Digest of Benefit Entitlement Principles

Chapter 15 - Section 2

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15.2.0 Qualification based on earnings

A fundamental requirement to qualify for a fishing claim is that a fisher must not qualify for a non-fishing claim. In the event that sufficient insurable hours from non-fishing employment allow for the establishment of a non-fishing claim, the fisher may not choose the type of claim they wish to receive–a non-fishing claim must be established Footnote 1 .

Fishers require $2,500 to $4,200 earnings from self-employment in fishing to qualify for fishing benefits depending upon the regional rate of unemployment Footnote 2 .

New entrants and re-entrants require $5,500 earnings from self-employment in fishing in the qualifying period Footnote 3 .

New entrants and re-entrants to the labour force are defined as those with less than $3,000 in earnings from self-employment in fishing in the 52 weeks preceding the beginning of the qualifying period, or less than the equivalent of 14 weeks (490 hours) made up of: self-employment in fishing; fishing benefits; approved training relating to fishing; receipt of workers compensation or other prescribed hours/weeks relating to fishing Footnote 4 .

Furthermore, re-entrants who have received one full week or more of maternity or parental benefits in 208 weeks preceding the 52 weeks prior to the qualifying period (known as the labour force attachment period) are not considered to be re-entrants Footnote 5 and qualify for fishing benefits as regular qualifiers.

15.2.1 Violations and fishing claims

Violations are counted and applied to fishing claims in the same manner as for non-fishing claims. Fishing claims are subject to the increased entrance requirements Footnote 6 with modifications, as circumstances require for fishing benefits.

The amount of insurable earnings that a claimant, other than a new entrant or re-entrant requires to qualify for fishing benefits is increased to the amount provided in the Regulations Table Footnote 7 , where the claimant accumulated one or more violations in the 260 weeks before making an initial claim for benefits.

The amount of insurable earnings that a claimant who is a new entrant or re-entrant to the labour force requires to qualify for fishing benefits is increased to the amount provided in the Regulations Table Footnote 8 , where the claimant accumulates one or more violations in the 260 weeks before making an initial claim for benefits.

Once the violation is used to increase entrance requirements on two initial claims for fishing benefits, the claimant is relieved of the violation and its impact on the entrance requirements for subsequent claims Footnote 9 .

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