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Difference between revisions of "Benefit Period of Employment Insurance (8:V)"
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Benefit Period of Employment Insurance (8:V) (view source)
Revision as of 19:24, 8 September 2022
, 19:24, 8 September 2022no edit summary
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:a) retirement payments and retirement leave credits or payments in lieu; | :a) retirement payments and retirement leave credits or payments in lieu; | ||
: | :b) most bonuses and gratuities; | ||
: | :c) wages in lieu of notice; and | ||
: | :d) vacation pay. | ||
See section 35(2) of the ''EI Regulations'' for more detail. Please note that severance pay is normally included in the list above and may be added in after September of 2022. | See section 35(2) of the ''EI Regulations'' for more detail. Please note that severance pay is normally included in the list above and may be added in after September of 2022. | ||
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Section 35(7) exempts certain sources of income from being regarded as earnings. These include: | Section 35(7) exempts certain sources of income from being regarded as earnings. These include: | ||
: | :a) Disability pension or a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments; | ||
: | :b) Payments under a sickness or disability wage-loss indemnity plan that is not a group plan; | ||
: | :c) Relief grants; | ||
: | :d) Retroactive increases in wages or salary. | ||
For more details, see section 35(7) of the ''EI Regulations''. | For more details, see section 35(7) of the ''EI Regulations''. | ||
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The benefit period for regular EI benefits is 52 weeks (''EI Act'', s 10(2)). However, this period can sometimes be extended to more than 52 weeks, The criteria for this are set out in s 10(10) of the ''EI Act''. The benefit period can be extended when a claimant proves that for any week during that benefit period the claimant was not entitled to benefit by reason of: | The benefit period for regular EI benefits is 52 weeks (''EI Act'', s 10(2)). However, this period can sometimes be extended to more than 52 weeks, The criteria for this are set out in s 10(10) of the ''EI Act''. The benefit period can be extended when a claimant proves that for any week during that benefit period the claimant was not entitled to benefit by reason of: | ||
: | :a) receiving earnings paid by reason of the complete severance of the relationship between the claimant and the claimant’s former employer (i.e. “using up” severance pay, vacation pay, etc.); | ||
: | :b) receiving Workers’ Compensation payments for a total disability; or | ||
: | :c) receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have entailed danger to the claimant, the claimant’s unborn child, or a child the claimant is breast-feeding. However, under BC law, BC residents are not entitled to these payments, and this does not apply to them. | ||
The benefit period can be further extended under s 10(11) where a claimant can prove that for any week during the extension period, they were not entitled to benefits, again for any reason stated in s 10(10). | The benefit period can be further extended under s 10(11) where a claimant can prove that for any week during the extension period, they were not entitled to benefits, again for any reason stated in s 10(10). | ||
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# the claimant: | # the claimant: | ||
:: | ::a) asks that the benefit period end; | ||
:: | ::b) makes a new initial claim for benefit; and | ||
:: | ::c) qualifies to receive benefit under this part of the ''EI Act''. | ||
:'''NOTE:''' The way benefit rates are calculated under the ''EI Act'' can make the timing of the decision to end one claim and start a new one crucial. | :'''NOTE:''' The way benefit rates are calculated under the ''EI Act'' can make the timing of the decision to end one claim and start a new one crucial. | ||
