Old Age Security Act

Marginal note:Appeal re benefits

• 28 (1) A person who makes a request under subsection 27.1(1) or (1.1) and who is dissatisfied with the decision of the Minister in respect of the request, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal established under section 82 of the Canada Pension Plan.

• Marginal note:Reference as to income

  (2) Where, on an appeal to a Review Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground shall, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Review Tribunal, is final and binding for all purposes of the appeal to the Review Tribunal except in accordance with the Federal Courts Act.

• Marginal note:Stay of benefits pending judicial review

  (3) Where a decision is made by a Review Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of

  • (a) the expiration of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and

  • (b) where Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.