Special Benefits / Compassionate Care

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*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?


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.

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