Employment Insurance Act

Marginal note:Payment of benefit pending appeal

• 114 (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act or the Employment Insurance Board of Appeal established under section 43.01 of that Act, benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

• Marginal note:Exception

  (2) Subsection (1) does not apply

  • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal or the Employment Insurance Board of Appeal, as the case may be, was given and on the ground that the claimant ought to be disentitled under section 36; and

  • (b) in any other case that the Commission may, with the approval of the Governor in Council, prescribe by regulation.