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  • Special Benefits / Compassionate Care

    Disclaimer:
    *This asterisk denotes recent case law.

    Questions to Answer



    Note: Compassionate care benefits became payable effective January 04, 2004.
    1. major attached?
    2. medical proof that the ill family member needs care or support and is at risk of dying within 26 weeks and requires care and support from one or more other family members?
    3. within the compassionate care window?
    4. regular benefits already paid?
    5. weeks of compassionate care benefit remaining?


    References


     
    Act: sections 12 Employment Insurance Act , 23.1 Employment Insurance Act , related: 6(1) Employment Insurance Act
    Regulations: sections 41.1, 41.11 Employment Insurance Regulations1, 41.2 Employment Insurance Regulations, 41.3 Employment Insurance Regulations 

    Legal test


     


    Onus of proof


     
    Claimant must prove entitlement to compassionate care benefits: subsection 23.1(2) of the Act.

    Key Case Law


     

    CUB 62054 Umpire Decision: The definition of a family member, as set out in subsection 23.1(1) of the EI Act   Employment Insurance Act, cannot be ignored.





    1 Regulation 41.11 broadens the definition of a family member and came into effect on June 11, 2006. 2012-01-05