Special Benefits

Questions to Answer
Note: Compassionate care benefits became payable effective January 04, 2004. Unemployed due to: illness, injury, quarantine? pregnancy? need to care for a new-born or child placed for adoption the serious medical condition of a family member who has a significant risk of death within 26 weeks? Applied for special benefits? Qualified for special benefits?
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. Maternity: 15 weeks subsections 12(3),12(4) Sickness: 15 weeks subsection 12(3) Parental: 35 weeks for child care as result of single pregnancy or placement subsections 12(4), 12(7) Compassionate Care: - 6 weeks - paragraph 12(3)(d) andsubsection 12(4.1) Special benefits combined: 65 weeks when maternity, parental and illness benefits are combined (subsection 12(5)). 56 weeks when parental, illness and compassionate care are combined, or 56 weeks when maternity parental and compassionate care benefits are combined - paragraph 12(5)(b). 71 weeks when maternity, parental, illness and compassionate care benefits are combined - paragraph 12(5)(c).
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.