Summary of Issue: Maximum Payable

Decision 75176 Full Text of Decision 75176

The claimant was being paid parental benefits when she requested that these benefits be converted to sickness benefits. The Commission refused the sickness benefits after having paid the claimant the maximum number of special benefits payable, 15 weeks of maternity and 35 weeks of parental in her benefit period. The claimant also had not established her availability within the meaning of section 18 of the E.I. Act. The Commission's appeal before the Umpire is allowed

Decision 63108 Full Text of Decision 63108

The claimant received 24 weeks of regular benefits before applying for sickness, maternity and parental benefits. She received six weeks of sickness followed by 15 weeks of maternity benefits. She was then entitled to only 5 weeks of parental benefits as she then had reached the maximum 50 weeks of benefits. The Umpire found that the provisions in subsection 12(5) of the Act clearly state that the maximum number of weeks of combined benefits a claimant can receive is 50 unless the claimant qualifies for an extension pursuant to subsection 10(13) of the Act, which was not the case here.

Decision A-0137.01 Full Text of Decision A-0137.01

Claimant received 40 weeks of combined (15 maternity, 10 parental, 15 regular) benefits. She alleged that the legislation was discriminatory because she was not entitled to the full 40 weeks of regular benefits under Schedule I. The Federal Court of Appeal had previously ruled that the combined benefits cap was not discriminatory (Sollbach A-197.98). The Court concluded that Sollbach was still good law and dismissed the case of Ms Miller. N.B. The Supreme Court of Canada denied Ms Miller's request for leave to appeal.

Decision A-0435.00 Full Text of Decision A-0435.00

Claimant received 25 weeks of maternity and parental benefits. She returned to work but was laid off 2 months after. She was entitled to 5 weeks of regular benefits because of the 30-week cap on combined benefits. Umpire found, in light of the Canadian Human Rights Act (CHRA), that since only women can claim maternity benefits, it was discriminatory to include the weeks of maternity benefits in a calculation of the number of weeks of regular benefits to which a claimant is entitled. Referring to its decision rendered in Sollbach (A-0197.98), the FCA held that since it was not discriminatoy under the Charter, it would not be justifiable to hold it is discriminatory for the purpose of the CHRA. Commission appeal allowed.

Decision A-0197.98 Full Text of Decision A-0197.98

Claimant entitled to 27 weeks of benefits and paid 18 weeks of regular benefits and 12 weeks of maternity benefits. Alleged she should be entitled to 27 weeks of regular benefits, 15 weeks of maternity and 10 weeks of parental benefits for a total of 52 weeks. Umpire ruled that S.11 of the UIA did not transgress the provisions of S.15 of the Charter. The FCA agreed that SS.11(6) did not draw a distinction between pregnant women and others. All recipients of special benefits are subject to the 30 week limitation. The subsection is gender neutral.

Decision 27326 Full Text of Decision 27326

Claimant was paid 13 weeks of sickness benefits, 15 weeks of maternity benefits and 2 weeks of parental benefits. The Board erred in law when it decided to allow 8 additional weeks. It did so in contravention of ss. 11(5) and in contravention of the scheme propounded by the Act.

Decision 25533 Full Text of Decision 25533

Claimant received 9 weeks of sickness benefits, 15 weeks of maternity benefits and 6 weeks of parental benefits. Held that the maximum payable was 30 weeks under ss.11(5) so that she could not claim 4 additional weeks of parental benefits even though she had been so advised by CEIC staff.