PG v Minister of Employment and Social Development

PG v Minister of Employment and Social Development

Applying the Ding factors to the Presence Chart and objective evidence, the Member found the Claimant had significant and ongoing ties to India (citizenship, ownership of a furnished apartment in Chandigarh, primary pension from India, most family ties) and only intermittent ties to Canada; total Canadian residency up to May 23, 2018 amounted to 1,608 days (4 years and 147 days), which is insufficient for OAS eligibility (less than ten years), therefore the appeal was dismissed.

Citation
2021 SST 45
Parties
Appellant (claimant): P. G.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 January 2021
Procedural Posture
Old Age Security Pension Appeal / Decision
Outcome
Appeal dismissed
Legal Topics
Residence Requirement for OAS, Eligibility for Partial OAS, Presence Versus Residence, Application of Ding Factors
Source Language
English
Social Security Old Age Security Pensions Administrative Law Residence Requirement for OAS Eligibility for Partial OAS Presence Versus Residence Application of Ding Factors

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Parties

P. G.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security Pension Appeal / Decision

Legal Issues

  1. 1 During which periods was the Claimant resident in Canada?
  2. 2 Is the Claimant entitled to an Old Age Security pension as of May 23, 2018?

Ratio Decidendi

Applying the Ding factors to the Presence Chart and objective evidence, the Member found the Claimant had significant and ongoing ties to India (citizenship, ownership of a furnished apartment in Chandigarh, primary pension from India, most family ties) and only intermittent ties to Canada; total Canadian residency up to May 23, 2018 amounted to 1,608 days (4 years and 147 days), which is insufficient for OAS eligibility (less than ten years), therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is not entitled to an Old Age Security pension as of May 23, 2018 (only 4 years and 147 days of Canadian residence)