Decision 50391A      Full Text


Summary:
Claimant was entitled to 29 weeks of benefits, 15 of which were issued as sickness benefits. He could not qualify for regular benefits from the termination of his sickness benefits until the date of his recovery which was after the termination of his benefit period. Argued that his benefit period should have been extended. Request denied: circumstance not covered in the legislation.

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Decision A-0117.97      Full Text


Summary:
Benefit period effective 7-10-90. July 93 claimant received a payment in settlement of his wrongful dismissal. The allocation prevented claimant from establishing an interruption of earnings until 19-11-90 which coincided with the coming into force of Bill C-21, reducing entitlement from 50 to 41 weeks of benefits. Umpire ruled that the amending legislation is not applicable to the claimant's claim, he is entitled to the period of benefits according to the law which existed at the date of his application on 7-10-90. FCA focused on the use of the word "established" and not "commenced" in the transitional provision, there is no doubt that there had been a benefit period "established" in favour of the claimant effective 7-10-90 before the provisions determining its length were repealed. FCA maintained Umpire's decision.

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Decision 29858      Full Text


Summary:
Claimant requested that his regular claim be terminated pursuant to 9(6)(d) of the Act in favour of a fishing claim. Request denied. S. 85(1)(a) of the Regulations provides benefits to a fisherman who "is not qualified under section 6 of the Act to receive benefits.

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Decision 23444      Full Text


Summary:
Claimant disputes the fact that her benefit period kept running following the expiration of her sickness benefits while she was for a time still incapable of work, and until she had recovered enough to collect regular benefits.

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Decision 22338      Full Text


Summary:
The insured alleges that the applicable paragraph is 9(2), which states that the benefits period is 52 weeks, and not 11(2). These clauses do not deal with the same thing. One established the duration of the benefits period and the other the maximum benefits payable during that period.

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Decision 16159      Full Text


Summary:
After 42 weeks his UI ran out as this was his maximum entitlement. It is not correct to say that a claimant is entitled to 52 weeks of UI, this being the maximum of a claimant and varies in each individual case.

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Decision 14568      Full Text


Summary:
Length of a benefit period is 50 weeks. A return to the work force for 6 weeks in the middle of a benefit period does not qualify a claimant for an extension.

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Decision 14454      Full Text


Summary:
13 insured weeks and was paid 13 weeks of initial benefits and 26 of regionally extended. She was told she would be entitled to 50 weeks. Misinformation does not entitle a claimant to benefits to which not otherwise entitled.

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Decision 14180      Full Text


Summary:
Ceased work 19-6-85. Claim filed 28-2-86. 18 insured weeks in qualifying period. Hence, claimant only eligible for 18 weeks of benefit plus extended benefits based on regional rate. Received 34 weeks in total. Not entitled to one full year.

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Decision 13131      Full Text


Summary:
Maximum benefits not paid because there was no interruption of earnings following the last day worked. If severance pay is declared to be earnings and allocated, that period is deducted from his benefit period.

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Decision 12310      Full Text


Summary:
The claimant was entitled to a maximum benefit period of 52 weeks. What she does not understand is that once her benefit period started running, it continued to run despite any disentitlement or disqualification.

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Decision 12052      Full Text


Summary:
Necessarily terminates after 52 weeks.

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Decision 11333      Full Text


Summary:
Benefit period generally continues for 52 weeks. A claimant who finds employment is not entitled to receive UI while employed. But the benefit period is not thereby terminated; it continues to exist and may be reactivated later with no waiting period toserve.

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Decision 11135      Full Text


Summary:
The issue is whether a period of disentitlement is included in claimant's 52-week benefit period. See CUB 8978. Since claimant was properly disentitled for 5 weeks, potential entitlement in her benefit period is reduced by 5 weeks.

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Decision 10793      Full Text


Summary:
Goes without saying that a benefit period is not established if an earlier period has not ended. Because the earlier period ended only on 26-11-83, board erred in treating claim made on 10-3-83 as initial claim rather than renewed claim.

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Decision 10717      Full Text


Summary:
Commencement date: 16-5-82. Benefits paid until 5-83 except from 13-9 to 18-12-82 due to pregnancy and confinement. 37 weeks paid in total. Unfair treatment alleged under Bill of Rights and Human Rights as compared to prisoners whose benefit periods maybe extended.

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Decision 61641      Full Text


Summary:
The decision of a claimant to terminate his benefit period early for the purpose of establishing a new one immediately is final if it is based on relevant and accurate information.

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