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

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Act current to 2019-06-20 and last amended on 2018-12-15. Previous Versions

PART IIPensions and Supplementary Benefits (continued)

DIVISION CPayment of Benefits: General Provisions

Marginal note:Application for benefit

  •  (1) No benefit is payable to any person under this Act unless an application therefor has been made by him or on his behalf and payment of the benefit has been approved under this Act.

  • Marginal note:Application for post-retirement benefit deemed to be made

    (1.1) An application for a post-retirement benefit under subsection (1) is deemed to be made on January 1 of the year following the year of the unadjusted pensionable earnings referred to in section 76.1 if

    • (a) the person is a beneficiary of a retirement pension on that day; and

    • (b) the Minister has the information necessary to determine whether a post-retirement benefit is payable to them.

  • Marginal note:Application for benefit by estate, etc.

    (2) Notwithstanding anything in this Act, but subject to subsections (2.1) and (2.2), an application for a benefit, other than a death benefit, that would have been payable in respect of a month to a deceased person who, prior to the person’s death, would have been entitled on approval of an application to payment of that benefit under this Act may be approved in respect of that month only if it is made within 12 months after the death of that person by the estate, the representative or heir of that person or by any person that may be prescribed by regulation.

  • Marginal note:Certain applications may not be approved

    (2.1) An application referred to in subsection (2) is not to be approved if it is made in respect of a post-retirement disability benefit or, if the application is received after December 31, 1997, a disability pension.

  • Marginal note:Restriction — retirement pension

    (2.2) An application referred to in subsection (2) in respect of a retirement pension may only be approved in respect of a month after the deceased contributor had reached age 70.

  • Marginal note:Exception

    (3) Where a disabled contributor’s child’s benefit would, if the application had been approved, have been payable to a child of a disabled contributor on application made prior to the death of the child or an orphan’s benefit would, if the application had been approved, have been payable to an orphan of a contributor on application made prior to the death of the orphan and the child or orphan dies after December 31, 1977, not having reached eighteen years of age, and no application has been made at the time of the death of the child or orphan, an application may be made within one year after the death by the person or agency having custody and control of the child or orphan at the time of the death or, where there is at that time no person or agency having custody and control, by such person or agency as the Minister may direct.

  • Marginal note:Benefits payable to estate or other persons

    (4) Where an application is made pursuant to subsection (2) or (3), a benefit that would have been payable to a deceased person referred to in subsection (2) or a deceased child or orphan referred to in subsection (3) shall be paid to the estate or such person as may be prescribed by regulation.

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

    (5) Any application made pursuant to subsection (2) or (3) is deemed to have been received

    • (a) on the date of the death of a person who, prior to his death, would have been entitled, on approval of an application, to payment of a benefit under this Act; or

    • (b) on the date of the death of a child or an orphan referred to in subsection (3) where the person having custody and control of the child or orphan did not make an application prior to the death of the child or orphan.

  • Marginal note:How application to be made

    (6) An application for a benefit shall be made to the Minister in prescribed manner and at the prescribed location.

  • Marginal note:Consideration of application and approval by Minister

    (7) The Minister shall forthwith on receiving an application for a benefit consider it and may approve payment of the benefit and determine the amount thereof payable under this Act or may determine that no benefit is payable, and he shall thereupon in writing notify the applicant of his decision.

  • Marginal note:Incapacity

    (8) Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person had been incapable of forming or expressing an intention to make an application on the person’s own behalf on the day on which the application was actually made, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

  • Marginal note:Idem

    (9) Where an application for a benefit is made by or on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that

    • (a) the person had been incapable of forming or expressing an intention to make an application before the day on which the application was actually made,

    • (b) the person had ceased to be so incapable before that day, and

    • (c) the application was made

      • (i) within the period that begins on the day on which that person had ceased to be so incapable and that comprises the same number of days, not exceeding twelve months, as in the period of incapacity, or

      • (ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which that person had ceased to be so incapable,

    the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

  • Marginal note:Period of incapacity

    (10) For the purposes of subsections (8) and (9), a period of incapacity must be a continuous period except as otherwise prescribed.

  • Marginal note:Application

    (11) Subsections (8) to (10) apply only to individuals who were incapacitated on or after January 1, 1991.

  • Marginal note:Making claim or providing information in person

    (12) The Minister may require an applicant or other person or a group or class of persons to be at a suitable place at a suitable time in order to make an application for benefits in person or to provide additional information about an application.

  • R.S., 1985, c. C-8, s. 60
  • R.S., 1985, c. 30 (2nd Supp.), s. 28, c. 1 (4th Supp.), s. 44(E)
  • 1991, c. 44, s. 14
  • 1997, c. 40, s. 77
  • 2009, c. 31, s. 37
  • 2018, c. 12, s. 386

Marginal note:Approval of interim benefit

  •  (1) Where application is made for a benefit and payment of the benefit would be approved except that the amount of the benefit cannot be finally calculated at the time the approval would otherwise be given, the Minister may approve payment of an interim benefit in such amount as he may fix and payment of the interim benefit may be made in a like manner as if the benefit had been approved.

