JK v Minister of Employment and Social Development

JK v Minister of Employment and Social Development

The Claimant did not meet the OAS Act incapacity test for any period between July 2016 and May 2019 because his demonstrated activities show capacity to form and express intentions and there is no medical evidence of incapacitating condition; therefore statutory retroactivity limits apply and prior GIS entitlement is unchanged.

Citation
2021 SST 51
Parties
Appellant/claimant: J. K.; Respondent/minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 January 2021
Procedural Posture
Old Age Security (oas) and Guaranteed Income Supplement (gis) Appeal / Appeal From Minister's Reconsideration to the Social Security Tribunal General Division; Teleconference Hearing and Decision
Outcome
Appeal dismissed; Minister's reconsideration decision upheld; Claimant not entitled to GIS for July 2016 to May 2018
Legal Topics
Guaranteed Income Supplement, OAS Retroactivity, Incapacity Under OAS, Application Requirements, Reconsideration and Appeal
Source Language
English
Administrative Law Social Security Law Statutory Interpretation Guaranteed Income Supplement OAS Retroactivity Incapacity Under OAS Application Requirements Reconsideration and Appeal

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Parties

J. K.

Appellant/claimant

Minister of Employment and Social Development

Respondent/minister

Procedural Posture

Old Age Security (oas) and Guaranteed Income Supplement (gis) Appeal / Appeal From Minister's Reconsideration to the Social Security Tribunal General Division; Teleconference Hearing and Decision

Legal Issues

  1. 1 Did the Claimant meet the Old Age Security Act incapacity requirements between July 2016 and May 2019?
  2. 2 If incapacity was met, what is the impact on retroactive GIS entitlement?

Ratio Decidendi

The Claimant did not meet the OAS Act incapacity test for any period between July 2016 and May 2019 because his demonstrated activities show capacity to form and express intentions and there is no medical evidence of incapacitating condition; therefore statutory retroactivity limits apply and prior GIS entitlement is unchanged.

Court Disposition

Appeal dismissed; Minister's reconsideration decision upheld; Claimant not entitled to GIS for July 2016 to May 2018

Orders

  • Appeal dismissed
  • Minister's reconsideration decision upheld