MK v Minister of Employment and Social Development

MK v Minister of Employment and Social Development

Because the CPP fixes the earliest commencement of retirement pension payments at 11 months before the application month for applicants aged 65 or over, and the claimant applied in December 2019 making January 2019 the earliest permissible start date, the appeal seeking August 2018 has no reasonable chance of success and must be summarily dismissed; the Tribunal lacks authority to grant exceptions based on fairness or compassion.

Citation
2021 SST 229
Parties
Appellant (claimant): M. K.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 March 2021
Procedural Posture
CPP Retirement Pension Appeal / General Division Decision Summary Dismissal
Outcome
Appeal summarily dismissed.
Legal Topics
Effective Payment Start Date, Summary Dismissal, Eligibility, Retroactive Payment
Source Language
English
Social Security Administrative Law Pensions Canada Pension Plan Effective Payment Start Date Summary Dismissal Eligibility Retroactive Payment

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Parties

M. K.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

CPP Retirement Pension Appeal / General Division Decision Summary Dismissal

Legal Issues

  1. 1 Whether the effective payment start date for CPP retirement pension can be set earlier than the date permitted by the CPP when the applicant applied late
  2. 2 Whether the appeal should be summarily dismissed for having no reasonable chance of success

Ratio Decidendi

Because the CPP fixes the earliest commencement of retirement pension payments at 11 months before the application month for applicants aged 65 or over, and the claimant applied in December 2019 making January 2019 the earliest permissible start date, the appeal seeking August 2018 has no reasonable chance of success and must be summarily dismissed; the Tribunal lacks authority to grant exceptions based on fairness or compassion.

Court Disposition

Appeal summarily dismissed.

Orders

  • Appeal summarily dismissed.