Summary of Issue: Earnings

Decision 74655 Full Text of Decision 74655

The claimant applied for sickness benefits which were approved. At the same time, he was covered by a private group plan through his employer for loss of wages (illness) also received payments from this private plan. Payments from the group insurance plan were allocated by the Commission resulting in a considerable overpayment. The claimant argues that since the payments from the private plan are not taxable under the Income Tax Act, they should not be deemed to be income and therefore should not be allocated. The Income Tax Act may not consider the group plan payments as income for tax purposes, the Employment Insurance Act and its Regulations clearly consider these payments as income and they must accordingly be allocated. The appeal by the claimant is dismissed by the Umpire.

Decision A-0302.95 Full Text of Decision A-0302.95

The circumstances under which a purchase of salary continuance which acted as a wage-loss indemnity plan is not to be considered a group plan are set forth in s. 57(4) of the Regulations. All of the conditions therein laid down must be satisfied including that the plan "is completely portable". The term "portable" is defined in s. 57(5) for the purposes of subsection 57(4).

Decision 21929 Full Text of Decision 21929

Claimant received regular benefit less a deduction for pension income. His benefits were from a later date changed to sickness benefits with a 100% deduction to which he disagreed. Ss.15(2) and 17(4) quoted. No error in the interpretation of the law by the Board.

Decision 21796 Full Text of Decision 21796

Receives remuneration for 3 paid holidays during a period during which he is receiving sickness benefits.

Decision 18506 Full Text of Decision 18506

The claimant appeals the deduction of earnings dollar for dollar from his rate of benefit. Ss.29(4) clearly states that in this situation all earnings must be deducted from benefits payable to a claimant.

Decision A-0432.78 Full Text of Decision A-0432.78

It is submitted that ss.29(4) authorizes the Commission to deduct the earnings from benefits payable without any reference to the allocation provisions of reg. 173, now 58. It seems to us that there is merit in that submission. [case decided on another ground]