Digest of Benefit Entitlement Principles Chapter 15 - Section 3
15.3.0 Qualifying period
The qualifying period is a maximum of 31-week period immediately preceding the commencement of a fishing benefit period.
- For a summer fishing claim, the earliest start date for the qualifying period is the week containing March 1
- For a winter fishing claim, the earliest start date for the qualifying period is the week containing September 1 Footnote 1 .
The maximum length of the qualifying period is 31 weeks counting back from the week prior to the beginning of the benefit period. It cannot also be part of a benefit period so if one had an earlier benefit period, the duration of the qualifying period could be shorter. There can be no extension Footnote 2 .
15.3.1 Length of the fishing benefit periods
The benefit period for a summer fishing claim extends from the week of October 1 to the week of June 15. The benefit period for winter fishing claim extends from the week of April 1 to December 15 Footnote 3 .
A benefit period for regular fishing benefits ends with the earlier of:
- the week in which the maximum number of benefits (26 weeks) has been reached; and
- the week in which the maximum duration of the benefit period as specified in the regulation Footnote 4 has been reached.
The benefit period cannot be extended while claiming regular fishing benefits Footnote 5 .
The benefit period can be extended to a maximum of 52 weeks in situations where special benefits are claimed Footnote 6 . For each week of special benefits claimed, the benefit period would be extended by one week up to a maximum of 52 weeks Footnote 7 .
15.3.2 Possible qualification for either summer or winter fishing claims
As the two qualifying periods and benefit periods overlap and cover a full year, situations may arise where the claimant has sufficient insured earnings to qualify for either winter or summer fishing benefits. The decision as to which fishing benefit period, summer or winter, is claimed rests with the claimant and the decision is not reversible.
15.3.3 Antedate and Administrative Rule
An antedate is required in order to start a fishing benefit period earlier than upon application. There are three specific criteria which must be met in order to be eligible for an antedate:
- an application must have been made;
- the fisher must qualify on the earlier date requested; and
- good cause for the delay in filing must be shown.
While antedates apply to initial claims only, there is also an administrative rule for both initial and renewal claims, where the claimant is deemed to have filed in a timely manner when the application for benefit is made no later than four (4) calendar weeks following the calendar week in which the fishing trip end date falls (in the case of a fresh catch) or in which the date of purchase occurs (cured catch).
Details on antedate and the administrative rule are contained in a separate chapter of this document Footnote 8 .
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