Employment Insurance Regulations (SOR/96-332)

93 (1) An insured person who does not qualify to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person

• (a) has had an interruption of earnings from employment; and

• (b) has had 600 or more hours of insurable employment in their qualifying period.

(2) Notwithstanding section 9 of the Act, where an insured person who qualifies under subsection (1) to receive special benefits makes an initial claim for benefits, a benefit period shall be established in respect of the person and, once it is established, special benefits are payable to the person in accordance with this section for each week of unemployment that falls in the benefit period.

(3) Subject to subsection (4), sections 22 to 23.3 of the Act apply to the payment of special benefits under this section.

(4) Notwithstanding section 18 of the Act, a claimant is not entitled to be paid special benefits for a working day, in a benefit period established under this section, in respect of which the claimant fails to prove that on that day the claimant was

• (a) unable to work because of an illness, injury or quarantine referred to in subsection 40(4) or (5) and that the claimant would otherwise be available for work; or

• (b) entitled to benefits under section 22, 23, 23.1, 23.2 or 23.3 of the Act.

(4.1) A claimant to whom benefits are payable under any of sections 23 to 23.3 of the Act and whose claim for benefits because of illness, injury or quarantine is made for a week that begins on or after the day on which this subsection comes into force is not disentitled under paragraph (4)(a) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine.

(5) Subject to section 18 of the Act, regular benefits and additional special benefits are payable for a week of unemployment to a claimant who has received special benefits under this section where

• (a) the claimant has accumulated, since the beginning of their benefit period, a number of hours of insurable employment that, when added to the number of those hours in their qualifying period, equal or exceed the number of hours set out in the table to subsection 7(2) of the Act in relation to the regional rate of unemployment that was applicable to the claimant at the beginning of their benefit period; and

• (b) any regular benefits or additional special benefits are payable to the claimant in that benefit period in accordance with the Act, based on the hours of insurable employment in the claimant's qualifying period.

(6) Except as otherwise provided in this section, the provisions of the Act and these Regulations apply to claimants claiming benefits under this section.