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The Index of Jurisprudence

A Supplement to the Digest of Benefit Entitlement Principles

Decision A-0210.94

Case Number:
Claimant:
Judge:
 
Pirnasar Chessa 
Federal 
 
Language:
Decision date:
 
English
1995/02/06
 

Decision:
Appealed:
Appellant:
Corresponding Case:
 
Dismissed Unanimous 
No
N/A 
 

Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts 
number of weeks required 
 

Summary:

Worked 1 week after maternity and sickness leave. No other work in last 52 weeks. Ss. 6(2) stipulates that claimant must have had at least the number of weeks set out in Table 1 based on regional rate of unemployment. Contributing to the UI scheme over the years is not enough. Upheld by FC.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts 
qualifying period 
extension 
maximum under 104 w. 
 

Summary:

Ss. 7(2) allows for an extension of a qualifying period to a maximum of 104 weeks. Ss. 7(1) states that the qualifying period cannot precede the commencement of a previous benefit period. Therefore, her benefit period cannot be extended due to her illness. No reviewable error committed by the Umpire.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts 
benefit periods 
extension 
wage-loss 
 

Summary:

The incapacity of the claimant (which, this is not mentioned in the judgment, covered a period during which she received payments under a disability wage-loss plan) does not permit an extension of the benefit period under ss. 9(7). No reviewable error committed by the Umpire.