Employment Insurance Benefit Entitlement (8:VII): Difference between revisions
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Employment Insurance Benefit Entitlement (8:VII) (view source)
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Persons attending full-time courses not approved by the Commission may still be entitled to EI benefits if they have established their eligibility by working part-time while attending classes and if they are still available for their previous hours of work on virtually no notice. | Persons attending full-time courses not approved by the Commission may still be entitled to EI benefits if they have established their eligibility by working part-time while attending classes and if they are still available for their previous hours of work on virtually no notice. | ||
=== 4. Starting a Business === | |||
Claimants who are trying to start a business are generally considered to be working full-time, regardless of whether they are receiving any income from the business. They are therefore not eligible for any benefits. The only escape for such claimants is to convince the Commission, or the Referees in an appeal, that the self-employment was so minor in extent that a person would not normally rely upon it as a principal means of livelihood. | |||
=== 5. Working Part-time === | |||
A claimant who worked part-time may be able to claim an earnings exemption. If the claimant receives any benefits at all, the week counts toward the maximum number of weeks that can be paid under that claim. Thus, it may be in a claimant’s interest not to claim benefits for a week in which only a small amount would be paid. | |||
== B. Suitable Employment == | |||
A claimant must accept suitable work but is not required to take work considered not suitable. Most of the criteria that define ‘suitable work’ are contained in the ''Employment Insurance Regulations'' s 9.002-9.004. They are as follows: | |||
*“the claimant’ s health and physical capabilities allow them to commute to the place of work and to perform the work” (9.002(a)) | |||
*“the hours of work are not incompatible with the claimant’s family obligations or religious beliefs” (9.002(b)) | |||
*“the nature of the work is not contrary to the claimant’s moral convictions or religious beliefs”(9.002(c))•"the daily commuting time toor from the place of work isnot greater than one hour or, ifitisgreater than one hour, it does not exceed the claimant’ s daily commuting time toor from their place of work during the qualifying period orisnot uncommon given the place where the claimant resides, and commuting time is assessed by reference to the modes of commute commonly used inthe place where the claimant resides” (9.002(d))•“by accepting the employment, will notbe put in a less favourable financial situation than the less favourable of (i) the financial situation that the claimant isin while receiving benefits, and (ii) that which the claimant wasin during their qualifying period.” (9.002(f))•The employment does not arise in consequence of a stoppage of work attributable to a labour dispute (Employment Insurance Act, s 27(2))•The level of earnings meets the requirements inEIR s 9.004 (see below)•The similarity of the employment to the claimants past employment meets the requirementsinEIR s 9.003. (see below)The level of earnings and similarity of employment required vary based onhow often the claimant has claimed EI benefits. Claimants are broken into three categories for the purpose of determining what constitutes suitable work. Employment Insurance Regulations (SOR/96-332)s 9.003 categorizes asfollows:1.Long-Tenured Workers A claimant who has paid into EI seven of the past ten years and who has claimed 36 weeks or less of regular benefits in the past five years is considered a long-tenured worker. During the first 18 weeks of their EI claim in which they claim regular benefits, they need only accept jobs in their previous occupation that pay 90%of their previous wages. Following | |||