GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Old Age Security Act — O-9 16
Consideration of application or waiver 16 (1) The Minister shall, without delay after receiving an application for payment of a supplement under subsection 11(2) or after waiving the requirement for an application for payment of a supplement under subsection 11(3.1) or (4), as the case may be, consider whether the applicant is entitled to be paid a supplement, and may approve payment of a supplement and fix its amount, or may determine that no supplement may be paid. Notification of applicant (2) Where particulars of the basis on which the amount of any supplement that may be paid to an applicant was fixed by the Minister are requested by the applicant or where the Minister determines that no supplement may be paid to the applicant, the Minister shall forthwith in writing notify the applicant of the basis on which that amount was fixed or of the decision that no supplement may be paid to the applicant and the Minister’s reasons therefor, as the case may be. R.S., 1985, c. O-9, s. 16; 1995, c. 33, s. 8; 2012, c. 19, s. 457
Old Age Security Act — O-9 17
Payment of supplement to be made in arrears 17 Payment of a supplement for any month shall be made in arrears at the end of the month, except that where payment of a supplement in respect of months in any payment period is approved after the end of the month for which the first payment of the supplement may be made, payments of the supplement for the month in which payment of the supplement is approved and for months before that month may be made at the end of that month or at the end of the month immediately after that month. R.S., 1985, c. O-9, s. 17; 1998, c. 21, s. 112(E)
Old Age Security Act — O-9 18
Adjustment of payments of supplements 18 Where it is determined that the income for a base calendar year (in this section referred to as the “actual income”) of an applicant for a supplement does not accord with the income of the applicant (in this section referred to as the “shown income”) calculated on the basis of a statement or an estimate made under section 14, the following adjustments shall be made: (a) if the actual income exceeds the shown income, any amount by which the supplement paid to the applicant for months in the payment period exceeds the supplement that would have been paid to the applicant for those months if the shown income had been equal to the actual income shall be deducted and retained out of any subsequent payments of supplement or pension made to the applicant, in any manner that may be prescribed; and (b) if the shown income exceeds the actual income, there shall be paid to the applicant any amount by which the supplement that would have been paid to the applicant for months in the payment period if the actual income had been equal to the shown income exceeds the supplement paid to the applicant for those months. R.S., 1985, c. O-9, s. 18; 1995, c. 33, s. 9; 1998, c. 21, s. 113
Old Age Security Act — O-9 18.1
Request that supplement cease to be payable 18.1 If a pensioner makes a request to the Minister in writing that their supplement cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the supplement and the month chosen by the pensioner in the application. 2012, c. 19, s. 458
Old Age Security Act — O-9 18.2
Request to cancel supplement 18.2 (1) A pensioner may, in the prescribed manner and within the prescribed time after payment of a supplement has commenced, request cancellation of that supplement. Effect of cancellation (2) If the request is granted and the amount of any supplement and related allowance is repaid within the prescribed time, (a) the application for that supplement is deemed never to have been made; and (b) the supplement is deemed for the purposes of this Act not to have been payable during the period in question. 2012, c. 19, s. 458
Old Age Security Act — O-9 19
a) have notified the Minister in writing before or after their release; and (b) continue to be eligible for an allowance. Amount of allowance to spouse or common-law partner of pensioner (7) The amount of the allowance that may be paid under this section to the spouse or common-law partner of a pensioner shall be determined in accordance with subsection 22(3). Direction by Minister if spouses or common-law partners living apart (8) If an application has been made under subsection (4) for payment of an allowance to a pensioner’s spouse or common-law partner in respect of any payment period, the Minister may, after any investigation of the circumstances that he or she considers necessary, direct that for the purpose of calculating the allowance, the monthly joint income , as defined in subsection 22(1), be determined without taking into account the pensioner’s income for the base calendar year in any case where the Minister is satisfied that the spouse or common-law partner, as a result of circumstances not attributable to the pensioner or the spouse or common-law partner, was not living with the pensioner in a dwelling maintained by one or the other of them at the time the application was made. Continuing direction (9) A direction made under subsection (8) in respect of a payment period is deemed to be a direction made in respect of every subsequent payment period, but the Minister may, after any investigation of the circumstances that he or she considers necessary, cancel the direction. R.S., 1985, c. O-9, s. 19; R.S., 1985, c. 34 (1st Supp.), s. 2; 1995, c. 33, s. 10; 1996, c. 18, s. 53; 1998, c. 21, ss. 114, 119; 2000, c. 12, ss. 196, 207, 209(E); 2001, c. 27, s. 265; 2007, c. 11, s. 19; 2010, c. 22, s. 7; 2012, c. 19, s. 297; 2013, c. 40, s. 236; 2014, c. 20, s. 372; 2016, c. 12, s. 104
Old Age Security Act — O-9 20
Failure to comply with Act 20 Payment of an allowance under section 19 or 21 may be suspended if the beneficiary fails to comply with any of the provisions of this Act or the regulations, but payment may be resumed when the beneficiary complies with those provisions. R.S., 1985, c. O-9, s. 20; R.S., 1985, c. 34 (1st Supp.), s. 3; 2000, c. 12, s. 209(E)
Old Age Security Act — O-9 21.1
