EP v Minister of Employment and Social Development

EP v Minister of Employment and Social Development

Because the claimant's initial GIS application was received in July 2019, section 11(7) OAS limits retroactive payment to 11 months, making August 2018 the earliest payable month; furthermore the Tribunal lacks jurisdiction to adjudicate claims of erroneous advice or administrative error, therefore the appeal is dismissed.

Citation
2021 SST 572
Parties
Appellant (claimant): E. P.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 July 2021
Procedural Posture
Old Age Security Guaranteed Income Supplement Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Guaranteed Income Supplement, Retroactivity, Jurisdiction, Erroneous Advice, Administrative Error, Old Age Security Act S.11(7)
Source Language
English
Administrative Law Social Security Pension Law Statutory Interpretation Guaranteed Income Supplement Retroactivity Jurisdiction Erroneous Advice +2 more

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Parties

E. P.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security Guaranteed Income Supplement Appeal / General Division Decision

Legal Issues

  1. 1 Whether the Claimant can receive GIS payments before August 2018
  2. 2 Whether the Tribunal has jurisdiction to adjudicate a claim of erroneous advice or administrative error by the Minister
  3. 3 Application of section 11(7) of the Old Age Security Act limiting retroactive payments

Ratio Decidendi

Because the claimant's initial GIS application was received in July 2019, section 11(7) OAS limits retroactive payment to 11 months, making August 2018 the earliest payable month; furthermore the Tribunal lacks jurisdiction to adjudicate claims of erroneous advice or administrative error, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claimant's GIS entitlement cannot be paid for any period before August 2018.
  • Tribunal declines jurisdiction to rule on alleged erroneous advice or administrative error; claimant may pursue remedy with the Minister under s.32 OAS or seek judicial review.