Special Benefits / Parental

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Disclaimer:
*This asterisk denotes recent case law.

Questions to Answer



NOTE: Since January 01, 2006, maternity and parental benefits for Quebec residents are delivered by the Province of Quebec through the Quebec Parental Insurance Plan. The EI Board of Referees has no jurisdiction to rule on QPIP entitlement.

  1. major attached? (600 hours)
  2. in cases of adoption, proof of placement required?
  3. within the parental "window" ?
  4. parental benefits to the other parent?
  5. special benefits paid to claimant?
  6. weeks remaining to draw parental benefits?


References

Legal test


 


Onus of proof

Key Case Law


 
*CUB 76899: Parents of twins can not both benefit from 35 weeks parental benefits. The Umpire stated that pursuant to Section 12(4)(b) of the Act, the maximum number of weeks for which benefits may be paid for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is 35. (The claimant has filed for a judicial review and a decision is pending.)

SCHEEPERS A-309-96 Judgment Of The Federal Court Of Appeal:  Evidence that claimant was placed for purposes of adoption

LESIUK A-281-01 Judgment Of The Federal Court Of Appeal(leave to appeal dismissed by Supreme Court [ 29642] Judgement Of The Supreme Court Of Canada) sections 6 and 7 of the Act do not contravene the Canadian Charter of Rights and Freedoms,
THIBODEAU A-81-95 Judgment Of The Federal Court Of Appeal: Must be "major attached" for parental benefits.

GONZALEZ T-744-95 Judgment Of The Federal Court Of Appeal, SCHAFER-SHUB Ontario Court of Appeal Number 25044 Court Of Appeal For Ontario:  Validity of parental legislation: 1) 10 week maximum for adoptive parents found valid and 2) 6 months age requirement found invalid and as a result paragraph 12(7)(a) no longer applicable.



Quick Reference