Section 13.1 — Employment Insurance Act: Presumption

For the purpose of determining a claimant’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero: the amount of the earnings, if any, that is greater than $50, if the claimant’s rate of weekly benefits is less than $200; or the amount of the earnings, if any, that is greater than 25% of the claimant’s rate of weekly benefits, if that rate is $200 or more. For the purpose of subsection (1), in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 19(2) is to be excluded; and a reference to earnings means earnings as determined for the purpose of subsection 19(2).