COVID-19 - CESB/CERB Eligibility + Immigration & Employment - - PowerPoint PPT Presentation

ACCESS TO LEGAL INFORMATION & SERVICES FOR THOSE WITH COMMUNICATION BARRIERS

COVID-19 - CESB/CERB Eligibility + Immigration & Employment Issues

May 28, 2020

A PROJECT OF

§ Taxable benefit of $1,250 for each 4-week eligibility period § $2000 for students with dependents and those with a disability through a benefit top-up (see slide six) § Runs from May to August 2020 § Re-apply every 4-weeks if eligible § Submit all applications before Sept 30, 2020 § Apply by phone or online § Direct deposit paid in 3 business days, cheque in about 10 business days

Canada Emergency Student Benefit (CESB)

A PROJECT OF

§ If you are able to work, you must be actively looking for work.* § You did not receive the CERB or EI benefits for the same eligibility period. § You are a Canadian citizen, registered Indian, permanent resident, protected person. § You are studying in Canada or abroad. § One of the following: § You are enrolled in a post-secondary program (at least 12 weeks long) that leads to a degree, diploma, or certificate from a recognized post-secondary institution. § You completed or ended your post-secondary studies in December 2019 or later. § You completed or expect to complete high school, or received, or expect to receive your high school equivalency in 2020, and have applied for a post- secondary educational program that starts before February 1, 2021 (you don’t have to be accepted – just applied and waiting!). § One of the following: § You are unable to work due to COVID-19. § You are looking for, but cannot find work due to COVID-19. § You are working during the pandemic, but your income from employment and self- employment is $1,000 or less (before taxes) during the 4-week eligibility period. *Sign up for Job Bank to track the jobs you apply for in case the gov’t asks for proof!

Who is eligible for the CESB?

A PROJECT OF

Protected Person: A person who received a positive decision on a refugee claim or pre-removal risk assessment.

Who is a protected person?

A PROJECT OF

§ Refugee claimants § International students, and § Anyone else who has a study permit but lacks permanent residence (such as individuals granted first-stage approval

• n an application for permanent residence on humanitarian

and compassionate grounds)

Who is not eligible for the CESB?

A PROJECT OF

If you meet all of the eligibility criteria, you may also be eligible for an extra $750 for each 4-week period IF at least one of the following applies: § You have a disability as defined for this benefit: § Any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent or episodic in nature, or evident (visible) or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. § You have at least one child under the age of 12 or other dependants: § A child (adopted child, stepchild, or foster child) who is under 12 years old and is completely dependent on the student, student’s spouse, or common-law partner for support, care, and upbringing. § A person with a disability who is completely dependent on the student, student’s spouse, or common-law partner for support, care, and upbringing.

What is the benefit top-up?

A PROJECT OF

Post-secondary students: § May 10 to June 6, 2020 § June 7 to July 4, 2020 § July 5 to August 1, 2020 § August 2 to August 29, 2020

What are the eligibility periods?

A PROJECT OF

High school students who completed or expect to complete high school/high school equivalency between: § January 1-May 9, 2020: can apply for all four eligibility periods § May 10-June 6, 2020: can apply for three eligibility periods, starting on June 7 § June 7-Dec 31, 2020: you can only apply for 2 eligibility periods, starting July 5

What are the eligibility periods?

A PROJECT OF

§ You must return or repay the CESB if you: § Are able to find work and are earning more than $1,000 (before taxes) during an eligibility period you’ve applied for § Applied for CESB and later found that you are not eligible § Received more than what you are entitled to

When should you return or repay the CESB?

A PROJECT OF

§ Alba is an international student from El Salvador. She has a nine-year-old daughter and is a single mother. Alba has epilepsy and occasionally suffers from

• seizures. Alba will begin her third year of studies at the

University of Ottawa in September, but she is having trouble finding a summer job due to COVID-19. She is making $800 a month right now teaching Spanish

• remotely. This is nowhere near enough to support

herself and her daughter. Does she qualify for the CESB?

Is Alba eligible for the CESB?

