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Old Age Security Regulations (C.R.C., c. 1246)

Regulations are current to 2020-03-05 and last amended on 2017-11-27. Previous Versions

PART IApplications (continued)

Recovery of Overpayments

 For the purpose of subsection 37(2.1) of the Act, an amount of indebtedness that is owing may be deducted and retained out of the whole or any portion of a benefit that is payable to the person or the person’s estate or succession, under this Act or any other Act or program administered by the Minister, that will recover the overpayment in a single payment or in instalments, in any amount that does not cause undue hardship to the person or the person’s estate or succession.

  • SOR/96-521, ss. 14, 27, 28(F)
  • SOR/99-193, s. 2

 [Repealed, SOR/99-193, s. 2]

Deductions from Benefits

  •  (1) For the purposes of subsection 36(2) of the Act, the Minister may make a deduction from a benefit payable under the Act if

    • (a) the provincial authority or the municipal authority that paid the advance, assistance or welfare payments submits a record of the payment to the Minister, together with an irrevocable consent to the deduction signed by the person receiving the payment;

    • (b) the record and consent referred to in paragraph (a) are received by the Minister prior to the expiration of one year after the day on which the consent is signed;

    • (c) the Minister and the provincial authority or the municipal authority that paid the advance, assistance or welfare payment referred to in paragraph (a) have concluded an agreement in respect of the procedure to be followed in submitting records and consents; and

    • (d) the amount deducted exceeds $50.

  • (2) For the purpose of subsection 36(2) of the Act, if, for any reason, no deduction has been made or a deduction and payment have been made by the Minister for an amount that is less than the amount that might have been paid under that subsection, the Minister shall not authorize any other deduction and payment.

  • SOR/89-269, s. 8
  • SOR/96-521, s. 16
  • SOR/99-193, s. 3
  • SOR/2002-221, s. 5

 [Repealed, SOR/2013-20, s. 7]

 [Repealed, SOR/2013-20, s. 7]

 [Repealed, SOR/2013-20, s. 7]

PART IIReconsiderations

Request for Reconsideration

[SOR/2010-45, s. 25]

 A request for a reconsideration under section 27.1 of the Act shall be made in writing and be conveyed to the Minister and shall set out

  • (a) the name, address and Social Insurance Number or Account Number of the person; and

  • (b) the grounds for the request for a reconsideration and a statement of the facts that form the basis of that request.

  • SOR/83-84, s. 5
  • SOR/96-521, s. 17
  • SOR/2000-133, s. 10
  •  (1) For the purposes of subsection 27.1(1) and (1.1) of the Act and subject to subsection (2), the Minister may allow a longer period to make a request for reconsideration of a decision or determination if the Minister is satisfied that there is a reasonable explanation for requesting a longer period and the person has demonstrated a continuing intention to request a reconsideration.

  • (2) The Minister must also be satisfied that the request for reconsideration has a reasonable chance of success, and that no prejudice would be caused to the Minister or a party by allowing a longer period to make the request, if the request for reconsideration

    • (a) is made after the 365-day period after the day on which the person is notified in writing of the decision or determination; or

    • (b) is made by a person who has applied again for the same benefit.

  • (3) The Minister may take any necessary steps to obtain information that the Minister may require to decide whether to allow a longer period to make a request for reconsideration.

  • SOR/2013-62, s. 1

 [Repealed, SOR/96-521, s. 18]

Reference to Tax Court of Canada

 If a ground of appeal referred to in subsection 28(2) of the Act is set out in an appeal brought under subsection 28(1) of the Act, the Social Security Tribunal must

  • (a) notify the appellant and the Minister that the appeal on that ground has been referred to the Court for decision under subsection 28(2) of the Act; and

  • (b) transmit to the Registrar of the Court a copy of the documents filed in the appeal that are relevant to the ground of appeal referred to in subsection 28(2) of the Act.

  • SOR/89-269, s. 10
  • SOR/96-521, s. 19
  • SOR/2000-133, s. 12(F)
  • SOR/2013-62, s. 2
  •  (1) Where an appeal is made in relation to a reference under subsection 28(2) of the Act and the Minister is of the opinion that a person other than the appellant may be directly affected by the decision of the Court, the Minister shall so notify the Social Security Tribunal.

  • (2) On notification, the Social Security Tribunal shall so notify the Registrar of the Court and the Registrar shall add that person as a party to the appeal.

  • SOR/96-521, s. 19
  • SOR/2000-133, s. 12(F)
  • SOR/2013-62, s. 5
  •  (1) The Registrar of the Court, on receipt of the documents transmitted by the Social Security Tribunal pursuant to paragraph 38(b), shall immediately notify the Chief Judge of the Court, the Social Security Tribunal, the Minister and any person added as a party to the appeal of that receipt.

  • (2) When the Chief Judge of the Court is notified pursuant to subsection (1), the Chief Judge shall appoint a judge of the Court to hear the reference.

  • SOR/89-269, s. 11
  • SOR/96-521, s. 20
  • SOR/2000-133, s. 12(F)
  • SOR/2013-62, s. 5

Date and Place of Reference

  •  (1) The Registrar of the Court, in consultation with the judge of the Court appointed pursuant to subsection 39(2) to hear the reference, shall fix the date, time and place for the hearing of the reference.

  • (2) The hearing of a reference shall be held in the city, town or village in which or nearest to which the appellant is ordinarily resident unless the appellant consents in writing to the hearing being held at some other place.

  • (3) The Registrar of the Court shall, by registered mail, notify the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal of the date, place and time fixed for the hearing of the reference.

  • SOR/89-269, s. 12
  • SOR/96-521, s. 21
  • SOR/2000-133, s. 12(F)
  • SOR/2013-62, s. 5

Procedure before Tax Court of Canada

  •  (1) Proceedings before the Court shall be informal and shall be conducted in a summary manner.

  • (2) The judge appointed pursuant to subsection 39(2), subject to the right of all parties or their representatives to be heard, shall determine the procedure to be followed at the hearing of the reference.

  • SOR/89-269, s. 13

 The judge appointed pursuant to subsection 39(2) may, with the consent of the appellant, require that written submissions be filed by the appellant, the Minister and any person added as a party to the appeal in addition to or in lieu of an oral hearing.

  • SOR/89-269, s. 13
  • SOR/96-521, s. 22

Decision of Tax Court of Canada

 [Repealed, SOR/2000-133, s. 11]

  •  (1) The judge appointed pursuant to subsection 39(2) shall advise the Registrar of the Court of the judge’s decision.

  • (2) The Registrar of the Court, after being advised of the decision in accordance with subsection (1), shall forward to the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal a certified copy of the decision.

  • SOR/89-269, s. 13
  • SOR/96-521, s. 24
  • SOR/2000-133, s. 12(F)
  • SOR/2013-62, s. 5

 No costs shall be awarded on the disposition of a reference and no fees shall be charged to the appellant by the Court.

  • SOR/89-269, s. 13

 If an appeal sets out a ground of appeal that is not referred to the Court under subsection 28(2) of the Act and a ground of appeal that has been referred to the Court under that subsection, the Social Security Tribunal, on receipt of a certified copy of the decision of the Court, must proceed in accordance with the Social Security Tribunal Regulations.

  • SOR/89-269, s. 13
  • SOR/96-521, s. 25
  • SOR/2013-62, s. 3
 
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