LL v Minister of Employment and Social Development

LL v Minister of Employment and Social Development

The Minister has statutory authority under OAS Act ss.5(1), 34 and 37, and OAS Regulations ss.23 and 26 to investigate and reassess eligibility for OAS and GIS at any time, to suspend payments, and to require repayment of amounts a beneficiary was not entitled to; applying that authority, the Claimant ceased residing in Canada in September 1999, was entitled only to a 32/40 OAS pension as of June 2014, and was not eligible for GIS from July 2014 to May 2016.

Citation
2021 SST 288
Parties
Appellant (claimant): L. L.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 June 2021
Procedural Posture
Old Age Security (oas) and Guaranteed Income Supplement (gis) Appeals / General Division Decision on Remitted Matters Following Appeal Division Directions
Outcome
Appeals dismissed
Legal Topics
Old Age Security, Guaranteed Income Supplement, Residence for Benefit Entitlement, Benefit Overpayment and Recovery, Regulatory Authority to Investigate and Suspend Benefits
Source Language
English
Social Security Administrative Law Statutory Interpretation Old Age Security Guaranteed Income Supplement Residence for Benefit Entitlement Benefit Overpayment and Recovery Regulatory Authority to Investigate and Suspend Benefits

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Parties

L. L.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security (oas) and Guaranteed Income Supplement (gis) Appeals / General Division Decision on Remitted Matters Following Appeal Division Directions

Legal Issues

  1. 1 Whether the Minister has statutory authority to investigate and change an earlier approval of OAS and GIS benefits and to recover overpayments
  2. 2 Whether the Claimant resided in Canada after September 1999 for purposes of OAS/GIS entitlement
  3. 3 Proper interpretation and application of OAS Act ss.3,5(1),11(7),34,37 and OAS Regulations ss.23 and 26

Ratio Decidendi

The Minister has statutory authority under OAS Act ss.5(1), 34 and 37, and OAS Regulations ss.23 and 26 to investigate and reassess eligibility for OAS and GIS at any time, to suspend payments, and to require repayment of amounts a beneficiary was not entitled to; applying that authority, the Claimant ceased residing in Canada in September 1999, was entitled only to a 32/40 OAS pension as of June 2014, and was not eligible for GIS from July 2014 to May 2016.

Court Disposition

Appeals dismissed

Orders

  • Appeals GP-20-586 and GP-20-976 dismissed
  • Minister may amend its August 2015 decisions: Claimant’s OAS pension entitlement limited to 32/40ths effective July 2014