SB v Minister of Employment and Social Development

SB v Minister of Employment and Social Development

The claimant failed to prove he was employed abroad by a Canadian firm as required by s.21(5)(a)vi) of the OAS Regulations; therefore his absence was not deemed not to interrupt residence and he is not entitled to an OAS pension at a rate higher than 34/40ths.

Citation
2021 SST 361
Parties
Appellant (claimant): S. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 May 2021
Procedural Posture
Old Age Security (oas) / Appeal to Social Security Tribunal General Division (decision)
Outcome
Appeal dismissed
Legal Topics
Old Age Security, Residence Requirement, Deemed Residence Under Regulations, Burden of Proof
Source Language
English
Social Security Administrative Law Pensions Old Age Security Residence Requirement Deemed Residence Under Regulations Burden of Proof

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Parties

S. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security (oas) / Appeal to Social Security Tribunal General Division (decision)

Legal Issues

  1. 1 Whether the claimant resided in Canada from April 15, 1989 to June 15, 1991 for OAS purposes
  2. 2 Whether the claimant was employed out of Canada by a Canadian firm such that his absence is deemed not to interrupt residence under s.21(5)(a)vi) of the OAS Regulations
  3. 3 Whether the claimant met the statutory requirements for a higher partial pension rate

Ratio Decidendi

The claimant failed to prove he was employed abroad by a Canadian firm as required by s.21(5)(a)vi) of the OAS Regulations; therefore his absence was not deemed not to interrupt residence and he is not entitled to an OAS pension at a rate higher than 34/40ths.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Minister's reconsideration decision maintained