Special Benefits
Questions to Answer |
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Note: Compassionate care benefits became payable effective January 04, 2004.
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References |
All special benefits: Act: section 12; related subsection 6(1), section 13. Sickness: Act and Regulations applying to all special benefits, plus: Act: paragraph 18(b), section 21 Regulations: section 40 Maternity: Act and Regulations applying to all special benefits, plus: Act: section 22 Regulations: section 41; related subsection 40(5) Parental: Act and Regulations applying to all special benefit, plus: Act: section 23 Compassionate Care: Act and Regulations applying to all special benefits, plus: Act: section 23.1 Regulations: sections 41.1, 41.111, 41.2 and 41.3 |
Legal test |
major attachment (600 hours) required for: maternity, parental, compassionate care. Also, sickness if stopped working due to incapacity. Paragraph 18(b), sections 21, 22, 23, 23.1 of the Act proof required for all special benefits: paragraph 18(b), sections 21, 22, 23, 23.1 of the Act. Regulations sections 40, 41, 41.1, 41.2, 41.3 maximums payable: section 12 of the Act.
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Onus of proof |
Claimant must prove entitlement to special benefits |
Key Case Law |
LESIUK A-281-01(leave to appeal dismissed by Supreme Court [29642]) sections 6 and 7 of the Act do not contravene the Charter of Rights. MILLER A-137-01, SOLLBACH A-197-98: Statutory maximum of special benefits does not contravene section 15 of the Canadian Charter of Rights and Freedoms. BROWN A-435-00: Statutory maximum of special benefits is not discriminatory under the Canadian Human Rights Act VASILIADIS A-499-01: Two week waiting period applies to all benefits unless specifically excluded by some other provision of the Act. PANNU A-147-03: Minimum number of insured hours must be accumulated in the qualifying period to be entitled. |
1 Regulation 41.11 broadens the definition of a family member and came into effect on June 11, 2006.