PART VPensions and Supplementary Benefits (continued)
Determination of Disability (continued)
70 (1) Where a person who has been determined to be disabled within the meaning of the Act fails without good cause to comply with any requirement of the Minister made under section 69, he may be determined to have ceased to be disabled at such time as the Minister may specify except that such time shall not be earlier than the day of failure to comply.
(2) For the purpose of subsection (1), good cause means a significant risk to a person’s life or health.
- SOR/96-522, s. 23
Return to Work
70.1 If a person who has been determined to be disabled within the meaning of the Act returns to work, the person shall so inform the Minister without delay.
- SOR/2005-38, s. 1
Request for Reinstatement of Disability Pension, Post-Retirement Disability Benefit or Disabled Contributor’s Child Benefit
- SOR/2018-281, s. 5
71 (1) A request for reinstatement of a disability pension or a post-retirement disability benefit under section 70.1 of the Act shall be made by submitting it to the Minister in writing.
(2) The request shall be made within 12 months after the month in which the person became incapable again of working.
- SOR/2005-38, s. 1
- 2013, c. 40, s. 237
- SOR/2018-281, s. 6
72 (1) The determination as to whether a person is entitled to have a disability pension or a post-retirement disability benefit reinstated shall be made by the Minister on the basis of the information and the evidence provided to the Minister under subsection (2).
(2) The applicant or the person making a request on the applicant’s behalf shall furnish the Minister with the following information and evidence:
(a) the applicant’s name, address and Social Insurance Number and, if applicable, the name and address of the person making the request on the applicant’s behalf and that person’s relationship to the applicant;
(b) the month in which the applicant ceased to receive the disability pension or post-retirement disability benefit;
(c) the month in which the applicant became incapable again of working;
(d) the date that the applicant stopped working;
(e) the statement of a person qualified to practise medicine confirming that the applicant has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the applicant to receive the disability pension or post-retirement disability benefit that is the subject of the request;
(f) the name of each dependent child of the applicant and whether the child is living with or apart from the applicant; and
(g) if the request includes a request to reinstate the disabled contributor’s child benefit in respect of each of the applicant’s children who are 18 years of age or more,
(i) the child’s name, address and Social Insurance Number, and
(ii) evidence, established in accordance with section 67, that the child is in full-time attendance at a school or university.
- SOR/2005-38, s. 1
- SOR/2010-45, s. 6
- SOR/2018-281, s. 7
73 [Repealed, SOR/2010-45, s. 7]
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
74.1 (1) A request for a reconsideration under subsection 81(1) or (1.1) of the Act shall be made in writing to the Minister and shall set out
(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
(a) the second digit after the decimal point shall be dropped if that digit is less than five; or
(b) the first digit after the decimal point shall be increased by one and the second digit dropped if the second digit is five or greater than five.
- SOR/90-829, s. 31
- SOR/96-522, s. 17
76 (1) In this section,
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
77 (1) For the purposes of the definition family allowance recipient in subsection 42(1) of the Act, family allowance recipient includes
(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
78 (1) For the purposes of section 55 of the Act, months during which the former spouses have cohabited include
(a) all consecutive months during the marriage in which the former spouses have lived together as husband and wife without interruption for more than 90 days; and
(b) any period of the marriage preceding the minimum period of 36 consecutive months of cohabitation required by paragraph 55(2)(a) of the Act.
(2) For the purpose of paragraph (1)(a),
(a) where the former spouses did not have the intention to live separate and apart but were separated by reason of the occupation, employment or illness of either spouse, the separation does not constitute interruption of cohabitation; and
(b) where, after having completed the minimum period of 36 consecutive months of cohabitation required by paragraph 55(2)(a) of the Act, the former spouses were separated for any reason for a period of more than 90 days and subsequently resumed cohabitation for a period of more than 90 days, the cohabitation of the former spouses shall be deemed not to have been interrupted.
(3) For the purposes of section 55 of the Act, where the cohabitation of the spouses is interrupted for more than 90 days as referred to in paragraph (1)(a), the cohabitation shall be deemed to have ceased immediately before the year in which the interruption commenced.
- SOR/86-1133, s. 17
- SOR/90-829, s. 33
- SOR/2000-411, s. 13
Cohabitation — Division of Unadjusted Pensionable Earnings
78.1 (1) In determining, for the purposes of subsections 55.1(4) and 55.2(7) of the Act, the months during which the spouses, former spouses or former common-law partners cohabited,
(a) those months shall, subject to paragraphs (b) and (c), be reckoned as beginning with the first month of the year in which the marriage of the persons subject to the division was solemnized or in which they commenced to cohabit in a conjugal relationship, whichever is applicable;
(b) the persons subject to the division shall be considered not to have cohabited at any time during the year in which they were divorced or their marriage annulled or in which they commenced to live separate and apart; and
(c) where, after having lived separate and apart for one year or more, the persons subject to the division resumed cohabitation for at least one year, the period of that separation shall be considered to have begun with the first month of the year in which they commenced to live separate and apart and to have ended with the last month of the year immediately preceding the year in which they resumed cohabitation.
(2) In determining a continuous period of at least one year for the purposes of subsection 55.1(3) of the Act, such a period shall be considered to be constituted by any period of cohabitation by the persons subject to the division for twelve or more consecutive months, reckoned as beginning with the month in which the marriage was solemnized or in which they commenced to cohabit in a conjugal relationship and ending with the month immediately preceding the month in which they commenced to live separate and apart.
(3) For the purposes of this section, where the persons subject to the division did not have the intention to live separate and apart but were separated by reason of the occupation, employment or illness of either person, the separation does not constitute interruption of cohabitation.
- SOR/86-1133, s. 18
- SOR/89-345, s. 9(F)
- SOR/90-829, s. 34
- SOR/93-290, s. 8
- SOR/2000-411, s. 14
- Date modified: