The Estate of MB v Minister of Employment and Social Development

The Estate of MB v Minister of Employment and Social Development

The Tribunal found as a factual matter that the Appellant ceased to reside in Canada after his departure in September 2007 and was factually anchored in Iran until his return in 2016; because he did not have 20 years residence after age 18, the Old Age Security Act and Regulations required suspension of OAS after six months and suspension of GIS after six months of non-residence, so the estate is not entitled to OAS for April 2008–July 2016 nor GIS for April 2008–August 2016.

Citation
2021 SST 604
Parties
Appellant’s Estate: The Estate of M. B.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 March 2021
Procedural Posture
Old Age Security and Guaranteed Income Supplement Appeal to Social Security Tribunal (general Division) / Decision on Appeal (final)
Outcome
Appeal dismissed
Legal Topics
Residence for OAS Eligibility, Suspension of OAS and GIS, Partial OAS Pension (10/40), Interpretation of Old Age Security Act and Regulations, Application of Case Law on Residency (ding, Singh, Duncan)
Source Language
English
Social Security Law Administrative Law Benefits Law Immigration Linked Residency Assessment Residence for OAS Eligibility Suspension of OAS and GIS Partial OAS Pension (10/40) Interpretation of Old Age Security Act and Regulations +1 more

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Parties

The Estate of M. B.

Appellant’s Estate

Minister of Employment and Social Development

Minister

Procedural Posture

Old Age Security and Guaranteed Income Supplement Appeal to Social Security Tribunal (general Division) / Decision on Appeal (final)

Legal Issues

  1. 1 Whether the Appellant was resident in Canada between April 2008 and August 2016 for purposes of OAS/GIS entitlement
  2. 2 Whether the Appellant met the 20-year residence requirement to continue OAS outside Canada
  3. 3 Whether the six-month suspension rule for OAS/GIS applies despite alleged involuntary absence (abduction)

Ratio Decidendi

The Tribunal found as a factual matter that the Appellant ceased to reside in Canada after his departure in September 2007 and was factually anchored in Iran until his return in 2016; because he did not have 20 years residence after age 18, the Old Age Security Act and Regulations required suspension of OAS after six months and suspension of GIS after six months of non-residence, so the estate is not entitled to OAS for April 2008–July 2016 nor GIS for April 2008–August 2016.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • The Appellant’s estate is not eligible for Old Age Security pension for April 2008 to July 2016.