PART VPensions and Supplementary Benefits (continued)
Reconsideration and Appeal on Behalf of Certain Persons
74 If the Minister or the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act is satisfied, on being presented with medical certificates or other written statements, that a person, by reason of infirmity, illness, insanity or other cause, is incapable of managing their affairs, a request for a reconsideration under subsection 81(1) or (1.1) of the Act or an appeal under section 82 of the Act or section 55 of the Department of Employment and Social Development Act may be made on the person’s behalf by another person or an agency if that other person or agency is authorized by or under a law of Canada or of a province to manage the person’s affairs or, if it appears to the Minister or the Social Security Tribunal that there is no other person or agency so authorized, if that other person or agency is considered to be qualified to do so by the Minister or the Social Security Tribunal, as the case may be.
- 2013, c. 40, s. 236;
- SOR/2013-61, s. 2.
Request for Reconsideration
(a) the name, address and Social Insurance Number of the contributor;
(b) if the person making the request for the reconsideration is not the contributor, that person’s name and address and their relationship to the contributor; and
(c) the grounds for the request for the reconsideration and a statement of the facts that form the basis of that request.
(2) If it appears to the Minister that the person making the request for a reconsideration has failed to provide information in accordance with any of the requirements of paragraphs (1)(a) to (c) — or has failed to provide sufficient information to allow the Minister to determine if there are circumstances that allow for a longer period in which to make the request — the Minister may take any steps to obtain the information that is necessary to rectify the failure.
(3) For the purposes of subsections 81(1) and (1.1) of the Act and subject to subsection (4), 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.
(4) 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;
(b) is made by a person who has applied again for the same benefit; or
(c) is made by a person who has requested the Minister to rescind or amend a decision under subsection 81(3) of the Act.
- SOR/92-17, s. 3;
- SOR/96-522, s. 16;
- SOR/2000-133, s. 2;
- SOR/2010-45, s. 9;
- SOR/2013-61, s. 3.
Notification of Appealable Decisions
74.2 A notification referred to in subsection 81(1) or (1.1) of the Act must be in writing and sent by the Minister.
- SOR/92-17, s. 3;
- SOR/96-522, s. 16;
- SOR/2000-133, s. 3;
- SOR/2010-45, s. 10;
- SOR/2013-61, s. 4.
74.3 [Repealed, SOR/2013-61, s. 4]
74.4 [Repealed, SOR/2010-45, s. 11]
75 (1) For the purposes of subsection 43(2) of the Act, the Pension Index for each year shall be calculated as the quotient obtained by dividing the aggregate of the Consumer Price Index for each month in the 12-month period ending October 31 in the preceding year by 12, adjusted to one digit after the decimal point in accordance with subsection (2).
(2) Where the quotient obtained pursuant to subsection (1) contains a fraction that is less than one, that fraction shall be expressed as a decimal fraction of two digits after the decimal point and
- SOR/90-829, s. 31;
- SOR/96-522, s. 17.
authority means any provincial authority or municipal authority in a province that pays any advance or assistance or welfare payment to a person in the province. (autorité)
- excess payment
excess payment means the amount of any advance or assistance or welfare payment that was paid by an authority to a person for a month or any portion thereof and that would not have been paid if the benefit that was subsequently payable under the Act to that person in respect of that period had in fact been paid during that period. (paiement excédentaire)
(2) Subject to subsections (3) to (6), the Minister may, where an authority satisfies him that an excess payment has been paid to a person, authorize
(a) the deduction from the one sum amount payable to that person in accordance with subsection 62(1) of the Act in respect of the period for which the excess payment was paid, and
(b) the payment to the provincial authority or municipal authority in the province in which the excess payment was paid,
of an amount equal to the amount of the excess payment.
(3) An authority referred to in subsection (2) shall, before any deduction and payment from a benefit payable under the Act to any person is authorized under subsection (2), certify, in a form satisfactory to the Minister,
(a) the effective date of commencement and the effective date of termination, if applicable, of the advance or assistance or welfare payment;
(b) the amount that was paid to the person by the authority for the period during which the excess payment occurred or the amount that the authority applies to have reimbursed, whichever is the lesser; and
(c) the Social Insurance Number of the contributor as a result of whose participation under the Act the benefit is payable.
(4) No deduction and payment in respect of an excess payment shall be authorized pursuant to subsection (2) unless
(a) the Minister and the appropriate provincial official have concluded an agreement in writing authorizing the deduction and payment;
(b) the certification required by subsection (3) has been received by the Minister;
(c) the irrevocable written consent of the person to the deduction and payment by the Minister has been received before the expiry of one year after the date of their signature; and
(d) the amount of the excess payment is greater than $50.
(5) [Repealed, SOR/96-522, s. 18]
(6) If, for any reason, no deduction has been made under subsection (2) in respect of an excess payment or a deduction and payment have been made in respect of an excess payment in an amount less than the amount that might have been paid in respect thereof under subsection (2), the Minister shall not authorize the deduction and payment of any other amount in respect of that excess payment.
- SOR/90-829, s. 32;
- SOR/96-522, s. 18;
- SOR/99-192, s. 7;
- SOR/2002-221, s. 3;
- SOR/2013-20, s. 3.
Deduction from a Benefit and Payment to an Administrator of a Disability Income Program
76.1 (1) For the purposes of subsection 65(3) of the Act, the Minister may deduct an amount as described in that subsection from a benefit payable to a person under paragraph 44(1)(b) or (h) of the Act and pay that amount to an administrator approved by the Minister if
(a) the administrator submits to the Minister a record of the payment made under the disability income program, together with the person’s irrevocable written consent to the deduction and payment;
(b) the documents referred to in paragraph (a) are received by the Minister within one year after the date on which the consent is signed; and
(c) the amount exceeds $50.
(2) For the purpose of subsection 65(3) 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/93-290, s. 7;
- SOR/99-192, s. 8;
- SOR/2002-221, s. 4;
- SOR/2018-281, s. 8.
Family Allowance Recipient
(a) the spouse, former spouse, common-law partner or former common-law partner of a person who is described in that definition as having received or being in receipt of an allowance or a family allowance in respect of a child for any period before the child reached the age of seven, if that spouse, former spouse, common-law partner or former common-law partner remained at home during that period as the child’s primary caregiver and that period has not already been or cannot be excluded or deducted from the person’s contributory period under Part II of the Act;
(b) a member of the Canadian Armed Forces who, before 1973, was posted to serve outside Canada, or the spouse or former spouse of such a member, who, but for the posting, would have received an allowance or family allowance for a child under seven years of age;
(c) the person who, under section 122.62 of the Income Tax Act, is considered to be an eligible individual for the purposes of subdivision a.1 of Division E of Part I of that Act (Canada child benefit) in respect of a qualified dependant under seven years of age; and
(d) the person who would have been considered to be an eligible individual for the purposes of subdivision a.1 of Division E of Part I of the Income Tax Act (Canada child benefit) had a notice been filed under subsection 122.62(1) of that Act, where no person was considered to be an eligible individual in respect of the same qualified dependant under seven years of age.
(2) [Repealed, SOR/2010-45, s. 12]
- SOR/86-1133, s. 16;
- SOR/89-345, s. 8;
- SOR/93-11, s. 3;
- SOR/96-522, s. 19;
- SOR/2000-411, s. 12;
- SOR/2010-45, s. 12;
- 2016, c. 12, s. 87.
- Date modified: