Digest of Benefit Entitlement Principles Chapter 24 - Section 21

24.21.0 Reconsideration, amendment of a decision, error correction and appeals

24.21.1 Introduction

The EI Act contains specific parameters for reconsideration of a previous decision on a claim for benefits. It tells the Commission it must determine the source or the issue prompting the reconsideration and, once determined, apply the legislative rules accordingly. This is the case with respect to the receipt of an appeal.

The legislation and principles covering the issues of reconsideration, amendment of a decision and error correction are found in Chapter 17 of the Digest Footnote 1 and apply to self-employment special benefit claimants in the same manner as for all other claimants.

24.21.1.1 Limitation: Recourse with regard to effective date of and/or termination of agreement for self-employed persons

The effective date of an agreement with the Commission is the date the agreement was entered into and the effective termination date is December 31st of the year the notice of termination was filed, unless the notice of termination was filed within 60 days of the initial registration or benefits were paid to the self-employed person Footnote 2 . There are no provisions in the EI Legislation to backdate the date an agreement was entered into or the date it was terminated. Accordingly, there are no appeal rights under the EI legislation relative to any dispute concerning the effective date of the agreement or the termination date of the agreement with the Commission.

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