A PROJECT OF

§ Single payment of $2,000 every 4 weeks up to max of 16 weeks § Available from March 15-Oct 3, 2020 (can apply no later than Dec 2, 2020) § Not taxable at source, but must report as income in 2020 tax year § Re-apply every 4-weeks if still eligible § Individual family members can apply if they meet eligibility criteria § Can apply regardless of job type (full-time, part-time, self- employed) and whether or not you qualify for EI § Must reside in Canada to apply, but income can be earned elsewhere § Do not need a Record of Employment (ROE)

Canada Emergency Response Benefit (CERB)

A PROJECT OF

Eligibility Criteria:

§ You did not apply for, nor receive, CERB or EI benefits from Service Canada for the same eligibility period (see below) AND § You reside in Canada AND § You are at least 15 years of age or older AND § You have a valid Social Insurance Number (SIN) AND § You did not quit your job voluntarily AND § You have stopped working due to reasons related to COVID-19*, or are eligible for EI regular benefits or EI sickness benefits, or have exhausted your EI regular benefits or EI fishing benefits between December 29, 2019 and October 3, 2020 AND § In 2019, or in the last 12 months, you had a total income of at least $5,000 from employment, self- employment, or EI maternity or parental leave benefits AND § If you are applying for the first time, you cannot have earned more than $1,000 (before taxes) in employment and/or self-employment income for 14 or more days in a row during the 4-week benefit period AND § When re-applying for another period, you cannot have earned more than $1000 (before taxes) in employment and/or self-employment income during the entire 4-week benefit period (Will be verified against tax records).

*Reasons include: you lost your job, or you are sick or in quarantine, or you are taking care of others because they are sick or in quarantine, or you are caring for children or other dependents because their care facility is closed.

Who is eligible for the CERB?

A PROJECT OF

§ Eligibility is based on the requirement to have a “valid” SIN § Permanent residents are eligible for a permanent valid SIN; they don’t have to submit proof of permanent residence to apply for CERB. § Anyone without permanent residence is eligible for a SIN if they have a valid work permit. Their temporary SIN will start with the number 9. § A temporary SIN is only valid as long as the individual’s work permit is valid.

Does Immigration status impact CERB eligibility?

A PROJECT OF

§ For example, temporary foreign workers, refugee claimants, accepted refugees, failed claimants who are appealing to the Refugee Appeal Division, some international students, and failed refugee claimants (who have continued to renew their initial work permit) may all qualify for CERB IF they have a valid work permit and SIN.

Does Immigration status impact CERB eligibility?

A PROJECT OF

§ It doesn’t matter whether someone has a valid visa or particular form of status; what matters is that they have a valid work permit and valid SIN. § In some cases, a person without status may qualify, such as if their refugee claim and refugee appeal were denied but they continued to successfully renew the initial work permit they obtained as a refugee claimant. § Individuals from countries for which Canada has a Temporary Suspension of Removals or Administrative Deferral of Removals (countries to which Canada is not deporting people) may also obtain a work permit and thus a SIN even if they have no status.

Can you apply for CERB without legal status?

A PROJECT OF

§ For those not-yet permanent residents, working without a work permit means they are working without

• authorization. Such individuals do not have a valid SIN

and thus do not qualify for CERB. § They may be able to apply for Ontario Works.

What if you were working without a work permit?

A PROJECT OF

§ When someone’s removal order comes into force, they are expected to leave Canada. Their work permit becomes invalid at that time. § They are therefore not eligible for CERB. § This is a problem right now because Canada has put a pause on deportations and individuals under enforceable removal orders could be here for months with no CERB access, even if they previously held a valid work permit.

What if you are under an enforceable removal order?

A PROJECT OF

§ You have “implied status” if you submit an application to renew your work permit before your current work permit expires. This means that you have the legal right to keep working even though your current work permit and SIN expired. § However, if you wait to apply for a new work permit until after your current work permit has expired, then you do not have “implied status” and are working without authorization. § The problem is that someone with implied status technically has an expired SIN, since their SIN is only valid so long as their work permit is valid. § Another problem is that new work permits are taking months to be processed and some people cannot renew their work permit at all because they must submit fingerprints which they cannot obtain right now.

What if your work permit expired?

A PROJECT OF

§ Eligibility for CERB requires a “valid” SIN. Therefore, under a literal reading of the law, individuals with “implied status” are ineligible for CERB because they don’t have a valid SIN. § This is likely not how the law was meant to operate and all individuals who were working legally should have access to CERB. § However, front-line workers should advise clients that, depending on how CRA interprets the law, there is always the chance that someone with “implied status” could be required to pay back the CERB. § But if they later receive their work permit, they can challenge any claw back based on only having “implied status”.

Conclusion on Implied Status

A PROJECT OF

§ Employment Standards Act amended on March 19, 2020, to include an unpaid, job-protected infectious disease emergency leave § Retroactive to January 25, 2020 § Only disease for which it applies at this time is COVID § IDEL does not have to be taken consecutively – it can be taken in part days, full days, or for more than

• ne day

§ Employer is not obligated to pay while on IDEL

What is Infectious Disease Emergency Leave (IDEL)?

