Digest of Benefit Entitlement Principles - Chapter 3 - Section 2

3.2.0 Required conditions for antedate

In accordance with section 10(4) of the act, when a request for an antedate of an initial claim is made, it may be allowed when the claimant is able to prove that they qualified to receive benefits on the earlier day and that they had good cause for the delay in making their claim, throughout the entire period of the delay. The claimant must be able to establish a claim for benefits at the earlier date, otherwise a request to antedate the claim cannot be allowed . If the claimant does not qualify at the requested date, but they meet the qualifying conditions on a later date, the antedate can be considered as of the date the qualifying conditions are met.

For renewal or continuing claims, the claimant need only show good cause for the delay throughout the entire period. They are not required to show they qualify to establish a claim on the earlier date, in order for the late claim to be accepted (EI Act 10(5)).

3.2.1 Good cause

As previously mentioned, claimants who request an antedate must show good cause for not filing in a timely manner. Jurisprudence has held that good cause is simply doing what a reasonable person would do to satisfy themselves as to their rights and responsibilities under the act. Therefore, an individual who makes the assumption that they do not qualify (FCA A-690-94 and FCA A-706-94), is indifferent or lacks concern as to their circumstances (FCA A-106-10, CUB 74046; CUB 53568), or makes no effort to enquire about their rights and responsibilities,(FCA A-548-12, CUB 41494), would not be considered to have good cause because they cannot be said to have acted as a reasonable person would have (FCA A-242-05; CUB 63270).

Good cause, subject to the section below, must be shown to have existed throughout the whole period of the delay. It is not necessary to account for every single day but it must be readily concluded that there was good cause without any break, for the whole period. Furthermore, the reason for the delay need not be the same throughout the period. There may be several reasons, provided each one amounts to good cause.

There can be no part-way positions based on, for example, mitigating circumstances saying that the claimant had some justification for the delay, even if good cause was not present. There can only be one decision–either there was good cause or there was not (FCA A-93-09, CUB 71716).

3.2.2 Good cause for part of the period

There will be times when the reason given for the delay in making the claim amounts to good cause but for only part of the period being considered (CUB 46459). In these situations, the deciding factor is whether or not good cause exists for the part of the delay that immediately precedes the day on which the initial claim was actually made. If so, antedating can be applied to the first day of the period of the delay for which there was good cause. If not, there can be no antedate. Antedating cannot be approved for a period where there is good cause when that period is followed by a period for which good cause does not exist.

3.2.3 Onus of proof

The language of the act requiring that good cause be shown for the delay in making a claim places the onus of proof on the claimant (FCA A-549-92 and FCA A-395-85; EI Act 10(4) & (5)). Often, the question will resolve itself into a matter of credibility. In cases where doubt remains, even after full particulars have been provided, it will be considered that the claimant failed to prove good cause.

3.2.4 Disqualification/disentitlement/allocation of earnings

A disqualification, a disentitlement, or an allocation of earnings which may apply for part or all of the period of the antedate, does not prevent allowing an antedate, if all other conditions are met (FCA A-644-93; FCA A-1049-88 and CUB 15799; FCA A-175-87).

[January 2019]

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