Old Age Security Act (R.S.C., 1985, c. O-9)

Marginal note:Application for pension by estate, etc.

• 29. (1) Despite anything in this Act, an application for a pension that would have been payable to a deceased person who, before their death, would have been entitled, on approval of an application, to payment of that pension under this Act may be made within one year after the person’s death by the estate or succession, by the liquidator, executor or administrator of the estate or succession or heir of that person or by any person that may be prescribed by regulation.

• Marginal note:Pension payable to estate or other persons

  (2) If an application is made under subsection (1), the pension that would have been payable to a deceased person referred to in that subsection shall be paid to the estate or succession or to any person that may be prescribed by regulation.

• Marginal note:Application deemed to have been received on date of death

  (3) Any application made under subsection (1) is deemed to have been received on the date of the death of the person who, before their death, would have been entitled to payment of the pension.

Marginal note:Retroactive application by survivor

• 30. (1) Despite paragraph 19(6)(b), if a person dies and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made a joint application for it before the death of the deceased person, the survivor may make application for an allowance under section 19 within one year after the death of the deceased person.

• Marginal note:Treated as joint application

  (2) An application referred to in subsection (1) shall be considered and dealt with as though it had been a joint application of the survivor and the deceased person and had been received on the date of the death of the deceased person.

• (3) [Repealed, 2007, c. 11, s. 24]

Marginal note:Presumption as to death of applicant or beneficiary

• 31. (1) Where an applicant or beneficiary has disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the applicant or beneficiary is dead, the Minister may issue a certificate declaring that the applicant or beneficiary is presumed to be dead and stating the date on which the death is presumed to have occurred, and thereupon the applicant or beneficiary shall be deemed for all purposes of this Act to have died on the date so stated in the certificate.

• Marginal note:Change of presumed date of death

  (2) If, after issuing a certificate under subsection (1), the Minister is satisfied from new information or evidence that the date of death is different from that stated in the certificate, the Minister may revoke the certificate and issue a new certificate stating a different date, in which case the applicant or beneficiary shall be deemed for all purposes of this Act to have died on the date so stated in the new certificate.

• Marginal note:Where person presumed dead reappears

  (3) If, after issuing a certificate under this section, the Minister is satisfied from new information or evidence that the applicant or beneficiary named in the certificate is alive, the Minister shall forthwith revoke the certificate and cause that person’s benefits to be re-instated effective the month following the date of the person’s presumed death stated in the certificate, subject to the provisions of this Act relating to the person’s eligibility to receive those benefits.

• Marginal note:Death certificates issued by other authorities

  (4) For the purposes of this section, the Minister is not bound by the issuance or revocation of a death certificate by any other authority.