Government of Canada / Gouvernement du Canada
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Old Age Security Act

Version of section 5 from 2010-12-15 to 2013-02-28:

Marginal note:Limitations

  •  (1) No pension may be paid to any person unless that person is qualified under subsection 3(1) or (2), an application therefor has been made by or on behalf of that person and the application has been approved, and, except as provided in this Act, no pension may be paid to any person in respect of any period prior to the day on which that person’s application is approved.

  • Marginal note:Application deemed to have been made and approved

    (2) Where an allowance ceases to be payable to a person by reason of that person having reached sixty-five years of age, the Minister may deem an application under subsection (1) to have been made by that person and approved, on the day on which the person reached that age.

  • Marginal note:Incarcerated persons

    (3) No pension may be paid in respect of a period of incarceration — exclusive of the first month of that period — to a person who is subject to a sentence of imprisonment

    • (a) that is to be served in a penitentiary by virtue of any Act of Parliament; or

    • (b) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 33.1 for the administration of this paragraph.

  • R.S., 1985, c. O-9, s. 5
  • 1995, c. 33, s. 2
  • 2000, c. 12, s. 209(E)
  • 2010, c. 22, s. 3
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