AK v Canada Employment Insurance Commission

AK v Canada Employment Insurance Commission

The claimant elected extended parental benefits and the Commission issued the first parental benefits payment on November 6, 2020; under s.23(1.2) of the Employment Insurance Act an election cannot be changed after payment is issued, therefore the claimant cannot change to standard parental benefits and the appeal is dismissed.

Citation
2021 SST 523
Parties
Appellant (claimant): A. K.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 January 2021
Procedural Posture
Employment Insurance / General Division – Decision
Outcome
Appeal dismissed
Legal Topics
Parental Benefits, Extended Parental Benefits, Standard Parental Benefits, Irrevocable Election, Benefit Calculation and Interpretation
Source Language
English
Employment Insurance Social Security Administrative Law Parental Benefits Extended Parental Benefits Standard Parental Benefits Irrevocable Election Benefit Calculation and Interpretation

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Parties

A. K.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance / General Division – Decision

Legal Issues

  1. 1 Whether the claimant elected extended parental benefits.
  2. 2 Whether the claimant can change her election after the Commission issued payment for parental benefits.

Ratio Decidendi

The claimant elected extended parental benefits and the Commission issued the first parental benefits payment on November 6, 2020; under s.23(1.2) of the Employment Insurance Act an election cannot be changed after payment is issued, therefore the claimant cannot change to standard parental benefits and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant’s election of extended parental benefits remains in force and cannot be changed after parental benefits payments were issued