Digest of Benefit Entitlement Principles - Chapter 23

• 23.1.0   Authority
• 23.1.1   Definition

23.1.0   Authority

On January 4, 2004, the Employment Insurance (EI) legislation introduced a new type of benefit known as compassionate care benefits¹. This type of benefits allows an eligible claimant the opportunity to receive income support while absent from work to provide care or support for a child, a parent, a spouse or common-law partner with a serious medical condition and a significant risk of death within 26 weeks. During that period, the individual is relieved of the requirement to be available for work².

The legislation provides for the payment of a maximum of 6 weeks of compassionate care benefits³ within a 26 week window.  A claimant can only receive a maximum of 6 weeks of compassionate care benefits per benefit period.⁴

The Act provides for the making of regulations to further define and determine what is care or support⁵; who can issue a medical certificate⁶; in which situations a shorter period than 26 weeks applies⁷; when a waiting period can be deferred⁸; and prescribing rules when members do not agree on the division of weeks of benefits⁹.

Throughout this chapter, for ease of reference, the expression "gravely ill family member" or patient is used to describe a family member who has a serious medical condition with a significant risk of death within 26 weeks.

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1. EIA 23.1
2. EIA 23(2)
3. EIA 12(4.1)
4. EIA 12(3)(d)
5. EIA 54(f.3)
6. EIA 54(f.4)
7. EIA 54(f.5)
8. EIA 54(f.6)
9. EIA 54(f.7) 

23.1.1   Definition

The legislative authority to pay compassionate care benefits reads as follows:¹

Notwithstanding Section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor has issued a certificate stating that

1. a family member of the claimant has a serious medical condition with a significant risk of death within 26 weeks
   1. from the day the certificate is issued,
   2. in the case of a claim that is made before the day the certificate is issued, from the day from which the medical doctor certifies the family member's medical condition, or
   3. in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day; and
2. the family member requires the care or support of one or more other family members.

[ January 2006 ]

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1. EIA 23.1(2)