Employment Insurance Regulations - Part I - Unemployment Benefits
The following information is out of date.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
Current EI (Main) Regulations
Persons with Mental Disabilities, Incapacitated Persons and Deceased Persons
27. (1) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I, VII.1 or VIII of the Act.
(2) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative if the deceased person, at the time of death, met the requirements of Part I, VII.1 or VIII of the Act.
(3) For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.
(4) Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining
- in the case of an intestate succession, letters of administration; or
- in the case of a testate succession, probate of the will of the deceased person.
(5) The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include
- a statutory declaration, signed by the applicant, stating that the applicant is a person entitled to succeed to the property of the deceased person; and
- an undertaking signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.
(6) When making a claim for benefits referred to in subsection (4), the applicant shall also submit