Canada Pension Plan — C-8 60
Application for benefit 60 (1) No benefit is payable to any person under this Act unless an application therefor has been made by him or on his behalf and payment of the benefit has been approved under this Act. Application for post-retirement benefit deemed to be made (1.1) An application for a post-retirement benefit under subsection (1) is deemed to be made on January 1 of the year following the year of the unadjusted pensionable earnings referred to in section 76.1 if (a) the person is a beneficiary of a retirement pension on that day; and (b) the Minister has the information necessary to determine whether a post-retirement benefit is payable to them. Application for retirement pension waived (1.2) The Minister may waive the requirement under subsection (1) for an application for a retirement pension to be made by a person or on their behalf if the Minister is satisfied that (a) the person is a contributor; (b) the person is 70 years old or more; and (c) at least one of the following applies in respect of the person: (i) the person is in receipt of a benefit under this Act, the Old Age Security Act or a provincial pension plan, and (ii) a return of income was filed by the person or on their behalf under the Income Tax Act in respect of the year before the year in which the Minister considers waiving the requirement. Effect of waiver (1.3) If the requirement for an application for a retirement pension is waived, the application is deemed to have been made and received on the day on which the requirement is waived. Application for benefit by estate, etc. (2) Notwithstanding anything in this Act, but subject to subsections (2.1) and (2.2), an application for a benefit, other than a death benefit, that would have been payable in respect of a month to a deceased person who, prior to the person’s death, would have been entitled on approval of an application to payment of that benefit under this Act may be approved in respect of that month only if it is made within 12 months after the death of that person by the estate, the representative or heir of that person or by any person that may be prescribed by regulation. Certain applications may not be approved (2.1) An application referred to in subsection (2) is not to be approved if it is made in respect of a post-retirement disability benefit or, if the application is received after December 31, 1997, a disability pension. Restriction — retirement pension (2.2) An application referred to in subsection (2) in respect of a retirement pension may only be approved in respect of a month after the deceased contributor had reached age 70. Exception (3) If a disabled contributor’s child’s benefit would, if the application had been approved, have been payable to a child of a disabled contributor on application made prior to the death of the child or an orphan’s benefit would, if the application had been approved, have been payable to an orphan of a contributor on application made prior to the death of the orphan and the child or orphan dies after December 31, 1977, not having reached 18 years of age, and no application has been made at the time of the death of the child or orphan, an application may be made within one year after the death by the person or agency having decision-making responsibility in respect of the child or orphan at the time of the death or, if there is at that time no such person or agency, by any person or agency that the Minister may direct. Benefits payable to estate or other persons (4) Where an application is made pursuant to subsection (2) or (3), a benefit that would have been payable to a deceased person referred to in subsection (2) or a deceased child or orphan referred to in subsection (3) shall be paid to the estate or such person as may be prescribed by regulation. Application deemed to have been received on date of death (5) Any application made pursuant to subsection (2) or (3) is deemed to have been received (a) on the date of the death of a person who,