SH v Minister of Employment and Social Development

SH v Minister of Employment and Social Development Collection Old Age Security (OAS) and Guaranteed Income Supplement (GIS) Decision date 2024-08-13 Neutral citation 2024 SST 1237 Reference number GP-24-1187 Member Adam Picotte Division General Division Decision Extension of time to file an application refused Related decisions SST - SH v Minister of Employment and Social Development - 2024 SST 1236 - 2024-10-15 - Appeal Division Subjects Late appeals - Over one year Decision Content Citation: SH v Minister of Employment and Social Development, 2024 SST 1237 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: S. H. Respondent: Minister of Employment and Social Development Decision under appeal: Minister of Employment and Social Development reconsideration decision dated (issued by Service Canada) Tribunal member: Adam Picotte Decision date: August 13, 2024 File number: GP-24-1187 On this page Decision Overview What I have to decide Reasons for my decision Conclusion Decision [1] The appeal won’t go ahead. This decision explains why. Overview [2] The Appellant applied for an Old Age Security benefit on July 28, 2021. The Minister of Employment and Social Development (Minister) refused his application. He asked it to reconsider. On March 15, 2023, the Minister reconsidered its decision and refused the application again. [3] The Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on July 8, 2024. What I have to decide [4] I have to decide whether the Appellant appealed in time. Reasons for my decision [5] The appeal won’t go ahead because the Appellant didn’t appeal to the Tribunal in time. Here are the reasons for my decision. What the law says [6] If an appellant disagrees with the Minister’s reconsideration decision, they have to appeal to the Tribunal within 90 days after the Minister told them about the decision.Footnote 1 [7] If the appellant appeals after the deadline, the Tribunal can give them more time (accept the late appeal). But in no case can the appellant appeal a reconsideration decision more than one year after the Minister told them about it.Footnote 2 The Appellant’s appeal was more than one year late [8] I find that the Appellant’s appeal was more than one year late. The Minister told the Appellant about its decision on March 20, 2023 [9] The Minister told the Appellant about its reconsideration decision on March 20, 2023. [10] I had a Tribunal Navigator contact the Appellant to confirm the date he received the reconsideration decision. In a note to file the navigator wrote that the Appellant received the reconsideration decision on March 20, 2023. This makes sense as the decision letter is dated March 15, 2023. It is reasonable to assume the Appellant received the decision letter shortly after it was sent. [11] After receiving the reconsideration decision, the Appellant wrote to the Minster to request a revised decision letter.Footnote 3 The Minister wrote back that it was unable to change the reconsideration decision and that the Appellant was required to file a notice of appeal with the Social Security Tribunal. [12] He did so on July 8, 2024. The Appellant had to appeal by March 19, 2024 [13] The Appellant had until March 19, 2024 to appeal to the Tribunal. [14] The Appellant appealed on July 8, 2024. [15] The Tribunal doesn’t have equitable jurisdiction. This means I can’t allow the appeal to go ahead because I think it would be fair, or because I want to help the Appellant in difficult circumstances. I have to follow the law. Conclusion [16] The Appellant appealed more than one year after the Minister told him about its decision. [17] This means the appeal won’t go ahead. Footnotes Footnote 1 See section 52(1) of the Department of Employment and Social Development Act (DESD Act). Footnote 2 See section 52(2) of the DESD Act. Footnote 3 GD2-3