Difference between revisions of "Types of Employment Insurance Benefits (8:IV)"

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*has had an interruption of earnings from employment;  
*has had an interruption of earnings from employment;  
*is capable of and available for work
*is capable of and available for work
*has made “reasonable and customary efforts”; and  
*has made “reasonable and customary efforts” to find employment; and  
*is unable to find suitable employment.  
*is unable to find suitable employment.  


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== B. Special Benefits ==
== B. Special Benefits ==


This category includes sickness, compassionate care, pregnancy, parental benefits, and benefits for parents caring for a critically ill child (s 12(3)).  More than one type of special benefit can be claimed within one benefit period. Similarly, special and regular benefits claims can be combined. However, s 12(6) sets out the maximum for such a combination.  If a claimant has not collected any regular benefits and is just combining different special benefits to which they are entitled, the maximum number of weeks the claimant can collect is the combined maximum for each of the special benefits they are collecting.  To ensure they have time to collect all these combined weeks, their benefit period will also be extended to the combined maximum number of weeks of special benefits they can collect.  
This category includes sickness, compassionate care, pregnancy, parental benefits, benefits for parents caring for a critically ill child, and benefits for persons providing care for a critically ill adult family member (s 12(3)).  More than one type of special benefit can be claimed within one benefit period. Similarly, special and regular benefits claims can be combined. However, s 12(6) sets out the maximum for such a combination.  If a claimant has not collected any regular benefits and is just combining different special benefits to which they are entitled, the maximum number of weeks the claimant can collect is the combined maximum for each of the special benefits they are collecting.  To ensure they have time to collect all these combined weeks, their benefit period will also be extended to the combined maximum number of weeks of special benefits they can collect.  


If the claimant has collected regular benefits but is also entitled to collect special benefits during their benefit period, then the claimant can combine weeks of benefits, but the maximum number of combined weeks cannot be higher than 50.
If the claimant has collected regular benefits but is also entitled to collect special benefits during their benefit period, then the claimant can combine weeks of benefits, but the maximum number of combined weeks cannot be higher than 50.
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==== a) Major Attachment Claimant ====
==== a) Major Attachment Claimant ====


Up to 15 weeks of sickness benefits are payable to a claimant who is incapable of work due to a prescribed illness, injury, or quarantine (s 12(3)). Major attachment claimants can receive sickness benefits even if the illness is the reason for ceasing work.
A major attachment claimant who is incapable of work due to a prescribed illness, injury, or quarantine may qualify for up to a maximum of 15 weeks of sickness benefits (''EI Act'', s 12(3)).


==== b) Minor Attachment Claimant ====
==== b) Minor Attachment Claimant ====
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A minor attachment claimant may qualify for up to 15 weeks of sickness benefits if the injury, illness, or quarantine was not the reason for the claimant’s interruption of earnings, but is the reason that they cannot return to work. For example, if a claimant is laid-off due to shortage of work and begins collecting regular EI benefits, the claimant may be entitled to sickness benefits if they later fall ill, even if they qualified for regular benefits with less than 600 hours.  
A minor attachment claimant may qualify for up to 15 weeks of sickness benefits if the injury, illness, or quarantine was not the reason for the claimant’s interruption of earnings, but is the reason that they cannot return to work. For example, if a claimant is laid-off due to shortage of work and begins collecting regular EI benefits, the claimant may be entitled to sickness benefits if they later fall ill, even if they qualified for regular benefits with less than 600 hours.  


In some cases, a claimant who loses previous employment – due to injury for example – may not immediately qualify for regular benefits if he or she is capable of performing other jobs and is actively seeking such employment.
In some cases, a claimant who loses previous employment – due to injury for example – may not immediately qualify for regular benefits if they are capable of performing other jobs and is actively seeking such employment.


=== 2. Prescribed Illness, Injury or Quarantine ===
=== 2. Prescribed Illness, Injury or Quarantine ===


Sickness benefits are only available for a “prescribed illness, injury or quarantine that renders a claimant incapable of performing the functions of his or her regular or usual employment or other suitable employment” ('''EI Regulations''', s 40(4)).  The onus is on the claimant to prove entitlement.  A medical certificate is usually required, and the Commission may also require a claimant to undergo a medical examination at their direction pursuant to s 40(2) of the EI Regulations.  In those situations, the Commission must pay travel and other expenses for the examination ('''EI Regulation''', s 40(3)).
Sickness benefits are only available for a “prescribed illness, injury or quarantine that renders a claimant incapable of performing the functions of their regular or usual employment or other suitable employment” ('''EI Regulations''', s 40(4)).  The onus is on the claimant to prove entitlement.  A medical certificate is usually required, and the Commission may also require a claimant to undergo a medical examination at their direction pursuant to s 40(2) of the EI Regulations.  In those situations, the Commission must pay travel and other expenses for the examination ('''EI Regulation''', s 40(3)).


Due to Covid-19, a medical certificate is not necessary to qualify for sickness benefits. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
Due to Covid-19, a medical certificate is not necessary to qualify for sickness benefits. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
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To be eligible for Compassionate Care Benefits a claimant must apply and show that:
To be eligible for Compassionate Care Benefits a claimant must apply and show that:


*his or her regular weekly earnings from work have decreased by more than 40 percent; and
*their regular weekly earnings from work have decreased by more than 40 percent; and
*he or she has accumulated 600 insured hours in her qualifying period.  
*they have accumulated 600 insured hours in their qualifying period.  


Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
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:NOTE: For more information on claiming compassionate care benefits, and for a comprehensive list of persons included under the term “family member,” please refer to the ESDC website: http://www.servicecanada.gc.ca/eng/ei/types/compassionate_care.shtml#Definition.
:NOTE: For more information on claiming compassionate care benefits, and for a comprehensive list of persons included under the term “family member,” please refer to the ESDC website: http://www.servicecanada.gc.ca/eng/ei/types/compassionate_care.shtml#Definition.


== E. Benefits for Parents of Critically Ill Children (PCIC) ==
== E. Benefits for Family Members of Critically Ill Children (PCIC) ==


Eligible family members who take leave from work to provide care or support to a child with a life-threatening illness or injury can receive up to 35 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the child is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the child is critically ill or injured. The child must be under the age of 18 at the time that the beginning of the benefit window; if the child turns 18 at any time during the benefit window besides the beginning, the claimant will remain eligible to claim PCIC benefits. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes).  
Eligible family members who take leave from work to provide care or support to a child with a life-threatening illness or injury can receive up to 35 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the child is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the child is critically ill or injured. The child must be under the age of 18 at the time that the beginning of the benefit window; if the child turns 18 at any time during the benefit window besides the beginning, the claimant will remain eligible to claim PCIC benefits.  
   
   
As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a greater than 40% reduction in earnings) and have 600 hours in their qualifying period. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work.
As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a 40% reduction in earnings) and have 600 hours in their qualifying period.
   
   
These benefits are not available to family members of a child with a chronic illness or condition that is their normal state of health.  There must be a significant change from the child’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.
These benefits are not available to family members of a child with a chronic illness or condition that is their normal state of health.  There must be a significant change from the child’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.
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Eligible family members who take leave from work to provide care or support to a family member with a life-threatening illness or injury can receive up to 15 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the adult is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the adult is critically ill or injured. The adult must be over the age of 18 at the time that the beginning of the benefit window.  
Eligible family members who take leave from work to provide care or support to a family member with a life-threatening illness or injury can receive up to 15 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the adult is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the adult is critically ill or injured. The adult must be over the age of 18 at the time that the beginning of the benefit window.  
   
   
As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a 40% reduction in earnings) and have 600 hours in their qualifying period. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a greater than 40% reduction in earnings) and have 600 hours in their qualifying period. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
   
   
These benefits are not available to family members of an adult with a chronic illness or condition that is their normal state of health.  There must be a significant change from the adult’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.
These benefits are not available to family members of an adult with a chronic illness or condition that is their normal state of health.  There must be a significant change from the adult’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.
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a) be a major attachment claimant;
a) be a major attachment claimant;


b) prove her pregnancy.  This entails furnishing a certificate completed by a physician that sets out the expected date of birth, or providing such other evidence as the Commission may require, and
b) prove her pregnancy; and


c) have an interruption of earnings.
c) have an interruption of earnings.
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Benefits can only be paid for a maximum of 15 consecutive weeks. The period can start no more than 12 weeks before the week when the claimant’s due date is expected or the week when the birth actually occurs, whichever is earliest (EI Act, s 22(2)).  
Benefits can only be paid for a maximum of 15 consecutive weeks. The period can start no more than 12 weeks before the week when the claimant’s due date is expected or the week when the birth actually occurs, whichever is earliest (EI Act, s 22(2)).  


The maximum period in which benefits may be collected ends 17 weeks after birth or due date, whichever is later. If the child born from the pregnancy is hospitalized, the benefit period may be extended by one week for each week or part of a week that the child is hospitalized (''EI Act'', s 22(6)). However, benefits may last no longer than 15 weeks total, even if extensions have been granted. As with claims for regular benefits, there is a one-week waiting period after the claim is made before benefits become payable.
Benefits must be collected within 17 weeks after birth or due date, whichever is later. If the child born from the pregnancy is hospitalized, the benefit period may be extended by one week for each week or part of a week that the child is hospitalized (''EI Act'', s 22(6)). However, benefits may last no longer than 15 weeks total, even if extensions have been granted. As with claims for regular benefits, there is a one-week waiting period after the claim is made before benefits become payable.


