SA v Minister of Employment and Social Development

SA v Minister of Employment and Social Development

The Minister has statutory authority under the OAS Act and Regulations (notably s.23 and s.26 of the Regulations and ss.34,5,37 of the Act) to reassess initial eligibility decisions for OAS and GIS; applying residency factors the claimant had 32 years residence as of April 27, 2013 entitling her to 32/40ths OAS (not full pension) and her marital status remained married so she was not entitled to GIS, resulting in quantifiable overpayments.

Citation
2021 SST 509
Parties
Appellant (claimant): S. A.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 July 2021
Procedural Posture
Social Security Tribunal General Division Appeal (oas/gis) / General Division Decision
Outcome
Appeal allowed in part
Legal Topics
Reassessment Authority, Overpayment Recovery, Residency for OAS, Marital Status for GIS, Regulatory Interpretation
Source Language
English
Administrative Law Social Security Law Pensions Law Statutory Interpretation Reassessment Authority Overpayment Recovery Residency for OAS Marital Status for GIS +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

S. A.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Social Security Tribunal General Division Appeal (oas/gis) / General Division Decision

Legal Issues

  1. 1 Does the Minister have authority to reassess eligibility for OAS and GIS under the OAS Act and Regulations?
  2. 2 If restraint exists, does it allow reassessment where false statements were made?
  3. 3 How many years of Canadian residence did the claimant have as of April 27, 2013?

Ratio Decidendi

The Minister has statutory authority under the OAS Act and Regulations (notably s.23 and s.26 of the Regulations and ss.34,5,37 of the Act) to reassess initial eligibility decisions for OAS and GIS; applying residency factors the claimant had 32 years residence as of April 27, 2013 entitling her to 32/40ths OAS (not full pension) and her marital status remained married so she was not entitled to GIS, resulting in quantifiable overpayments.

Court Disposition

Appeal allowed in part

Orders

  • Claimant entitled to partial OAS pension equal to 32/40ths of a full pension.
  • Minister's reassessment upheld: claimant overpaid 8/40ths of a full OAS pension for period May 2013 to March 2017 and has been underpaid 5/40ths since March 2017.