Special Benefits / Sickness

1. "major attached" (600 hours), or
2. "minor attached" (less than 600 hours) and ceased work for reason other than incapacity?
3. unable to work by reason of illness, injury or quarantine?
4. otherwise available?
5. proof of incapacity?
6. special benefits already paid? Weeks remaining to draw sickness benefits?

 
Act: sections 12 Employment Insurance Act, 21 Employment Insurance Act, paragraph 18(b) Employment Insurance Act; related: subsection 6(1) Employment Insurance Act, section 13 Employment Insurance Act
Regulation: section 40 Employment Insurance Regulations 

 

• major attached (600 hours or more) or minor attached (less than 600 hours) and ceased work for reasons other than incapacity: section 21 of the Act.   Employment Insurance Act
• unable to work due to prescribed illness, injury, quarantine: paragraph 18(b) of the Act   Employment Insurance Act, section 40 of the Regulations.   Employment Insurance Regulations
• otherwise available for work: paragraph 18(b) of the Act.   Employment Insurance Act
• proof of incapacity: paragraph 18(b) of the Act   Employment Insurance Act, section 40 of the Regulations.   Employment Insurance Regulations
• maximum weeks payable: 15 weeks section 12 of the Act.   Employment Insurance Act

 
Claimant must prove entitlement to sickness benefits

 
PETERSON A-370-95 Judgment Of The Federal Court Of Appeal: Sickness benefits outside Canada.

CRUPI A-451-85 Judgment Of The Federal Court Of Appeal "otherwise available"

A-479-94 Judgment Of The Federal Court Of Appeal: Incapacity must be the claimant's and not that of another person.

PANNU A-147-03 Judgment Of The Federal Court Of Appeal: Minimum number of insured hours must be accumulated in the qualifying period to be entitled.