SL v Minister of Employment and Social Development and HL

SL v Minister of Employment and Social Development and HL

Because the claimant's first GIS application was filed in May 2019, statutory retroactivity is limited to 11 months back to June 2018; the claimant did not satisfy the strict statutory test for incapacity to extend retroactivity; and the Tribunal lacks jurisdiction to adjudicate or remedy allegations of erroneous advice by the Minister, the appeal is dismissed and the claimant is not entitled to GIS for July 2017 to May 2018.

Citation
2021 SST 415
Parties
Appellant (claimant): S. L.; Respondent (minister): Minister of Employment and Social Development; Added Party (administrative Representative): H. L.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 June 2021
Procedural Posture
Old Age Security Guaranteed Income Supplement Appeal / Social Security Tribunal General Division Decision (appeal Heard)
Outcome
Appeal dismissed
Legal Topics
Guaranteed Income Supplement, Old Age Security, Retroactivity of Benefits, Incapacity, Erroneous Advice, Jurisdictional Limits
Source Language
English
Social Security Administrative Law Benefits Law Guaranteed Income Supplement Old Age Security Retroactivity of Benefits Incapacity Erroneous Advice +1 more

Case Brief

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Parties

S. L.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

H. L.

Added Party (administrative Representative)

Procedural Posture

Old Age Security Guaranteed Income Supplement Appeal / Social Security Tribunal General Division Decision (appeal Heard)

Legal Issues

  1. 1 Whether the claimant is entitled to GIS for July 2017 to May 2018
  2. 2 What is the legal effect of alleged erroneous advice from the Minister and whether the Tribunal can remedy it

Ratio Decidendi

Because the claimant's first GIS application was filed in May 2019, statutory retroactivity is limited to 11 months back to June 2018; the claimant did not satisfy the strict statutory test for incapacity to extend retroactivity; and the Tribunal lacks jurisdiction to adjudicate or remedy allegations of erroneous advice by the Minister, the appeal is dismissed and the claimant is not entitled to GIS for July 2017 to May 2018.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not entitled to Guaranteed Income Supplement for the period July 2017 to May 2018