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Difference between revisions of "Employment Insurance Benefit Entitlement (8:VII)"
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Employment Insurance Benefit Entitlement (8:VII) (view source)
Revision as of 01:59, 17 August 2018
, 01:59, 17 August 2018→D. Disentitlement
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Disentitlement means that the claimant is not eligible to receive benefits. This may be due to any of a number of reasons including: | Disentitlement means that the claimant is not eligible to receive benefits. This may be due to any of a number of reasons including: | ||
*illness of a minor attachment claimant (s 21(1)); | *illness of a minor attachment claimant (s 21(1)); | ||
*the claimant is an inmate of a prison or similar institution, except when on parole (s 37(a)); | *the claimant is an inmate of a prison or similar institution, except when on parole (s 37(a)); | ||
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*loss of employment due to a labour dispute (i.e. either a strike or lockout (s 36)). | *loss of employment due to a labour dispute (i.e. either a strike or lockout (s 36)). | ||
However, the most common basis for disentitlement is that the claimant failed to prove that he or she is “capable of and available for work and unable to find suitable employment” s 18(a)). As such, claimants should understand that they must keep a job search record. | However, the most common basis for disentitlement is that the claimant failed to prove that he or she is “capable of and available for work and unable to find suitable employment” s 18(a)). As such, claimants should understand that they '''must keep a job search record.''' | ||
Disentitlements can last indefinitely until the situation is remedied. Further, a disentitlement can be retroactive, which can lead to decisions of overpayment (see below). The ''EI Act'' places the onus on the claimant to prove entitlement on the balance of probabilities (s 49). In cases where the evidence as a whole indicates that the claimant’s availability was doubtful, it might be held that the claimant had failed to prove that he or she was available for suitable employment. For example, if a woman is disentitled because she has no child care arrangements, she may need to give the Commission the name of a relative or friend who will care for the child until permanent arrangement can be made. | Disentitlements can last indefinitely until the situation is remedied. Further, a disentitlement can be retroactive, which can lead to decisions of overpayment (see below). The ''EI Act'' places the onus on the claimant to prove entitlement on the balance of probabilities (s 49). In cases where the evidence as a whole indicates that the claimant’s availability was doubtful, it might be held that the claimant had failed to prove that he or she was available for suitable employment. For example, if a woman is disentitled because she has no child care arrangements, she may need to give the Commission the name of a relative or friend who will care for the child until permanent arrangement can be made. | ||