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Canada Pension Plan

Version of section 74 from 2018-12-15 to 2024-11-26:


Marginal note:Persons by whom application may be made

  •  (1) An application for a disabled contributor’s child’s benefit or orphan’s benefit may be made on behalf of a disabled contributor’s child or orphan by the child or orphan or by any other person or agency to whom the benefit would, if the application were approved, be payable under this Part.

  • Marginal note:Commencement of payment of benefit

    (2) Subject to section 62, where payment of a disabled contributor’s child’s benefit or orphan’s benefit in respect of a contributor is approved, the benefit is payable for each month commencing with,

    • (a) in the case of a disabled contributor’s child’s benefit, the later of

      • (i) the month commencing with which a disability pension is payable to the contributor under this Act or under a provincial pension plan or a post-retirement disability benefit is payable under this Act, and

      • (ii) the month next following the month in which the child was born or otherwise became a child of the contributor, and

    • (b) in the case of an orphan’s benefit, the later of

      • (i) the month following the month in which the contributor died, and

      • (ii) the month next following the month in which the child was born,

    but in no case earlier than the twelfth month preceding the month following the month in which the application was received.

  • Marginal note:No benefit in respect of more than two contributors

    (3) Where a disabled contributor’s child’s benefit has become payable to a child under this Act or under a provincial pension plan in respect of any contributor thereunder or an orphan’s benefit has become payable to an orphan under this Act or under a provincial pension plan in respect of any contributor thereunder, no disabled contributor’s child’s benefit or orphan’s benefit is payable to that person under this Act in respect of any other such contributor except another parent of that person, and in no case shall such a benefit be paid to that person in respect of more than two contributors.

  • Marginal note:Meaning of parent

    (3.1) In subsection (3), parent has the reciprocal meaning to that of “child”.

  • (4) [Repealed, 1991, c. 44, s. 18]

  • R.S., 1985, c. C-8, s. 74
  • R.S., 1985, c. 30 (2nd Supp.), s. 41
  • 1991, c. 44, s. 18
  • 2018, c. 12, s. 393

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