| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
for the purpose of adoption |
|
|
Summary:
The claimant was denied parental benefits because he had not proven his intention to adopt the child, for which he claimed to have custody, under the provincial legislation. The Board allowed the claimant's appeal, suggesting the claimant met the provisions of the intent of the Act if not the actual application of the Act. The Commission submits the Board exceeded its jurisdiction and failed to properly apply the provisions of s. 23(1). The Commission submits that the purpose of the Act is to provide parental benefits and financial support to a parent while caring for a newborn or adopted child. The legislation is specific and applies to biological or adoptive parents. Therefore, the provisions of the Act were breached by the Board's sympathetic decision which was misguided. The Commission appeal is allowed.