Due to Covid-19, the waiting period may be waived. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
Due to Covid-19, the waiting period may be waived. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
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=== 3. Pregnancy Benefit Rate ===
=== 3. Pregnancy Benefit Rate ===


The pregnancy benefit rate is the same as the regular benefit rate. All earnings received from other sources reduce benefits. However, no proof of availability is necessary. Money received under an employer’s sickness or maternity plan, other than a SUB plan, is regarded as earnings, and will be deducted. For a comprehensive list of what is and is not, regarded as earnings, see s 35 of the ''EI Regulations''. See also [[Quantifying Employment Insurance Benefits (8:V)#C. Effect of Earnings | Section V.C: Effect of Earnings]], above.
The pregnancy benefit rate is the same as the regular benefit rate. All earnings received from other sources reduce benefits. However, no proof of availability is necessary. Money received under an employer’s sickness or maternity plan, other than a SUB plan (an employer’s plan to top off their employee’s EI), is regarded as earnings, and will be deducted. For a comprehensive list of what is and is not, regarded as earnings, see s 35 of the ''EI Regulations''. See also [[Quantifying Employment Insurance Benefits (8:V)#C. Effect of Earnings | Section V.C: Effect of Earnings]], above.


:''NOTE:'' For more information on claiming pregnancy benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html.
:''NOTE:'' For more information on claiming pregnancy benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html.
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There are two options available to parents; they may choose to get 55% of their wage for 40 weeks or they may choose to receive 33% of their wage for up to 69 weeks. These benefits are available to any parent, including adoptive parents, who experience an interruption of earnings to care for their new child. However, birth mothers can collect parental benefits in addition to their pregnancy benefits.   
There are two options available to parents; they may choose to get 55% of their wage for 40 weeks or they may choose to receive 33% of their wage for up to 69 weeks. These benefits are available to any parent, including adoptive parents, who experience an interruption of earnings to care for their new child. However, birth mothers can collect parental benefits in addition to their pregnancy benefits.   


Should parents elect to receive benefits for up to 40 weeks, parents can share the 40 weeks of benefits between them.  However, each parent cannot individually claim more than 35 weeks.   
Should parents elect to receive benefits for up to 40 weeks, parents can share the 40 weeks of benefits between them.  However, each parent cannot individually claim more than 35 weeks. For example, if one parent claims 35 weeks of benefits, then the other parent may claim a maximum of 5 weeks.   


Should parents elect to receive benefits for up to 69 weeks, parents can share the total benefit between the them as they choose. However, no parent may receive more than 61 weeks of benefits individually.  
Should parents elect to receive benefits for up to 69 weeks, parents can share the total benefit between the them as they choose. However, no parent may receive more than 61 weeks of benefits individually.  


In either case, only parents who are major attachment claimants (i.e. have at least 600 insurable hours in their qualifying period) can qualify.  In other words, each parent must qualify individually, and one parent cannot qualify on behalf of the other. For example, if one parent claims 35 weeks of benefits, then the other parent may claim a maximum of 5 weeks. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
In either case, only parents who are major attachment claimants (i.e. have at least 600 insurable hours in their qualifying period) can qualify.  In other words, each parent must qualify individually, and one parent cannot qualify on behalf of the other. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work.


The period during which parental benefits can be claimed begins on the day the child is born, or placed with the parent for the purposes of adoptions, and ends 52 weeks later.  The 40 weeks of parental benefit do not need to be collected in consecutive weeks and can be collected at any time during this period.  Like other EI benefits, the claimant will receive 55% of their average weekly earnings.
The period during which parental benefits can be claimed begins on the day the child is born, or placed with the parent for the purposes of adoptions, and ends 52 weeks later.  The 40 weeks of parental benefit do not need to be collected in consecutive weeks and can be collected at any time during this period.  Like other EI benefits, the claimant will receive 55% of their average weekly earnings.
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== J. Employment (Training) Benefits ==
== J. Employment (Training) Benefits ==
The EI budget includes discretionary funding for retraining.  Eligibility for these benefits is determined by the criteria in s 58(1) of the EI Act, and includes anyone whose benefit period ended within the last 60 months. Section 9 of the EI Act lists out certain types of benefits that could be conferred to claimants that meet the criteria in s 58(1). The Commission has discretion to approve funding for benefits during training, and decisions on this matter cannot be appealed (EI Act, s 25(2)).
The EI budget includes discretionary funding for retraining.  Eligibility for these benefits is determined by the criteria in s 58 of the ''EI Regulations'', and includes anyone whose benefit period ended within the last 60 months (see s. 76.11). Section 9 of the ''EI Act'' lists out certain types of benefits that could be conferred to claimants that meet the criteria in s 58.


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