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Difference between revisions of "Employment Insurance Benefit Entitlement (8:VII)"

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The effect of a s 30 disqualification is a cut-off of all regular benefits in a benefit period.  Such a disqualification is imposed if the claimant has lost any job in the qualifying period for the reasons set out in s 30, even if the claimant had other work before applying for EI (s 30(5) and (6)).  Only if the claimant has worked enough hours since the disqualifying loss of employment to meet the hourly requirements to establish a claim will the disqualification not be imposed.  For example, if a worker is employed in a job for five years, and gets fired for misconduct, the worker would be totally disqualified under s 30 from all regular benefits.  If the worker subsequently finds a second job, and gets laid off from that second job after 10 weeks, the total insurable employment would be calculated as the number of hours worked during those 10 weeks after the earlier s 30 disqualification.  The worker’s previous five years of insurable employment would not count unless the worker had enough hours in the 10-week period to qualify under the s.7 table.  In that case, the previous hours would count toward the number of weeks of payable benefits.
The effect of a s 30 disqualification is a cut-off of all regular benefits in a benefit period.  Such a disqualification is imposed if the claimant has lost any job in the qualifying period for the reasons set out in s 30, even if the claimant had other work before applying for EI (s 30(5) and (6)).  Only if the claimant has worked enough hours since the disqualifying loss of employment to meet the hourly requirements to establish a claim will the disqualification not be imposed.  For example, if a worker is employed in a job for five years, and gets fired for misconduct, the worker would be totally disqualified under s 30 from all regular benefits.  If the worker subsequently finds a second job, and gets laid off from that second job after 10 weeks, the total insurable employment would be calculated as the number of hours worked during those 10 weeks after the earlier s 30 disqualification.  The worker’s previous five years of insurable employment would not count unless the worker had enough hours in the 10-week period to qualify under the s.7 table.  In that case, the previous hours would count toward the number of weeks of payable benefits.


A disqualification under section 30(1) of the ''EI Act'' is suspended for any week the claimant qualifies for special benefits.  In other words, the claimant will disqualified from receiving regular benefits if they leave their employment without just cause or lose their job due to their own misconduct, but the disqualification will not prevent the claimant from collecting special benefits to which they are entitled.  
A disqualification under section 30(1) of the ''EI Act'' is suspended for any week the claimant qualifies for special benefits.  In other words, the claimant will be disqualified from receiving regular benefits if they leave their employment without just cause or lose their job due to their own misconduct, but the disqualification will not prevent the claimant from collecting special benefits to which they are entitled.  


Please note that the above section, disqualification, is temporarily changed until September of 2022. Please see the CRA website for the most up to date version of the rules. The temporary changes are the following: What is important is the reason of separation for the last severance.
Please note that the above section, disqualification, is temporarily changed until September of 2022. Please see the CRA website for the most up to date version of the rules. The temporary changes are the following: What is important is the reason of separation for the last severance.
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