The Estate of OW v Minister of Employment and Social Development

The Estate of OW v Minister of Employment and Social Development Collection Canada Pension Plan (CPP) disability Decision date 2026-01-30 Neutral citation 2026 SST 61 Reference number GP-25-915 Member Michael Medeiros Division General Division Decision Appeal allowed Decision Content Citation: The Estate of OW v Minister of Employment and Social Development, 2026 SST 61 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: The Estate of O. W. Representative: Louie Tzatzanis Respondent: Minister of Employment and Social Development Decision under appeal: Minister of Employment and Social Development reconsideration decision dated May 2, 2025 (issued by Service Canada) Tribunal member: Michael Medeiros Type of hearing: In Writing Decision date: January 30, 2026 File number: GP-25-915 On this page Decision Overview What this appeal is about Reasons for my decision Conclusion Decision [1] The appeal is allowed. [2] The Appellant, The Estate of O. W., is eligible to receive the Canada Pension Plan (CPP) disabled contributor’s child benefit (DCCB) starting from an earlier date than the effective date that was approved by the Minister. This is because the law says that an application made by an estate is deemed to be received on the date of the death of a person who would have been entitled to the benefit. The effective date (start date) of the benefit is therefore December 2022, 11 months before the application was deemed to be received in November 2023. [3] This decision explains why I am allowing the appeal. Overview [4] The Appellant is the estate of the late O. W. The executor of the estate (and disabled contributor) is the mother of the late O. W. She applied for a disability pension on April 20, 2023.Footnote 1 The application was approved on January 20, 2024.Footnote 2 The late O. W.’s information was included in the child rearing provision section of the application for disability benefits.Footnote 3 In the section of the application that asked if the applicant had children between the ages of 18 and 25 attending school, college or university, the disabled contributor crossed the box “no”.Footnote 4 [5] On November 16, 2023, O. W. passed away.Footnote 5 He was 22 years old. He was a university student from September 2019 until April 2023.Footnote 6 He was a dependent of the disabled contributor at that time. She contributed to supporting him financially while he was at university. [6] On June 6, 2024, the disabled contributor applied for the DCCB on behalf of the estate of O. W.Footnote 7 On November 28, 2024, the application for the DCCB was approved. The effective date for the benefit was July 2023, 11 months before the June 2024 application.Footnote 8 [7] The Appellant says that the start date for the DCCB should be May 1, 2022, the same start date as her disability pension. English is her second language, so she wasn’t sure what was missing from her application. But she did list her son as a dependent. She can’t provide an explanation as to what information was not submitted and not acknowledged by Service Canada. [8] The Minister says that the effective date of the DCCB should be July 2023. The application for the DCCB was received on June 6, 2024. The law says that the effective date can’t be any earlier than 11 months prior to the date of the application. The disabled contributor’s child wasn’t named on the original application for disability benefits, so that can’t be the date of the DCCB application. The disabled contributor answered “no” to the question on the application for disability benefits that asks whether they have children between the ages of 18 and 25 attending school, college or university. What this appeal is about [9] This appeal is about when the DCCB should start. The law says that the earliest the benefit can start is 11 months before the application for the benefit was received by the Minister. So, this appeal is really about when the application for the DCCB was received. Reasons for my decision [10] The effective date of the DCCB is December 2022. In my view, the Appellant and the Minister are both incorrect. [11] I can’t accept that the application for the DCCB was received at the same time as the application for disability benefits in April 2023. But I also don’t accept that the law says the application for the DCCB was received at the time it was made in June 2024. [12] The CPP clearly states that when an application for a DCCB is made by an estate within one year of the child’s death, the deemed date that it was received by the Minister is the date of the death of the child of the disabled contributor. The start date of the DCCB is 11 months before the application was received. The child’s death was in November 2023. Therefore, the effective date is December 2022. When was the application for the DCCB received? The Law [13] The CPP and CPP Regulations set out the requirements for making an application for benefits, including the DCCB. Those laws say the following: Entitlement to the DCCB – Each child of a disabled contributor who is less than 18 years of age, or 18 years of age but less than 25 years of age and attending school or university, can apply for the DCCB.Footnote 9 How an application is made – An application for a benefit shall be made to the Minister in prescribed manner and at the prescribed location.Footnote 10 The prescribed manner of an application – An application shall be made by submitting it to the Minister in writing.Footnote 11 The information needed in an application – An application for a DCCB requires the name, sex, address, Social Insurance Number, and date and place of birth of the child, and