DT v Minister of Employment and Social Development

DT v Minister of Employment and Social Development

Based on border entry records showing sustained majority presence in Canada from November 6, 2009 to April 14, 2015 combined with the claimant's existing ties to Canada, the Appeal Division concluded the claimant resided in Canada during that interval; total Canadian residence was calculated at 22 years and 318 days entitling her to a partial OAS pension at 22/40. The Tribunal lacks statutory authority to compel the Minister to forgive overpayments or to remedy allegedly misleading advice.

Citation
2024 SST 170
Parties
Appellant/respondent: D. T.; Respondent/appellant: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 February 2024
Procedural Posture
Old Age Security and Guaranteed Income Supplement Appeal / Appeal Division Decision (cross Appeal)
Outcome
Appeal allowed in part
Legal Topics
Residence for OAS Eligibility, Guaranteed Income Supplement and Allowance, Overpayment Recovery, Ministerial Discretion, Misleading Administrative Advice
Source Language
English
Social Security Pensions Administrative Law Statutory Interpretation Residence for OAS Eligibility Guaranteed Income Supplement and Allowance Overpayment Recovery Ministerial Discretion +1 more

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Parties

D. T.

Appellant/respondent

Minister of Employment and Social Development

Respondent/appellant

Procedural Posture

Old Age Security and Guaranteed Income Supplement Appeal / Appeal Division Decision (cross Appeal)

Legal Issues

  1. 1 Whether the claimant resided in Canada between September 23, 2008 and May 15, 2019
  2. 2 Whether the claimant is entitled to OAS, GIS and Allowance for periods in question
  3. 3 Whether the Tribunal can remit or forgive overpayments arising from alleged misleading advice by Service Canada

Ratio Decidendi

Based on border entry records showing sustained majority presence in Canada from November 6, 2009 to April 14, 2015 combined with the claimant's existing ties to Canada, the Appeal Division concluded the claimant resided in Canada during that interval; total Canadian residence was calculated at 22 years and 318 days entitling her to a partial OAS pension at 22/40. The Tribunal lacks statutory authority to compel the Minister to forgive overpayments or to remedy allegedly misleading advice.

Court Disposition

Appeal allowed in part

Orders

  • Both appeals allowed in part.
  • Claimant found to have resided in Canada during: February 20, 1971 to August 10, 1982; June 23, 2001 to September 23, 2008; and November 6, 2009 to April 14, 2015.