Canada Pension Plan

Marginal note:Reinstatement of disability pension

• 70.1 (1) Subject to this section, a person who has ceased to receive a disability pension because they have returned to work is entitled to have that disability pension reinstated if, within two years after the month in which they ceased to receive the disability pension, they become incapable again of working.

• Marginal note:Request for reinstatement

  (2) A request by a person for reinstatement of a disability pension shall be made to the Minister in accordance with the regulations. Subsections 60(2), (4), (5) and (8) to (12) apply to the request, with any modifications that the circumstances require.

• Marginal note:Consideration and approval of request by Minister

  (3) The Minister shall approve a request made by a person under subsection (2) if the Minister is satisfied that

  • (a) the person has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the person to receive the disability pension that is the subject of the request;

  • (b) not more than two years have elapsed from the month in which the person ceased to receive the disability pension to the month when they became incapable again of working; and

  • (c) the person had not reached sixty-five years of age and was not receiving a retirement pension in the month in which they became incapable again of working.

• Marginal note:Reinstatement of disabled contributor’s child benefit

  (4) On reinstatement of a disability pension under subsection (3), the Minister shall approve the reinstatement of a disabled contributor’s child benefit that had been payable to the child of the person whose disability pension is reinstated if the Minister is satisfied that the child meets the requirements under this Act for payment of a disabled contributor’s child benefit.

• Marginal note:Notification of decision — disability pension

  (5) The Minister shall in writing inform a person who makes a request for reinstatement of a disability pension of the Minister’s decision whether or not to approve the request.

• Marginal note:Notification of decision — disabled contributor’s child benefit

  (6) The Minister shall in writing inform a person who has made a request for reinstatement of a disability pension, a child of that person or, in relation to that child, a person or agency referred to in section 75 of the Minister’s decision whether or not to approve a disabled contributor’s child benefit.

• Marginal note:Application of provisions — disability pension

  (7) The provisions of this Act that apply to a disability pension, except paragraphs 42(2)(b), 44(1)(b) and 44(2)(a) and section 69, apply to a disability pension that is reinstated under this section, with any modifications that the circumstances require.

• Marginal note:Application of provisions — disabled contributor’s child benefit

  (8) The provisions of this Act that apply to a disabled contributor’s child benefit, except paragraphs 44(1)(e) and 44(2)(a) and subsection 74(2), apply to a disabled contributor’s child benefit that is reinstated under this section, with such modifications as the circumstances require.

• Marginal note:Amount of disability pension and survivor’s pension

  (9) Despite subsection (7) and subject to any division of unadjusted pensionable earnings under sections 55 to 55.3, the basic monthly amount of a disability pension that is reinstated, and the monthly amount of any survivor’s pension under this Act that is payable to the person whose disability pension is reinstated, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2).

• Marginal note:Commencement of payments

  (10) A disability pension or a contributor’s child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working.