of subparagraphs (i) or (ii); and

(b) in respect of the benefits referred to in subparagraph (2)(c)(ii), the period during which the claimant attends a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or an apprenticeship program.

     (2)  Notwithstanding section 26, a claimant is not required to make periodic claims for benefits in accordance with that section where;

(a) the claimant makes an initial claim for benefits or a claim in respect of which subsection 26(2) applies;

(b) the claimant's period of eligibility ends after June 26, 1999;

(c) the claimant makes a claim for benefits in respect of every week of unemployment in the claimant's period of eligibility

(i) for a reason referred to in paragraph 12(3)(a), (b) or (d) of the Act, or

(ii) under section 25 of the Act, to attend an apprenticeship course or an apprenticeship program, and

(d) the claimant completes a form, provided by the Commission, stating that

(i) to the best of the claimant's knowledge at the time of completing the form, there are no conditions of entitlement to benefits that will not be fully met for each week in the period of eligibility, except in respect of earnings that may be deducted pursuant to section 19, 22, 23 or 23.1 of the Act during that period,

(ii) the claimant will notify the Commission of the condition as soon as possible if the claimant ceases to meet a condition of entitlement to benefits at any time during the period of eligibility and failure to meet that condition has the effect of reducing or eliminating any benefits for any week in the period of eligibility, or if the claimant has earnings referred to in sub-paragraph (i) in respect of that period, and

(iii) the claimant will notify the Commission at the end of the period of eligibility whether or not they have met the conditions of entitlement to benefits for each week in the period of eligibility and whether or not they have declared all earnings that could be deducted pursuant to section 19, 22, 23 or 23.1 of the Act during that period.

 (3)  If the Commission becomes aware that the claimant does not meet a condition of entitlement to benefits during the claimant's period of eligibility, this section shall cease to apply in respect of the claimant's claim for benefits as of the date on which the Commission becomes aware of the claimant's failure to meet the condition.

SOR/99-241, s. 1; SOR/2003-393, s. 2. 

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