Summary of Issue: Effective Date

Decision 72928 Full Text of Decision 72928

The claimant filed a claim for benefits in Edmundston, NB, a benefit period was established effective June 3, 2007. Based on the information provided by the claimant, the Commission determined that her rate of benefits would be $257. The claimant received six weeks of benefits. On August 15, 2007, the claimant filed a second initial claim for benefits in Sept-Îles, Quebec; a new benefit claim was established at the rate of $282. She received 40 weeks of benefits at this rate. The Commission then determined that, since the first benefit period had not yet ended, a benefit renewal period should have been established rather than a second initial benefit period. Unfortunately, the Commission did not know that the claimant had already had a benefit period established since she filed her second claim in another province. As a result, the Commission established a new benefit period. The claimant did not know that she had to inform the Commission about her previous benefit period. This decision resulted in an overpayment of $1,257. The appeal by the claimant is dismissed by the Umpire.

Decision A0049.06 Full Text of Decision A0049.06

The only claim for benefits made by the claimant subsequent to her initial claim was a claim filed some 8 weeks later. The Court said the Umpire erred in law when he applied subsection 26(1) of the Regulations. Subsection 26(1) sets out the time limit to make a claim for benefits and states that a claim must be made within 3 weeks after the week for which benefits are claimed. Subsection 26(2) sets out the time limit to file an application for a renewal claim. A renewal claim is a claim made by a claimant who seeks to reactivate a benefit period established by an initial claim that has laid dormant for four consecutive weeks or more. The Commission's decision, that the claimant's benefits could begin no earlier than the week prior to the week the renewal claim was filed, was correct.