In other words, the effective date of a renewal will be the Sunday of the week prior to the week of application, provided it is to the claimant's advantage to do so. He telephoned his local field office four times, requesting information about unemployment insurance benefits, explaining that he was no longer able to do his usual work but had been released to do light work. After this grace period, each week of delay in filing a claim may shift the qualifying period forward one week. The Board found that he had acted as a reasonable person would under the circumstances because he was unaware of the EI program and contacted the Commission immediately to find out information. The claimant drew unemployment benefits and got a job. The abysmal amount of time my wife could take off after having our daughter was one of the biggest things to lead to her post-partum stress. The Board did not take into account the attempt that the claimant made at using the Teledec system. The Legislation The time prescribed in the legislation for the filing of weekly reporting cards is, during a continuing claim, within three weeks of the week for which benefit is claimed. Antedating is applicable to initial, renewal, or continuing claims and to all claim types. The prompt filing of claims for benefit is a basic requirement for the proper administration of the Employment Insurance Act that states specifically that: To prevent him receiving benefits would be to impose a very restrictive approach to the interpretation of reasonableness. The claimant delayed filing for two years because he decided that he was ineligible; he did not inquire of the Department regarding his eligibility.
The Umpire mentioned that the delay was in a short period of time, the stress following the personal crisis in his life, his belief that he was eligible due to him being dismissed the day after his sister passed away and that he applied immediately after he found out that he qualified. The Commission appealed this decision because they felt that the claimant had not shown good cause. The weeks subsequent to the untimely continued claim meet the time requirements. The claim has been abandoned. The Umpire felt that the claimant in this case acted in good faith and conducted himself as a reasonable person would have by relying on instructions from his employer. Simple ignorance of the requirements of the EI Act has not been considered good cause either, though reasonable reliance on bad advice from the employer, union, a legal advisor or the Commission itself usually meets the requirements. However, "good cause" does not include negligence, carelessness, or procrastination, in the absence of circumstances excusing these causes for delay. What this means is, when an initial claim is filed in the week in which the interruption of earnings occurs, the benefit period will begin on the Sunday of that week; otherwise the benefit period begins on the Sunday of the week in which the application is filed, subject to the administrative policy Footnote 2. However, during this time, the claimant was going through significant hardship as she was tending to her ill father. The claimant quit work on Friday, January 8, in order to provide emotional support and comfort for a parent who was dying. The unemployment rate that applies to employee EI claims is based on the region where employees live, at the time a claim is established. Therefore, it may be better for a claimant to terminate an existing benefit period prior to its expiration and establish a new one, in order to use working periods during the benefit period that may improve his or her benefit rate orattachment. An initial claim for benefits made after the day when the claimant was first qualified to make the claim shall be regarded as having been made on an earlier day if the claimant shows that the claimant qualified to receive benefits on the earlier day and that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the initial claim was made Footnote 3. Although the claimant had personal problems he still had opportunity to contact the Commission. If the claimant's version had been accepted by the majority, there would be no question that the claimant had done everything that he felt he had to do. Benefits for the two weeks on the untimely continued claim are properly denied based UI Code Section a and P-B One of these purposes is to assure prompt payment of benefits to claimants who attend to their benefit claims with reasonable diligence. It is given and common sense that a person in the claimant's position would have numerous things to do within a short span of time. Although the EI benefits have to be shared within a couple, the time off allowed does not have to shared. The Board requests the Commission re-examine Exhibit 9 to determine if the claimant can receive extended benefits. It cannot be said that he did not act as a reasonable person would have in the same circumstances, but in actuality, the claimant had taken all the reasonable steps to file his claim and inform himself of his rights. In determining good cause all the surrounding circumstances must be considered. The claimant's father had picked up an application form in October but didn't apply for benefits until December. Now, if a claimant has other valid reasons which may happen to include ignorance of his entitlements to benefits, he will still enjoy the benefit of the antedating provisions so long as he can demonstrate that he acted in a reasonable manner to satisfy himself as to his rights and obligations under the Act. The Board acted without regard for the evidence before it, namely the C. The Board felt that by the claimant applying within 30 days of receiving his ROE, had shown good cause for his delay.
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