Difference between revisions of "Benefit Period of Employment Insurance (8:V)"

== D. Income That Is Not Treated as Earnings ==

Section 35(7) of the ''EI Regulations'' exempts certain sources of income from being regarded as earnings. These include:

* disability pension or a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments;

* payments under a sickness or disability wage-loss indemnity plan that is not a group plan;

* relief grants in cash or in kind;

* retroactive increases in wages or salary;

For more details, see section 35(7) of the ''EI Regulations''.

Cases suggest that in certain circumstances some earnings may not delay the start of an EI claim. In [https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html?autocompleteStr=Attorney%20General%20of%20Canada%20v%20Bielich%2C%202005%20FCA%20363&autocompletePos=1 ''Attorney General of Canada v Bielich'', 2005 FCA 363], the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.

:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).

== E. The Waiting Period ==