Employment Insurance Regulations

27 (1) Where an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I or VIII of the Act.

(2) Where an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative where the deceased person, at the time of death, met the requirements of Part I or VIII of the Act.

(3) For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.

(4) Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining

• (a) in the case of an intestate succession, letters of administration; or

• (b) in the case of a testate succession, probate of the will of the deceased person.

(5) The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include

• (a) a statutory declaration, signed by the applicant, stating that the applicant is a person entitled to succeed to the property of the deceased person; and

• (b) an undertaking signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.

(6) When making a claim for benefits referred to in subsection (4), the applicant shall also submit

• (a) a copy of the will of the deceased person, if one exists; and

• (b) a release of all claims in respect of the amount payable, signed by all persons other than the applicant, if any, who are entitled to succeed to the property of the deceased person.