if 18 or more years of age, whether than child is or was in full-time or part-time attendance at a school or university.Footnote 12 An estate can apply for the DCCB – An estate may apply for the DCCB that a deceased person would have been entitled to within a year of the person’s death.Footnote 13 Deemed date of an application by an estate – An application for the DCCB made by an estate is deemed to have been received on the date of the death of the deceased child of the disabled contributor who, prior to his death, would have been entitled to the benefit.Footnote 14 DCCB payments start date – A DCCB is payable for each month starting with the month with which a disability pension is payable to the contributor, but in no case can a DCCB payment start earlier than 12 months before the month after the application was received (11 months before the application date).Footnote 15 [14] The CPP clearly states that when an estate applies for the DCCB, the application must be made within a year of the child of the disabled contributor’s death, and if so, the application is deemed to have been received on the date of the child’s death. A plain reading of the CPP therefore determines the date the DCCB application was received in this case, assuming I don’t find that it was made at the time of the disabled contributor’s disability application. [15] The Appellant made the application for the DCCB on June 6, 2024, which was within one year of the child of the disabled contributor’s death, so the application was valid. And according to the law, the date the application was received was November 16, 2023, the date of the child of the disabled contributor’s death. The application was made by the estate, not on behalf of the child at the time of the application for disability benefits [16] I disagree with the Appellant that the application for the DCCB was made at the time of the disabled contributor’s application for disability benefits. I appreciate that the disabled contributor made a mistake when she crossed the wrong box on her disability benefits application. She in fact had a child between 18 and 25 years of age that was attending university. Unfortunately, on her application for disability benefits, she indicated “no” when asked if she did. [17] I can’t accept the Appellant’s submission that the original disability benefits application should be the date of the DCCB application because the deceased child’s information was listed on that application, including his name and date of birth. The Minister says that it is their policy to “conditionally date protect” an application for a DCCB if the child is named on the disabled contributor’s application.Footnote 16 The Appellant says that the child was named, so the Minister should consider the application for disability benefits as the date of the DCCB application. [18] I have no authority over the Minister’s policy to date protect an application. I must apply the law, which comes from the wording of the CPP. But the Minister’s policy is in fact supported by the law. In an application for disability benefits, there is a section that asks if the applicant has a child between the ages of 18 and 25 who is in school, college or university, which is the basis for an application for the DCCB. It makes sense in cases where an applicant for disability benefits indicates “yes” to that question to consider it an application for the DCCB. But in cases where the answer is “no”, there is no basis for finding that the application for disability benefits includes an application for the DCCB. [19] Naming the child in the child rearing provision section of the application for disability benefits can’t be considered an application for the DCCB. The child rearing provision serves a different purpose than the DCCB. And not every child named for the purpose of the child rearing provision would be eligible for the DCCB. The child rearing provision only applies to a child before they turn 7 years old, and the provision doesn’t lead to a benefit – it exists to remove certain months from a person’s contributory period because they were taking care of a young child and not able to contribute to the CPP.Footnote 17 [20] A disabled contributor can include her child’s information for the purpose of the child rearing provision but have no intention to apply for the DCCB because their child was over 18 years of age and not in school or university. I appreciate that wasn’t the case here. The disabled contributor made an unfortunate mistake on her application for disability benefits by crossing the wrong box. But I have no authority to correct that mistake. I must apply the law as it is written and intended. Conclusion [21] I find that the Appellant is eligible for to receive the DCCB from an earlier date than the date approved by the Minister. The effective date of the DCCB is December 2022. [22] This means the appeal is allowed. Footnotes Footnote 1 See GD2-63 to 71. Footnote 2 See Minister’s submissions, at GD3-4. Footnote 3 See GD2-67. Footnote 4 See GD2-65. Footnote 5 See GD2-62. Footnote 6 See GD2-59. Footnote 7 See GD2-56 to 62. Footnote 8 See GD2-14. Footnote 9 See section 42(1) and 44(1)(e) of the Canada Pension Plan. Footnote 10 See section 60(6) of the Canada Pension Plan. Footnote 11 See section 43(1) of the Canada Pension Plan Regulations. Footnote 12 See section 52 of the Canada Pension Plan Regulations. Footnote 13 See section 60(2) of the Canada Pension Plan. Footnote 14 See section 60(5) of the Canada Pension Plan. Footnote 15 See section 74(2) of the Canada Pension Plan. Footnote 16 See the Minister’s submissions, at GD3-4. Footnote 17 See sections 42(1), 48(2)(a) and 49(d) of the Canada Pension Plan.