Special Benefits / Compassionate Care

Questions to Answer
Note: Compassionate care benefits became payable effective January 04, 2004. major attached? medical proof that the ill family member needs care or support and is at risk of dying within 26 weeks and requires care and support from one or more other family members? within the compassionate care window? regular benefits already paid? weeks of compassionate care benefit remaining?
References
Act: sections 12, 23.1, related: 6(1) Regulations: sections 41.1, 41.11¹, 41.2, 41.3
Legal test
major attachment (600 hours): subsections 6(1), 23.1(2) of the Act medical proof: paragraphs 23.1(2)(a) and 23.1(3) of the Act, section 41.2 of the Regulations compassionate care window: paragraphs 23.1(4) and 23.1(6) of the Act maximum weeks payable (6 weeks): paragraph 12(3)(d) and subsection 12.(4.1) of the Act
Onus of proof
Claimant must prove entitlement to compassionate care benefits: subsection 23.1(2) of the Act.
Key Case Law
FORTIN CUB 62054: The definition of a family member, as set out in subsection 23.1(1) of the EI Act, cannot be ignored.

¹ Regulation 41.11 broadens the definition of a family member and came into effect on June 11, 2006.