Canada Pension Plan (R.S.C., 1985, c. C-8)

Act current to 2014-09-01 and last amended on 2013-12-12. Previous Versions

Disabled Contributor’s Child’s Benefit and Orphan’s Benefit

Marginal note:Persons by whom application may be made
  •  (1) An application for a disabled contributor’s child’s benefit or orphan’s benefit may be made on behalf of a disabled contributor’s child or orphan by the child or orphan or by any other person or agency to whom the benefit would, if the application were approved, be payable under this Part.

  • Marginal note:Commencement of payment of benefit

    (2) Subject to section 62, where payment of a disabled contributor’s child’s benefit or orphan’s benefit in respect of a contributor is approved, the benefit is payable for each month commencing with,

    • (a) in the case of a disabled contributor’s child’s benefit, the later of

      • (i) the month commencing with which a disability pension is payable to the contributor under this Act or under a provincial pension plan, and

      • (ii) the month next following the month in which the child was born or otherwise became a child of the contributor, and

    • (b) in the case of an orphan’s benefit, the later of

      • (i) the month following the month in which the contributor died, and

      • (ii) the month next following the month in which the child was born,

    but in no case earlier than the twelfth month preceding the month following the month in which the application was received.

  • Marginal note:No benefit in respect of more than two contributors

    (3) Where a disabled contributor’s child’s benefit has become payable to a child under this Act or under a provincial pension plan in respect of any contributor thereunder or an orphan’s benefit has become payable to an orphan under this Act or under a provincial pension plan in respect of any contributor thereunder, no disabled contributor’s child’s benefit or orphan’s benefit is payable to that person under this Act in respect of any other such contributor except another parent of that person, and in no case shall such a benefit be paid to that person in respect of more than two contributors.

  • Marginal note:Meaning of “parent”

    (3.1) In subsection (3), “parent” has the reciprocal meaning to that of “child”.

  • (4) [Repealed, 1991, c. 44, s. 18]

  • R.S., 1985, c. C-8, s. 74;
  • R.S., 1985, c. 30 (2nd Supp.), s. 41;
  • 1991, c. 44, s. 18.
Marginal note:Payment of benefit

 Where a disabled contributor’s child’s benefit is payable to a child of a disabled contributor or an orphan’s benefit is payable to an orphan of a contributor, payment thereof shall, if the child or orphan has not reached eighteen years of age, be made to the person or agency having custody and control of the child or orphan, or, where there is no person or agency having custody and control of the child or orphan, to such person or agency as the Minister may direct, and for the purposes of this Part,

  • (a) the contributor, in relation to a disabled contributor’s child, except where the child is living apart from the contributor, and

  • (b) the survivor, if any, of the contributor, in relation to an orphan, except where the orphan is living apart from the survivor,

shall be presumed, in the absence of any evidence to the contrary, to be the person having custody and control of the child or orphan.

  • R.S., 1985, c. C-8, s. 75;
  • 2000, c. 12, s. 56.