Special Benefits / Compassionate Care
*This asterisk denotes recent case law.
Questions to Answer
Note: Compassionate care benefits became payable effective January 04, 2004.
- major attached?
- 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?
- within the compassionate care window?
- regular benefits already paid?
- weeks of compassionate care benefit remaining?
Employment Insurance Act , 12 23.1 Employment Insurance Act , Employment Insurance Act 6(1)
Regulations: sections 41.1, 41.11 Employment Insurance Regulations1, 41.2 Employment Insurance Regulations, 41.3 Employment Insurance Regulations
- major attachment (600 hours): Employment Insurance Act , 6(1) 23.1(2) Employment Insurance Act
- medical proof: Employment Insurance Act 23.1(2)(a) 23.1(3) Employment Insurance Act , Employment Insurance Regulations 41.2
- compassionate care window: Employment Insurance Act 23.1(4) 23.1(6) Employment Insurance Act
- maximum weeks payable (6 weeks): Employment Insurance Act 12(3)(d) Employment Insurance Act 12.(4.1)
Onus of proof
Claimant must prove entitlement to compassionate care benefits: subsection 23.1(2) of the Act.
Key Case Law
1 Regulation 41.11 broadens the definition of a family member and came into effect on June 11, 2006.
- What's New
- Board of Referees Jurisdiction
- Availability for Work
- Claim Procedure
- Delayed Appeal to the Board of Referees
- Labour Disputes
- Out of Canada
- Penalties and Violations
- Qualifying Conditions
- Rate of Weekly Benefits
- Reconsideration of Claim
- Refusal of Employment
- Special Benefits
- Special Benefits/Compassionate Care
- Special Benefits/Maternity
- Special Benefits/Parental
- Special Benefits/Sickness
- Undeclared Earnings
- Week of Unemployment
- Voluntary Leaving