# Can I keep the money if my unemployment appeal is still going on?

- Jurisdiction: Canada
- Practice area: Employment Law
- Published: 2026-11-04
- Last updated: 2026-11-04
- Canonical: https://lawasked.com/ca/employment-law/can-i-keep-money-if-my-unemployment-appeal

## Question

I am currently living in Canada and dealing with a really stressful situation regarding my unemployment benefits. Back in early January, my initial claim for benefits was denied because the office claimed I didn't have enough hours worked. I was devastated because I had been working full-time at my previous job for over a year. I immediately filed an appeal to challenge their decision, and after several weeks of waiting, the Board of Appeal finally ruled in my favour last Tuesday. They decided that I am indeed entitled to my payments. However, my former employer is still pushing back and has filed their own further appeal to contest this ruling, so the whole process isn't officially finished yet. The Board told me I could start receiving my weekly pay cheques of about $550 starting this Friday. My main worry is that if the final decision eventually goes against me later this year after all these extra rounds of appeals, will the government come after me to take all that money back? I need to know if I can safely use this money for my rent and groceries now, or if I am essentially taking a loan that I might have to repay if the final result changes.

## Summary

Yes, you can keep the money. Because the Board of Appeal ruled in your favour, your weekly payments of $550 are considered legally paid and cannot be taken back even if your employer wins their further appeal.

## Analysis

Based on the ruling you received last Tuesday, you can safely use your $550 weekly payments for your rent and groceries. Under the Employment Insurance Act, once the Board of Appeal allows a claim, the money becomes yours to keep even if the legal battle continues.

Specifically, the law states that "benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending" [1]. This means that because the Board has already ruled that you are entitled to benefits, the government must pay you while your former employer pursues their own appeal.

Furthermore, the law provides a safeguard against the government trying to claw back these specific funds later. The Act specifies that "any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant" [1]. In plain language, 'not recoverable' means the government cannot force you to pay the money back if the final decision eventually goes against you.

However, there is a specific exception to this protection. If the appeal being brought by your employer is specifically on the grounds that you should be disqualified under section 36 (which relates to certain types of misconduct or disqualifications), the rules regarding non-recoverability might change [2]. If the employer's appeal is based on a different reason, the protection remains. 

State, provincial, or local laws may add further rules regarding financial assistance; you should check with your local legal aid office or a community legal clinic.

## Statutory citations

- Employment Insurance Act, S.C. 1996, c. 23, s. 663 - Payment of benefit pending appeal [in force] (https://laws-lois.justice.gc.ca/eng/acts/E-5.6/index.html#s-663)
  > benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant
- Employment Insurance Act, S.C. 1996, c. 23, s. 114 - Payment of benefit pending appeal [in force] (https://laws-lois.justice.gc.ca/eng/acts/E-5.6/index.html#s-114)
  > Subsection (1) does not apply (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought... on the ground that the claimant ought to be disentitled under section 36

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