Special Benefits / Compassionate Care

Disclaimer:
*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?

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

major attachment (600 hours): subsections 6(1) Employment Insurance Act , 23.1(2) of the Act Employment Insurance Act
medical proof: paragraphs 23.1(2)(a) and Employment Insurance Act 23.1(3) of the Act Employment Insurance Act , section 41.2 of the Regulations Employment Insurance Regulations
compassionate care window: paragraphs 23.1(4) and Employment Insurance Act 23.1(6) of the Act Employment Insurance Act
maximum weeks payable (6 weeks): paragraph 12(3)(d) and Employment Insurance Act subsection 12.(4.1) of the Act Employment Insurance Act

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

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.