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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 22:46, 7 August 2016
, 22:46, 7 August 2016→D. Income That Is Not Treated As Earnings
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== D. Income That Is Not Treated As Earnings == | == D. Income That Is Not Treated As Earnings == | ||
Section 35(7) exempts certain sources of income from being regarded as earnings. Recent cases suggest that in certain circumstances some earnings '''may not delay''' the start of an EI claim. In ''Attorney General of Canada v Doreen Myers'', 2006 FCA57 the court found that the claimant’s vacation pay did not delay the start of a claim because it was not a payment made by reason of a separation, thus allowing benefits to be received earlier, and possibly at a higher rate. | Section 35(7) exempts certain sources of income from being regarded as earnings. | ||
Recent cases suggest that in certain circumstances some earnings '''may not delay''' the start of an EI claim. In ''Attorney General of Canada v Doreen Myers'', 2006 FCA57 the court found that the claimant’s vacation pay did not delay the start of a claim because it was not a payment made by reason of a separation, thus allowing benefits to be received earlier, and possibly at a higher rate. | |||
The case of ''Attorney General of Canada v Alexander Hamilton'', 2007 FCA 104 suggests that a money payment that is made in order to compensate an employee for not pursing remedies for wrongful dismissal is not earnings and will therefore not delay the start of benefits. | The case of ''Attorney General of Canada v Alexander Hamilton'', 2007 FCA 104 suggests that a money payment that is made in order to compensate an employee for not pursing remedies for wrongful dismissal is not earnings and will therefore not delay the start of benefits. | ||
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*b) permanent settlement Workers’ Compensation payments. | *b) permanent settlement Workers’ Compensation payments. | ||
'''NOTE:''' A retirement pension will not delay the start of a claim. However, it does constitute earnings, and will reduce the benefits payable until the pensioner has worked long enough to re-qualify for EI '''after''' the pension commences. From that point on, it is not regarded as income. | '''NOTE:''' A retirement pension will not delay the start of a claim. However, it does constitute earnings, and will reduce the benefits payable until the pensioner has worked long enough to re-qualify for EI '''after''' the pension commences. From that point on, it is not regarded as income. | ||
== E. The Waiting Period == | == E. The Waiting Period == | ||