  • Marginal note:Adjustment to be made when benefit subsequently approved

    (2) Where an interim benefit has been paid under subsection (1) and payment of a benefit is subsequently approved,

    • (a) if the amount of the interim benefit was less than the amount of the benefit subsequently approved, the beneficiary shall be paid the additional amount that he would have been paid if the benefit had been approved at the time the interim benefit was approved; and

    • (b) if the amount of the interim benefit exceeded the amount of the benefit subsequently approved, the amount paid in excess thereof shall be deducted from subsequent payments of the benefit or otherwise recovered in such manner as the Minister may direct.

  • R.S., c. C-5, s. 60

Marginal note:Where payment approved after month of commencement

  •  (1) Payment of a benefit for each month shall be made at such time during the month as the Minister directs, except that, where payment of a benefit is approved after the end of the month for which the first payment of the benefit is payable under this Part, monthly payments of the benefit shall be made for months commencing with the month following the month in which payment of the benefit is approved and payments of the benefit for months preceding that month for which the benefit is payable under this Part shall be paid in one sum during that month.

  • Marginal note:When benefit deemed to have become payable

    (2) For the purposes of this Act, where a benefit is payable under this Part commencing with any month, the benefit shall be deemed to have become payable at the beginning of that month.

  • R.S., 1985, c. C-8, s. 62
  • R.S., 1985, c. 30 (2nd Supp.), s. 29

Marginal note:Where spouse remarried before survivor’s pension payable

  •  (1) Where a person whose spouse has died remarries at a time when no survivor’s pension is payable to him, no survivor’s pension is payable to that person during the period of his remarriage and if following the death of his spouse of that or any subsequent remarriage a survivor’s pension would be payable to him if he applied for such a pension, his deceased spouse for the purposes of this Act shall be deemed to be his spouse named in the application.

  • Marginal note:Discontinuance of survivor’s pension

    (2) Where a person to whom a survivor’s pension is being paid remarries, the survivor’s pension shall be discontinued commencing with the month following the month in which that person was married.

  • Marginal note:Application for survivor’s pension

    (3) Where the spouse of a person whose survivor’s pension has been discontinued under subsection (2) dies, that person may on application therefor be paid a survivor’s pension equal to the survivor’s pension that was discontinued under subsection (2) or the survivor’s pension that would have been payable by reason of the death of the spouse if no survivor’s pension had been previously payable to that person, whichever is the greater.

  • Marginal note:Payment of pension to former spouse

    (4) Where the marriage of a person whose survivor’s pension has been discontinued under subsection (2) is terminated otherwise than by the death of his spouse, the survivor’s pension previously payable to that person shall thereupon become payable to him.

  • Marginal note:Calculation of basic amount of survivor’s pension

    (5) Where a survivor’s pension payable to a person has been discontinued under subsection (2) and subsequently a survivor’s pension equal to the pension so discontinued becomes payable to that person or the pension so discontinued again becomes payable to him, the basic monthly amount of the pension thereupon payable to that person shall be calculated as though the pension discontinued under subsection (2) had not been discontinued.

  • Marginal note:Only one survivor’s pension payable

    (6) Where, but for this subsection, more than one survivor’s pension would be payable concurrently to a person under this Act, or a survivor’s pension would be payable concurrently to a person under this Act and under a provincial pension plan, only one survivor’s pension shall be payable to that person, the amount of which shall be the greatest or greater of the survivor’s pensions that would, but for this subsection, be payable to that person.

  • Marginal note:Death within 1 year of marriage

    (7) Where a contributor dies within one year after his marriage, no survivor’s pension is payable to his survivor if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.

  • Marginal note:When subsection (7) does not apply

    (7.1) Subsection (7) does not apply if the aggregate of the following periods is one year or more:

    • (a) the period during which the contributor and the survivor had cohabited during the marriage; and

    • (b) the period during which the contributor and the survivor had cohabited in a conjugal relationship immediately before the marriage.

  • Marginal note:Application of subsection (3)

    (8) Subsection (3) applies only to a person who has made an application pursuant to that subsection that is pending on the coming into force of section 63.1.

  • Marginal note:Application of subsection (4)

    (9) Subsection (4) applies only to a person whose marriage is terminated as described in that subsection before the coming into force of section 63.1.

  • Marginal note:Subsection does not apply

    (10) Subsection (5) does not apply in respect of a survivor’s pension that becomes payable pursuant to section 63.1.

  • R.S., 1985, c. C-8, s. 63
  • R.S., 1985, c. 30 (2nd Supp.), s. 30
  • 2000, c. 12, ss. 51, 64, 65(F)
 
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