Digest of Benefit Entitlement Principles
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15.11.0 Fishing insured earnings on a regular non-fishing claim
Where a claimant qualifies for a regular non-fishing claim, the fishing earnings that fall in the qualifying period can be used in the calculation of the benefit rate. However, fishing earnings do not impact the divisor.
Furthermore, a conversion formula based on the minimum wage is necessary to convert fishing earnings into weeks or hours of insurable earnings for the purpose of determining how many weeks of benefits can be received. The same formula is used in other instances when conversion is necessary, for example, in determining hours of labour force attachment Footnote 1 .
The number of weeks/hours is determined by converting the insured fishing earnings to:
- hours of insurable employment as a fisher by dividing those earnings in the qualifying period by the minimum wage, or
- weeks of insurable employment as a fisher by dividing those earnings in the qualifying period by the product of the minimum wage multiplied by 35 Footnote 2 .
If the date of delivery of a catch falls within the qualifying period of a regular non-fishing claim, the insured earnings of the fisher from employment as a fisher are allocated equally to each day of the fishing trip and earnings for any day falling outside the qualifying period are not be included in the calculation of the benefit rate Footnote 3 .
A week of insurable employment as a fisher, as determined by the conversion of fishing earnings to weeks in the second paragraph above, represents a week of participation in the labour force for the purpose of determining whether the claimant is a new entrant/re-entrant Footnote 4 .
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