Summary of Issue: Number Of Weeks/Hours

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regard to a Social Security Tribunal (SST) – Appeal Division (AD) decision, which allowed the Commission’s appeal and rescinded the SST -General Division (GD) decision that found that the applicant had just cause for delay in claiming Employment Insurance (EI) benefits.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.