80. (1) Subject to subsection (2), no award is payable to a person unless an application has been made by or on behalf of the person and payment of the award has been approved under this Act.
(2) A survivor or child of a deceased member of the forces who, at the time of the member’s death,
(a) was living with the member, and
(b) was a person in respect of whom an additional pension was being paid to the member
need not make an application in respect of a pension referred to in paragraph 21(1)(i) or (2)(d) or subsection 34(6), (7) or (11) or 45(2), (2.1), (3), (3.01) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).
- R.S., 1985, c. P-6, s. 80;
- 1995, c. 18, s. 73;
- 2000, c. 12, s. 231.
Marginal note:Application made to Minister
81. (1) Every application must be made to the Minister.
Marginal note:Consideration of applications
(2) The Minister shall consider an application without delay after its receipt and shall
(a) where the Minister is satisfied that the applicant is entitled to an award, determine the amount of the award payable and notify the applicant of the decision; or
(b) where the Minister is not satisfied that the applicant is entitled to an award, refuse to approve the award and notify the applicant of the decision.
Marginal note:Counselling service
(3) The Minister shall, on request,
(a) provide a counselling service to applicants and pensioners with respect to the application of this Act to them; and
(b) assist applicants and pensioners in the preparation of applications.
- R.S., 1985, c. P-6, s. 81;
- R.S., 1985, c. 16 (1st Supp.), s. 12;
- 1995, c. 18, s. 73.
Marginal note:Review of decisions
82. (1) Subject to subsection (2), the Minister may, on the Minister’s own motion, review a decision made by the Minister or the Commission and may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Minister.
(2) Subsection (1) does not apply with respect to a decision made by an Assessment Board or Entitlement Board under the former Act.
- R.S., 1985, c. P-6, s. 82;
- 1995, c. 18, s. 73.
Definition of “overpayment”
83. (1) In this section, “overpayment”, in relation to any period, means
(a) an award payment that was paid to a person in respect of that period and to which the person had no entitlement; or
(b) if an award payment was paid to a person in respect of that period that was in excess of the amount of the award payment to which the person was entitled, the amount of that excess.
Marginal note:Recovery of overpayments
(2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and
(a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;
(b) may be recovered in accordance with section 155 of the Financial Administration Act; and
(c) may be recovered in any court of competent jurisdiction.
Marginal note:Remission of overpayments
(3) If a person has received or obtained an overpayment and the Minister is satisfied that
(a) the overpayment cannot be recovered within the reasonably foreseeable future,
(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,
(c) repayment of the overpayment would cause undue hardship to the person, or
(d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,
the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.
Marginal note:Erroneous awards
(4) Notwithstanding anything in this Act, the Minister may continue payment of an award, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, delay or oversight on the part of a public servant and has been remitted pursuant to paragraph (3)(d);
(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;
(c) cancellation or reduction of the award would, in the opinion of the Minister, cause undue hardship to the person; and
(d) the award has been paid to the person for five years or more.
Marginal note:Recovery from survivor or surviving dependant
(5) Where a survivor or surviving dependant of a deceased member of the forces retains any amount of the member’s award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the survivor or surviving dependant.
- R.S., 1985, c. P-6, s. 83;
- R.S., 1985, c. 37 (3rd Supp.), s. 14;
- 1995, c. 18, s. 73;
- 2000, c. 34, s. 38.
- Date modified: