NM v Minister of Employment and Social Development

NM v Minister of Employment and Social Development

The claimant failed to prove residence in 1986–1987 and April–September 2017 but proved residence from October 12, 2018 onward; counting prior residence from 1976–1984 and from October 12, 2018 resulted in ten years of post‑18 residence on April 28, 2020, entitling her to a 10/40 OAS pension payable from May 2020.

Citation
2021 SST 124
Parties
Appellant (claimant): N. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 February 2021
Procedural Posture
Old Age Security Pension Appeal / General Division Decision (first Level Appeal)
Outcome
Appeal allowed in part
Legal Topics
Residence Requirement, Eligibility for OAS Pension, Partial Pension Calculation, Burden of Proof
Source Language
English
Old Age Security Social Security Administrative Law Residence Requirement Eligibility for OAS Pension Partial Pension Calculation Burden of Proof

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Parties

N. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security Pension Appeal / General Division Decision (first Level Appeal)

Legal Issues

  1. 1 Whether the claimant resided in Canada during July 1986 to February 1987
  2. 2 Whether the claimant resided in Canada during April to September 2017
  3. 3 Whether the claimant resided in Canada from October 2018 onward

Ratio Decidendi

The claimant failed to prove residence in 1986–1987 and April–September 2017 but proved residence from October 12, 2018 onward; counting prior residence from 1976–1984 and from October 12, 2018 resulted in ten years of post‑18 residence on April 28, 2020, entitling her to a 10/40 OAS pension payable from May 2020.

Court Disposition

Appeal allowed in part

Orders

  • The Minister’s decision is varied to approve a partial Old Age Security pension for the claimant equal to 10/40ths of the full pension.
  • Payment of the approved partial pension begins May 2020.