BH v Minister of Employment and Social Development

BH v Minister of Employment and Social Development

Because the deceased's contributory period required at least ten years and she had only four years of CPP contributions on record, and the CPP does not permit partial payments or discretionary exceptions, the estate is not entitled to the CPP death benefit.

Citation
2021 SST 86
Parties
Appellant (claimant): B. H.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 January 2021
Procedural Posture
Canada Pension Plan Death Benefit Appeal / General Division Income Security Section Decision
Outcome
Appeal dismissed; estate not entitled to CPP death benefit.
Legal Topics
CPP Death Benefit, Contributory Period, Eligibility, Record of Earnings, Statutory Interpretation, Remedies
Source Language
English
Social Security Pensions Administrative Law Canada Pension Plan CPP Death Benefit Contributory Period Eligibility Record of Earnings +2 more

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Parties

B. H.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Death Benefit Appeal / General Division Income Security Section Decision

Legal Issues

  1. 1 Whether the deceased met the minimum qualifying period for a CPP death benefit
  2. 2 Whether the Tribunal can award a partial or pro-rated death benefit
  3. 3 Whether years can be excluded from the contributory period for child care or disability

Ratio Decidendi

Because the deceased's contributory period required at least ten years and she had only four years of CPP contributions on record, and the CPP does not permit partial payments or discretionary exceptions, the estate is not entitled to the CPP death benefit.

Court Disposition

Appeal dismissed; estate not entitled to CPP death benefit.

Orders

  • Appeal dismissed.
  • No CPP death benefit payable to the estate of H. N.