Helping Families in Need Act (S.C. 2012, c. 27)
Full Document:
Assented to 2012-12-14
14. (1) Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) because the claimant is providing care or support to one or more critically ill children described in subsection 23.2(1), is 35.
Marginal note:2009, c. 33. s. 6
(2) Subsection 12(4.1) of the Act is replaced by the following:
Marginal note:Maximum — compassionate care benefits
(4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is six weeks during the period of 26 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).
Marginal note:2003, c. 15, s. 17(3)
(3) Subsection 12(5) of the Act is replaced by the following:
Marginal note:Maximum — critically ill child
(4.4) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(3)(a).
Marginal note:Maximum — critically ill children
(4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same children who are critically ill as a result of the same event, the maximum number of weeks of benefits payable under this Act in respect of those children is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(4)(a).
Marginal note:Combined weeks of benefits
(5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 10(15) less two weeks.
15. Section 18 of the Act is renumbered as subsection 18(1) and is amended by adding the following:
Marginal note:Exception
(2) A claimant to whom benefits are payable under section 23 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine.
16. Subsection 21(2) of the Act is replaced by the following:
Marginal note:Limitation
(2) If benefits are payable to a claimant as a result of illness, injury or quarantine and any allowances, money or other benefits are payable to the claimant for that illness, injury or quarantine under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed.
Marginal note:2003, c. 15, s. 18
17. Subsections 23(3.2) to (3.4) of the Act are replaced by the following:
Marginal note:Extension of period — special benefits
(3.2) If, during a claimant’s benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (e),
(c) the maximum total number of weeks established for those reasons is greater than 50, and
(d) benefits were paid for the reason mentioned in paragraph 12(3)(b) but for fewer than the maximum number of weeks established for that reason,
the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks referred to in paragraph 12(3)(b).
Marginal note:Limitation
(3.3) An extension under subsection (3.2) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 10(15).
Marginal note:Limitation
(3.4) An extension under any of subsections 10(10) to (13) must not result in the period referred to in subsection (2) being longer than 104 weeks.
18. The Act is amended by adding the following after section 23.1:
Marginal note:Benefits — critically ill child
23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant, who is the parent of a critically ill child, in order to care for or support that child if a specialist medical doctor has issued a certificate that
(a) states that the child is a critically ill child and requires the care or support of one or more of their parents; and
(b) sets out the period during which the child requires that care or support.
Marginal note:Medical practitioner
(2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.
Marginal note:Weeks for which benefits may be paid — child
(3) Subject to subsection (4) and section 12, benefits under this section are payable for each week of unemployment in the period
(a) that begins on the first day of the week in which either of the following falls:
(i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (1) and is filed with the Commission, or
(ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and
(b) that ends on the last day of the week in which any of the following occurs:
(i) all benefits payable under this section in respect of the child are exhausted,
(ii) the child dies, or
(iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Weeks for which benefits may be paid — children
(4) Subject to section 12, if more than one child of the claimant is critically ill as a result of the same event, benefits under this section are payable for each week of unemployment in the period
(a) that begins on the first day of the week in which either of the following falls:
(i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (1) and is filed with the Commission, or
(ii) in the case of a claim that is made before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and
(b) that ends on the last day of the week in which any of the following occurs:
(i) all benefits payable under this section in respect of the children are exhausted,
(ii) the last of the children dies, or
(iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Exception
(5) Subparagraph (3)(a)(ii) or (4)(a)(ii) does not apply to a claim if
(a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;
(b) the beginning of the period referred to in subsection (3) or (4), as the case may be, has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or
(c) the claim is made in any other circumstances set out in the regulations.
Marginal note:Deferral of waiting period — child
(6) Subject to subsection (7), a claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if
(a) another claimant has made a claim for benefits under this section or section 152.061 in respect of the same child during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;
(b) another claimant is making a claim for benefits under this section or section 152.061 in respect of the same child at the same time as the claimant and that other claimant elects to serve their waiting period; or
(c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.061 in respect of the same child, meets the prescribed requirements.
Marginal note:Deferral of waiting period — children
(7) A claimant who makes a claim for benefits under this section — and more than one of whose children is critically ill as a result of the same event — may have their waiting period deferred until they make another claim for benefits in the same benefit period if
(a) another claimant has made a claim for benefits under this section or section 152.061 in respect of the same children during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;
(b) another claimant is making a claim for benefits under this section or section 152.061 in respect of the same children at the same time as the claimant and that other claimant elects to serve their waiting period; or
(c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.061 in respect of the same children, meets the prescribed requirements.
Marginal note:Division of weeks of benefits
(8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.061 in respect of the same child or the same children who are critically ill as a result of the same event, any remaining weeks of benefits payable under this section, under section 152.061 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Marginal note:Maximum divisible number of weeks
(9) For greater certainty, if, in respect of the same child or the same children who are critically ill as a result of the same event, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.061, the total number of weeks of benefits payable under this section and section 152.061 that may be divided between them must not exceed 35 weeks.
Marginal note:Limitation — compassionate care benefits
(10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or (4) or 152.061(3) or (4) that is established in respect of that child.
Marginal note:Limitation
(11) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.
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