Summary of Issue: Qualifying Conditions

Decision 41327 Full Text of Decision 41327

In order to have a claim antedated there are two prerequistes required: - a claimant must show that he was entitled to receive benefits at the time of the antedate, and secondly, that throughout the whole period between that day and the day he made his claim he had good cause for delay.

Decision A-0371.93 Full Text of Decision A-0371.93

Subsection10(4) if the EIA makes it clear that the possibility of antedating a claim is dependent on two conditions precedent. First, claimant must show that he or she is qualified to receive the benefit on a date earlier. Second, claimant must show that there was good cause for the delay.

Decision A-0978.88 Full Text of Decision A-0978.88

The distinction established under the antedating procedure between those who were and those who were not qualified to benefit on the prior day, creates 2 separate groups who are not equal. On this basis, there can be no breach of s.15 of the Charter.

Decision 12762 Full Text of Decision 12762

2 essential conditions: claimant must have been qualified on the prior day and good cause for delay must be shown to exist throughout the whole period. The onus of proving that both of these conditions have been met rests with claimant.

Decision 75643 Full Text of Decision 75643

The issue before the Board was a request to antedate a claim under s. 10(4) of the Act. It allowed a late claim, which had been delayed a few months, on the ground there was good cause to establish an antedate since the claimant was seeking other employment, did not know of the time limit to file an application and was unaware of the requirements of the law. The claimant did not act as a reasonable person in his situation and did nothing to protect his claim for benefits. The Commission appeal is allowed by the Umpire.

Decision 15920 Full Text of Decision 15920

2 conditions to be met: good cause for delay and claimant must qualify on the prior day. To qualify refers to the required number of weeks and an interruption of earnings. The Board erred in allowing the antedate because good cause shown. There was no interruption of earnings due to severance pay.

Decision A-0577.97 Full Text of Decision A-0577.97

The claimant received workers' compensation from the CSST from 27-11-91 to 12-11-93. Refusal to antedate to 4-7-93: no interruption of earnings before 11-93. The Umpire found that the compensation consisted of temporary payments for earnings replacement and not payments made under a final settlement within the meaning of the Employment Insurance Regulations. Decision upheld by the FCA.**In addition, the FCA ruled that there is no distinction to be made between payments received for loss of salary or for income that the claimant could earn despite the accident.

Decision A-1206.88 Full Text of Decision A-1206.88

Claimant retired 29-11-85 with pension plus a payment of $27,240. Claim filed 25-6-86. Denial of antedate on ground that he did not qualify for UI on 1-12-85 overruled by Umpire. YOUNG applies. Claimant not entitled to be deemed to have filed prior to 5-1-86.

Decision 15949 Full Text of Decision 15949

Refer to: A-1206.88

Decision A-0978.88 Full Text of Decision A-0978.88

Whether an interruption of earnings is required to antedate claim prior to 5-1-86 under Bill C-50. The Court examined the Debates of the House of Commons. Parliament's intention is clear. Language used in para. 4(a) is clear.

Decision 16365 Full Text of Decision 16365

The insured must prove that he fulfills the required conditions and that he had sufficient motive to justify the delay. No interruption of earnings starting in 6-85 since he was on paid leave. The interruption of earnings only occurred in 1-87. He was clearly not entitled to antidating.

Decision 15920 Full Text of Decision 15920

2 conditions to be met: good cause for delay and claimant must qualify on the prior day. To qualify refers to the required number of weeks and an interruption of earnings. The Board erred in allowing the antedate because good cause shown. There was no interruption of earnings due to severance pay.

Decision 15341 Full Text of Decision 15341

The Commission's submission that the issue of good cause need not be addressed as an interruption of earnings cannot be shown to have occurred on the earlier day is correct.

Decision 10875 Full Text of Decision 10875

Following last day worked, claimant received money pursuant to an agreement whereby employees are to be paid 60 days from the date of election [resulting in termination of employment]. Antedating cannot be done to a date prior to an interruption of earnings occurring.

Decision A430.16 Full Text of Decision A430.16

An application for Judicial Review was filed with regard to a Social Security Tribunal (SST) – Appeal Division (AD) decision, which allowed the Commission’s appeal and rescinded the SST -General Division (GD) decision that found that the applicant had just cause for delay in claiming Employment Insurance (EI) benefits. The Applicant made a claim but did not have enough insurable hours. She requested that her claim be antedated as this would give her enough insurable hours. The applicant claimed she did not know that she could apply for EI benefits on the basis of her medical training program. In conclusion, the FCA set aside the decision of the SST-AD allowing the claimant’s application.

Decision 64310 Full Text of Decision 64310

Even if it were possible to antedate his claim, the claimant could not receive benefits because he would still have no insurable hours in his qualifying period. Since he does not meet the requirements of subsection 10(4), it is not possible to antedate his claim.

Decision 23814 Full Text of Decision 23814

Having no weeks of insurable employment during the qualifying period, the claimant does not meet the first requirement for an antedate. This being the case, I need not consider whether he has shown good cause for the delay in filing his claim.

Decision 11794 Full Text of Decision 11794

Even if good cause were present, claimant needs 20 insurable weeks to qualify on the prior date and has only 2.