A PROJECT OF

§ You can take IDEL if you are unable to fulfill the duties of your position for any of these reasons: § You are under medical investigation, supervision or treatment for COVID-19 § You are following a COVID-19 related order under the Health Promotion and Protection Act § You are in quarantine, isolation, or subject to a control measure, and the quarantine, isolation, or control measure was issued by: a public health official, a nurse or doctor in Ontario, Telehealth Ontario, the Government of Ontario or Canada, a municipal council, or a board of health § You are directed to self-isolate by your employer due to a genuine concern that you might expose others in the workplace to COVID-19 § You are providing care to a family member due to COVID-19 § You are caring for children whose school or daycare closed because of COVID. § You are abroad and unable to travel back to Ontario due to travel restrictions

Who can take IDEL?

A PROJECT OF

§ You can provide care or support to any of these individuals because of a matter related to COVID-19: § your spouse (of the same or opposite sex, whether or not married) § a parent, step-parent or foster parent of the employee or the employee’s spouse § a child, step-child or foster child of the employee or the employee’s spouse § a child who is under legal guardianship of the employee or the employee’s spouse § a brother, step-brother, sister or step-sister of the employee § a grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse § a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee § a son-in-law or daughter-in-law of the employee or the employee’s spouse § an uncle or aunt of the employee or the employee’s spouse § a nephew or niece of the employee or the employee’s spouse § the spouse of the employee’s grandchild, uncle, aunt, nephew or niece § a person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met (currently there are no prescribed conditions) § any individual prescribed as a family member for the purposes of this section (currently, there are no additional prescribed family members)

Who can you provide care and support to?

A PROJECT OF

You are generally entitled to the same rights as a person who takes pregnancy

• r parental leave.

What are your rights?

A PROJECT OF

§ You should tell your employer, in writing or orally, before starting IDEL. § If advance notice cannot be given, you should inform your employer as soon as you can after starting IDEL. § Note: you do not lose your right to take IDEL if you fail to tell your employer about your leave.

Do you have to give your employer notice?

A PROJECT OF

§ You are not required to provide your employer with a medical note from a nurse or doctor to justify your need for IDEL. § However, your employer can ask you for evidence of your eligibility for IDEL that is reasonable in the circumstances and at a time that is reasonable in your situation (in the future).

Can my employer ask me for a medical note?

A PROJECT OF

§ There is no maximum IDEL days. § You have the right to take IDEL only for as long as the event that triggered your entitlement to this leave lasts. After the triggering event is over, you are obligated to return to work. § You also must return to work once COVID-19 stops being a designated infectious disease.

How long can I take IDEL?

A PROJECT OF

§ Karine is currently at home with her two children after accepting a temporary layoff from her employer due to COVID-19. She has been receiving CERB. Her boss just called to ask her to come back to work in a week, but Karine has no childcare options and her son’s school is

• closed. What can she do?

Scenario #1

A PROJECT OF

§ Ivan lives with an immunocompromised roommate (they are not related). Ivan’s employer recently notified him that they will be reopening their business soon. Ivan is nervous about returning to work because he does not want to compromise his roommate’s health and safety. What should Ivan do?

Scenario #2

A PROJECT OF

§ Bashir works two jobs. He lost one job due to COVID-19, but his other job pays more than $1000/month. Can he apply for CERB or EI? If not, what are his options?

Scenario #3

Notes – CESB/CERB Eligibility + Immigration & Employment webinar What is a recognized post-secondary institution? Courses taken at a university or college level, or secondary level vocational training in Quebec. § Educational institutions listed on: § Master List of designated educational institutions § Master List of certified educational institutions § Quebec’s directory of educational institutions and programs (universities, colleges, and secondary level vocational training) § Indigenous institutions recognized by their province. How to return CESB payments § CESB payments can be returned online or by mail: https://www.canada.ca/en/revenue-agency/services/benefits/emergency-student- benefit/cesb-return-payment.html. Conclusion on Implied Status + CERB eligibility § You are eligible for CERB if you: § Worked with a valid work permit + had a valid SIN tied to that work permit and § Still have a valid SIN at the time you apply for CERB. Important resources https://www.canada.ca/en/revenue-agency/services/benefits/emergency-student- benefit/cesb-who-apply.html https://www.canada.ca/en/services/benefits/ei/cerb-application/questions.html https://www.ontario.ca/document/your-guide-employment-standards-act- 0/infectious-disease-emergency-leave