Summary of Issue: During Waiting Period

Decision A0597.05 Full Text of Decision A0597.05

The question is whether there is a requirement to make a claim for benefit during the waiting period. The Court was of the view that its decision in Kachman (A-757-85) dealing with disqualifications also covers cases of disentitlement, including non-entitlement during the waiting period. The Court said that the definition of "disentitlement" at section 6 of the EI Act covers the waiting period. (The Commission has issued guidance on this case).

Decision 25520A Full Text of Decision 25520A

It is a case of a claimant failing to return his report card with respect to his waiting period because he immediately thereafter became employed and was thus not entitled to receive a benefit. It is not unreasonable or imprudent for a person in that situation to do what he did. Good cause shown. A claimant is not required to file a report card for a week in which he is disqualified or disentitled (KACHMAN). By the same token he should not be required to promptly file a report card with respect to the 2-week waiting period when, as here, he becomes employed immediately following that period.

Decision 16827 Full Text of Decision 16827

Claimant laid off 1 week in 7-87. He made a claim but did not complete a report card. Laid off again in 1-88. The test is what a reasonable prudent person would have done. Not reasonable to expect one to start enquiries as to why no card received for anisolated week not payable.