Employment Insurance Act

Marginal note:Payment of benefit pending appeal

• 121 (1) If a claim for benefits is allowed by a board of referees, benefits are payable in accordance with the decision of the board even though an appeal is pending, and any benefits paid under this section after the decision of the board of referees shall 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 was brought within 21 days after the day on which the decision of the board of referees was given and on the ground that the claimant ought to be disentitled under section 36; and

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