SS v Canada Employment Insurance Commission

SS v Canada Employment Insurance Commission

Section 153.17(1) deems the additional hours to apply to the first claim made on or after September 27, 2020 (the October 4, 2020 claim), removing discretion to allocate them later; because the Appellant had only 221 hours in the qualifying period for the September 2021 claim and required 420, the appeal is dismissed.

Citation
2022 SST 45
Parties
Appellant: S. S.; Witness: D. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 January 2022
Procedural Posture
Employment Insurance / General Division Decision on Appeal From Reconsideration
Outcome
Appeal dismissed
Legal Topics
Hours of Insurable Employment, Qualifying Period, One Time Credit of Hours (s.153.17), Maternity and Parental Benefits, Statutory Interpretation, Reconsideration
Source Language
English
Employment Insurance Social Security Administrative Law Hours of Insurable Employment Qualifying Period One Time Credit of Hours (s.153.17) Maternity and Parental Benefits Statutory Interpretation +1 more

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Parties

S. S.

Appellant

D. S.

Witness

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision on Appeal From Reconsideration

Legal Issues

  1. 1 How an applicant qualifies for EI benefits
  2. 2 Which claim the one-time credit of additional hours is applied to
  3. 3 Whether the Appellant had sufficient hours to establish a new claim for maternity and parental benefits

Ratio Decidendi

Section 153.17(1) deems the additional hours to apply to the first claim made on or after September 27, 2020 (the October 4, 2020 claim), removing discretion to allocate them later; because the Appellant had only 221 hours in the qualifying period for the September 2021 claim and required 420, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Reconsideration decision of the Canada Employment Insurance Commission dated November 10, 2021 is maintained