LM v Minister of Employment and Social Development

LM v Minister of Employment and Social Development

The Tribunal held that the claimant was a full-time student at the start of the 2018–2019 academic year because she was taking as many courses as her illness allowed; she became absent during that year due to illness; she met the Regulations' illness-exception conditions by returning to an appropriate course load in May 2019; therefore she was entitled to the CPP orphan’s benefit from October 2018 to April 2019.

Citation
2021 SST 220
Parties
Appellant (claimant): L. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 May 2021
Procedural Posture
Canada Pension Plan Orphan's Benefit Appeal / General Division Decision
Outcome
Appeal allowed; claimant entitled to Canada Pension Plan orphan's benefit for October 2018 to April 2019.
Legal Topics
Canada Pension Plan, Orphan's Benefit, Full Time Student, School Attendance, Regulatory Interpretation, Illness Exception
Source Language
English
Social Security Administrative Law Disability Benefits Pensions Canada Pension Plan Orphan's Benefit Full Time Student School Attendance +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

L. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Orphan's Benefit Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant was "in full-time attendance at a school" for CPP orphan's benefit eligibility from October 2018 to April 2019
  2. 2 Whether the school’s definition/declaration of full-time binds the Tribunal
  3. 3 Whether the illness exceptions in the CPP Regulations apply when illness limits attendance to correspondence courses

Ratio Decidendi

The Tribunal held that the claimant was a full-time student at the start of the 2018–2019 academic year because she was taking as many courses as her illness allowed; she became absent during that year due to illness; she met the Regulations' illness-exception conditions by returning to an appropriate course load in May 2019; therefore she was entitled to the CPP orphan’s benefit from October 2018 to April 2019.

Court Disposition

Appeal allowed; claimant entitled to Canada Pension Plan orphan's benefit for October 2018 to April 2019.

Orders

  • Appeal allowed.
  • Claimant entitled to orphan’s benefit from October 2018 to April 2019.