Transitional Assistance Benefit Regulations (SOR/65-410)

• 14 (1) Where, in relation to an application for transitional assistance benefits, an employee or any person on his behalf makes a statement or representation that he knows to be false or misleading, an insurance officer may declare the employee to be disqualified from receiving transitional assistance benefits for not more than the first six of the weeks described in subsection (2) that occur after such day as the insurance officer may determine.

• (2) For the purposes of subsection (1), a week described in this subsection is a week in respect of which an employee

  • (a) makes a claim for transitional assistance benefits in the prescribed manner; and

  • (b) would, but for this section, be entitled to receive transitional assistance benefits.

• (3) Where, pursuant to section 65 of the Unemployment Insurance Act, an employee is disqualified from receiving unemployment insurance benefits in any week during a transitional assistance benefit period, then notwithstanding the provisions of section 9, the amount of transitional assistance benefits payable shall not be greater than the amount that would have been paid if the disqualification had not been imposed and the unemployment insurance benefits had been fully paid.

Payment of Benefits

• 15 (1) Subject to these Regulations, where an employee in respect of whom a transitional assistance benefit period has been established proves that he was unemployed and not entitled to a retirement pension under the Canada Pension Plan or the Quebec Pension Plan during any week in the transitional assistance benefit period, he is entitled, commencing with the week in which he makes an application for transitional assistance benefits and makes a claim for unemployment insurance benefits, if an unemployment insurance benefit period is then established with respect to him, to be paid transitional assistance benefits in respect of his unemployment during that week.

• (2) Where an unemployment insurance benefit period of an employee terminates prior to the termination of a transitional assistance benefit period of the employee, transitional assistance benefits continue to be payable to him in accordance with these Regulations but shall not be paid if the employee is able to establish a new unemployment insurance benefit period and fails to do so.

• (3) The provisions of section 57 of the Unemployment Insurance Act and the Regulations relating thereto apply mutatis mutandis to these Regulations.

16 An employee shall not be paid transitional assistance benefits for the first week of his transitional assistance benefit period.

Deduction of Earnings

• 17 (1) There shall be deducted from the transitional assistance benefits payable to an employee for any week an amount equal to the amount by which the aggregate of the employee’s earnings for that week added to his maximum benefit entitlement exceeds the lesser of

  • (a) seventy-five per cent of his previous earnings; or

  • (b) the aggregate derived by adding to his maximum benefit entitlement the earnings that, under the Schedule to section 56 of the Unemployment Insurance Act, are not deducted from his weekly benefit under that Act.

• (2) [Repealed, SOR/69-30, s. 7]

• (3) Determination and allocation of earnings for purposes of this section shall be made on the basis prescribed in sections 172 and 173 of the Unemployment Insurance Regulations.

Procedure

18 The Commission shall administer these Regulations on behalf of the Minister and shall

• (a) receive applications from employees named in a certificate for the purpose of determining eligibility of the employees to receive transitional assistance benefits;

• (b) determine the eligibility of such employees to receive transitional assistance benefits, and the amount and duration of the transitional assistance benefits payable to each such employee;

• (c) pay transitional assistance benefits and, subject to these Regulations, make recovery of overpayments of transitional assistance benefits and of amounts paid pursuant to these Regulations to any person not entitled thereto;

• (d) provide information to the Board when required; and

• (e) make such reports to the Minister concerning the administration of these Regulations as he may require.

19 Sections 145 to 148 of the Unemployment Insurance Regulations apply mutatis mutandis to applications made under these Regulations.

20 Where an employee submits an application for transitional assistance benefits on a day later than the day on which he was first qualified to make the application and shows good cause for the delay, the application may, in the manner and to the extent prescribed in section 150 of the Unemployment Insurance Regulations, be regarded as having been submitted on a day earlier than the day on which it was submitted.

21 All claims for transitional assistance benefits and all questions arising in connection therewith shall be submitted to an insurance officer.

• 22 (1) An insurance officer shall consider applications submitted to him under these Regulations and,

  • (a) if he is of the opinion that a transitional assistance benefit period has been established, he shall so declare, or

  • (b) if he is of the opinion that a transitional assistance benefit period has not been established, he shall

    • (i) declare that a transitional assistance benefit period has not been established on the ground that one or more of the requirements of these Regulations have not been complied with, or

    • (ii) refer the application, if practicable, within fourteen days from the day on which the application was submitted to him to a Board of Referees for its decision.

• (2) Notwithstanding that a transitional assistance benefit period has been established, if an insurance officer is not satisfied that an employee has fulfilled all the other conditions of qualification for transitional assistance benefits or if he is of the opinion that the employee is or was disqualified from receiving transitional assistance benefits, he shall

  • (a) declare the employee to be disqualified from receiving transitional assistance benefits for such days as he may determine, on the ground that

    • (i) the employee is disqualified under these Regulations, or

    • (ii) the employee does not fulfil one or more of any of the conditions or requirements of these Regulations; or

  • (b) refer the application, if practicable, within fourteen days from the day on which the application was submitted to him, to a Board of Referees for its decision.

• (3) Where an employee has been declared disqualified under paragraph (a) of subsection (2) for any days, there shall be deducted from the transitional assistance benefits otherwise payable to him in respect of the week in which such days fall, an amount equal to one-sixth of the product obtained by multiplying the total number of such days in the week by the weekly transitional assistance benefit of that employee, but if the amount so calculated is not a multiple of one dollar, the amount shall be rounded to the nearest dollar and a half dollar shall be rounded to a full dollar.

Appeals

• 23 (1) A Board of Referees has power to consider and determine appeals from decisions made under these Regulations by insurance officers and matters referred to it under these Regulations by insurance officers and an appeal lies from decisions of a Board of Referees on any such appeal or reference to the Umpire or any Deputy Umpire appointed under the Unemployment Insurance Act.

• (2) Sections 70 to 82 of the Unemployment Insurance Act and sections 177 to 187 of the Unemployment Insurance Regulations apply mutatis mutandis to these Regulations.

General

• 24 (1) Where an employee has received transitional assistance benefits for any period in respect of which he is disqualified or to which he is otherwise not entitled, he is liable to repay an amount equal to the amount so received by him.

• (2) Notwithstanding subsection (1), section 175 of the Unemployment Insurance Regulations applies mutatis mutandis to transitional assistance benefits paid to employees not entitled thereto.

25 Transitional assistance benefits are not capable of being assigned, charged, attached, anticipated or given as security and any transaction purporting to assign, charge, attach, anticipate or give as security any transitional assistance benefits is void, except that any amounts payable or repayable under these Regulations by any employee may be recovered out of any transitional assistance benefits payable to that employee, without prejudice to any other mode of recovery.

26 Where not inconsistent with these Regulations, the relevant provisions of the Unemployment Insurance Act and the Unemployment Insurance Regulations apply mutatis mutandis to these Regulations.