Summary of Issue: Voluntary Termination Of Benefit Period

Decision 71458 Full Text of Decision 71458

The claimant consulted a Commission agent to see if she could terminate her employment insurance benefits and apply to receive benefits in virtue of the Employment Insurance (Fishing) Regulations, which benefits would be more advantageous. The claimant was advised by the Commission agent that she could change her claim. The information provided to the claimant was erroneous and this is deeply regretted but the Board as well as the undersigned must decide according to the provisions of the Employment Insurance Act and it’s Regulations which can only be amended by Parliament. One only has to refer to the sections involved and to read them in their entirety to come to the conclusion that a claimant is not entitled to choose the most advantageous route to him, but rather must follow the Act as passed by Parliament. The claimant's appeal is dismissed.

Decision 29858 Full Text of Decision 29858

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.

Decision 22705 Full Text of Decision 22705

Denial of request for termination based on para. 85(1)(a), claimant being qualified under s.17. Claimant established a renewal claim for regular benefits under s. 17. This clearly precluded the establishment of any initial claim for seasonal fishing benefits pursuant to para. 85(1)(a).

Decision 18254 Full Text of Decision 18254

Substantial overpayment caused by the Commission's action in terminating upon request claimant's regular benefit period at a lesser rate only to discover later that no claimant can profit from a fishing benefit under reg. 85(1) if he is currently receiving regular benefit.