The Estate of JS v Minister of Employment and Social Development

The Estate of JS v Minister of Employment and Social Development Collection Other Canada Pension Plan (CPP) Decision date 2025-10-08 Neutral citation 2025 SST 1186 Reference number GP-25-1462 Member Anne Clark Division General Division Decision Extension of time to file an application refused Related decisions SST - The Estate of JS v Minister of Employment and Social Development - 2025 SST 1185 - 2025-11-17 - Appeal Division Decision Content Citation: The Estate of JS v Minister of Employment and Social Development, 2025 SST 1186 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: The Estate of J. S. 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: Anne S. Clark Decision date: October 8, 2025 File number: GP-25-1462 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 is the Estate of the late J. S. (J. S.). J. S. applied for a retirement pension under the Canada Pension Plan (CPP) on July 18, 2016. The Minister of Employment and Social Development (Minister) allowed her application and sent her a letter of entitlement. On April 6, 2017, family members wrote to ask the Minister to reconsider the date the pension started.Footnote 1 On February 7, 2018, the Minister reconsidered its decision and refused to change the effective date of the pension. [3] The Estate appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on September 9, 2025. J. S.’s nephew (RS) represents the estate. 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 2 [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 3 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 in February 2018 [9] The Minister told the Appellant about its reconsideration decision in February 2018. The letter is dated February 7, 2018. RS said he received it in February 2018. The Appellant had to appeal by the end of May 2018 [10] The Appellant had until the end of May 2018 to appeal to the Tribunal. [11] The Appellant appealed on September 9, 2025. RS explained that J. S. passed away in 2019. He also described terrible family losses and challenges that affected their ability to appeal the reconsideration decision. I read his explanation and am sympathetic to him and his family. Unfortunately, I can’t allow an extension of time for him to appeal the 2018 reconsideration decision. [12] 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 [13] The Appellant appealed more than one year after the Minister told J. S. about its decision. [14] This means the appeal won’t go ahead. Footnotes Footnote 1 See GD2-17. I note that three family members wrote on behalf of J. S. One of those members is the person who filed the appeal on behalf of the estate. Footnote 2 See section 52(1) of the Department of Employment and Social Development Act (DESD Act). Footnote 3 See section 52(2) of the DESD Act.