The Estate of KW and Minister of Employment and Social Development

The Estate of KW and Minister of Employment and Social Development

The General Division held that the Estate's submission to Service Canada in June 2018 constituted an application within the statutory one-year period; the absence of an internal date stamp and the temporary incompleteness of section 18 did not render the application invalid because the legislation does not prescribe those consequences, therefore the application is deemed received on the date of death and the appeal is allowed.

Citation
2021 SST 420
Parties
Appellant (claimant): The Estate of K. W.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 June 2021
Procedural Posture
Old Age Security Appeal / General Division Decision (hearing and Decision)
Outcome
Appeal allowed
Legal Topics
Post Mortem Application, Deemed Receipt, Timeliness, Application Validity, Statutory Interpretation
Source Language
English
Administrative Law Social Security Law Old Age Security Act Post Mortem Application Deemed Receipt Timeliness Application Validity Statutory Interpretation

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Parties

The Estate of K. W.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security Appeal / General Division Decision (hearing and Decision)

Legal Issues

  1. 1 Whether the Estate applied for the OAS pension within one year of death
  2. 2 Whether an application not stamped on receipt by the Minister is invalid
  3. 3 Whether an incomplete application (missing section 18) is automatically null or void

Ratio Decidendi

The General Division held that the Estate's submission to Service Canada in June 2018 constituted an application within the statutory one-year period; the absence of an internal date stamp and the temporary incompleteness of section 18 did not render the application invalid because the legislation does not prescribe those consequences, therefore the application is deemed received on the date of death and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Matter remitted to the Minister to determine whether the deceased met all other eligibility requirements for the OAS pension.