Summary of Issue: Minimum Insurable


Decision 19509 Full Text of Decision 19509

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

Nursing assistant who worked 60 hours every second week and fails to qualify for maternity UI. Wants to allocate 50% of her working hours to alternate weeks in which she did not work. Reg. 13(1) exempts any week in which earnings are less than 20% and hours less than 15.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability non-working days

Decision 16902 Full Text of Decision 16902

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

1 day of work followed by 19 full insured weeks followed by 1.5 days of work. 20 weeks required. Case allowed by Board as claimant actually put the time in on the first day even though she was short 2 hours in money. Error of law. Further, overtime in other weeks is of no help.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law excess of jurisdiction

Decision 15885 Full Text of Decision 15885

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

During 2 of the weeks worked, claimant earned less than maximum provided in reg.13. The Board referred to Collection of Premiums Regs to allow the case. As per ANDERSON, the Commission is charged with the administration of UI benefits and the Board should have restricted itself to reg._13. Claimant worked 20 weeks and requires 20 insured weeks. During 2 weeks she earned less than $106 which was the minimum 20% in 1987 for the purpose of reg._13 and therefore she has only 18 insured weeks.


Decision 11940 Full Text of Decision 11940

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

Bi-monthly pay period; worked one 42 hour week and one 6 hour week. 6 hour week also insurable under Reg. 13(2)(b). Benefit rate reduced accordingly.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
board of referees natural justice defined
reconsideration of claim factual cases record of employment erroneous

Decision 11514 Full Text of Decision 11514

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

In 1983, 20% of maximum earnings of $350 was $70. Claimant worked 16 hours per week for a total of $59.20. Employment insurable under reg. 13(1) which states not insurable if less than 20% and less than 15 hours a week.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice free of bias

Decision 11077 Full Text of Decision 11077

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

I can see no flexibility in the legislation whereby, given the determination by DNR/T, I can now regard a week of 19 hours and 45 minutes as a week of 20 hours and thus an insurable week.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction priority of law

Decision 09088 Full Text of Decision 09088

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable
Summary:

Received 30 weeks of UI in qualifying period. Rate of unemployment is 6.4%, so 19 insured weeks are required to requalify. She has 18 weeks plus 1 day. One day does not count as a week by reason of reg. 13(1). This is not a matter over which the Commission has any discretion.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim claimants treated differently
basic concepts benefits paid defined
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