Summary of Issue: Allocation *

Decision T909.18 Full Text of Decision T909.18

This is a Judicial Review to the Federal Court of the SST Appeal's Division's decision to deny leave to appeal the SST General Division 's decision upholding the Commission's determination that the claimant received an EI regular benefits overpayment after receiving severance payment from his former employer. The Federal Court dismissed the application.

Decision A372.15 Full Text of Decision A372.15

The claimant was seeking to challenge a decision of the Federal Court of Appeal (FCA) which dismissed her application for Judicial Review (JR) of a decision of the Social Security Tribunal (SST)-Appeal Division (AD) denying her leave to appeal of a decision of the SST-General Division (GD). The SST-GD had denied the claimant’s appeal finding that money received as severance pay by the claimant constituted earnings and had to be allocated pursuant to the Employment Insurance (EI) Regulations.

Decision A0370.11 Full Text of Decision A0370.11

The claimant lost his employment in September 2009, applied for benefits in December 2009 and had received a $20,000 severance payment. The Commission allocated the payment as earnings in accordance with the EIR. The claimant argued that the severance payment should not be allocated from the date that he lost his employment, but should instead be considered as insurable earnings earned during his rate calculation period, thereby increasing his benefit rate. On judicial review, the claimant argued that the application of the Regulations to his circumstances was inequitable or unfair. The EIA ant the EIR impose a duty on the Commission to calculate how a severance payment is to be applied and the rate of benefits a claimant will be entitled to receive once the severance pay has been allocated. In dismissing the application, the FCA agreed that neither the Court, nor the Umpire, nor the BOR have the legal authority to grant the claimant special relief based on his unique circumstances.