Allowance not payable 21.1 (1) Despite section 21, an allowance under that section is not payable to an individual who otherwise would have been entitled to receive such an allowance as a result of the death of their spouse or common-law partner if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder or manslaughter of that spouse or common-law partner. Conviction reversed (2) If the Minister is informed and satisfied that an individual’s conviction for first or second degree murder or manslaughter of their spouse or common-law partner has been reversed, the charges have been withdrawn or the proceedings were stayed and not recommenced within the required time period and that all rights of appeal have been exhausted, the individual’s entitlement to the allowance to which they would otherwise have been entitled under section 21 becomes payable in accordance with that section as if subsection (1) had never applied and any amount recovered from the person shall be repaid. Conviction outside Canada (3) If an individual has been convicted by a court outside Canada in respect of an offence that, if it had been committed in Canada, would have constituted first or second degree murder or manslaughter, the Minister may deem that conviction to be a conviction of first or second degree murder or manslaughter for the purposes of this section. Recovery of allowance (4) A person who has received an allowance referred to in this section and in respect of whom the Minister is subsequently informed and satisfied that he or she has been convicted of first or second degree murder or manslaughter of their spouse or common-law partner whose death would otherwise have resulted in the individual having been entitled to that allowance shall be deemed not to have been entitled to receive such an allowance, which shall constitute a debt due to Her Majesty under section 37 and the Minister shall recover those amounts, including any amounts paid before the date of the individual’s conviction. Conviction prior to coming into force (5) For greater certainty, this section applies in respect of any first or second degree murder or manslaughter conviction of which the Minister is informed before, on or after the coming into force of this section. Definition of first or second degree murder (6) For the purpose of this section, first or second degree murder means murder within the meaning of section 231 of the Criminal Code . Definition of manslaughter (7) For the purpose of this section, manslaughter means manslaughter within the meaning of the Criminal Code . Exception — probation order (8) This section does not apply to an individual who is convicted of manslaughter if the individual is released on the conditions prescribed in a probation order under paragraph 731(1)(a) of the Criminal Code . 2015, c. 17, s. 2
Old Age Security Act — O-9 22
arter. No decrease (4.3) Despite subsection (4.2), the amount of the supplement equivalent for the survivor for any month in a payment quarter may not be less than the amount of the supplement equivalent for the survivor for any month in the three-month period immediately before that payment quarter. Reduction in Consumer Price Index (4.4) If, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter, (a) no adjustment of the supplement equivalent for the survivor is to be made under subsection (4.2) in respect of that payment quarter; and (b) no adjustment of the supplement equivalent for the survivor is to be made under that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph is deemed to be the second adjustment quarter that relates to that subsequent payment quarter. Reinstatement of supplement (5) Where the allowance payable to the spouse or common-law partner of a pensioner under this Part is suspended or terminated for any month, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II. Reinstatement of supplement (6) Where, by reason of the amount of the monthly joint income, the aggregate of the amount of allowance payable to a pensioner’s spouse or common-law partner for a month and the amount of supplement payable to the pensioner for that month under this Part is less than the amount of supplement that would be payable to the pensioner under Part II, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II minus the amount, if any, of allowance payable to that pensioner’s spouse or common-law partner for that month. Deemed Part II application (7) For the purposes of subsections (5) and (6), an application made and approved under this Part shall be deemed to have been made and approved under Part II. R.S., 1985, c. O-9, s. 22; R.S., 1985, c. 34 (1st Supp.), s. 5; 1995, c. 33, s. 12; 1996, c. 18, s. 54; 1998, c. 21, ss. 116, 119; 1999, c. 22, s. 89; 2000, c. 12, ss. 198, 206 to 208, 209(E); 2005, c. 30, s. 137; 2010, c. 22, s. 9; 2016, c. 12, s. 105 2021, c. 23, s. 274
Old Age Security Act — O-9
base calendar year has the same meaning as in section 10; ( année de référence )
Old Age Security Act — O-9
current fiscal year [Repealed, 1998, c. 21, s. 116]
Old Age Security Act — O-9
current payment period means the payment period in respect of which an application for an allowance is made under this Part; ( période de paiement en cours )
Old Age Security Act — O-9
income , for the purposes of determining the amount of benefits under this Part that may be paid for a month before July 1, 1999, means the income calculated as prescribed by section 13; ( revenu de l’année civile )
Old Age Security Act — O-9
monthly income of a survivor in a current payment period is the amount that equals one-twelfth of their income for the base calendar year; ( revenu mensuel du survivant )
Old Age Security Act — O-9 (a)
monthly joint income of a pensioner and their spouse or common-law partner in a current payment period is the amount that equals 1/12 of the total of both of their incomes for the base calendar year; however, for the purpose of calculating the allowance that may be paid to the pensioner’s spouse or common-law partner under subsection (3) for either of the following periods, it is the amount that equals 1/12 of the income of the spouse or common-law partner for the base calendar year: (a) the months during which the pensioner is an incarcerated person described in subsection 5(3), exclusive of the first month of incarceration and the month of release; or (b) if a direction made under subsection 19(8) in respect of the spouse or common-law partner has not been cancelled under subsection 19(9), the months, exclusive of the first month, during which the spouse or common-law partner is not living with the pensioner in a dwelling maintained by one or the other of them; ( revenu conjoint mensuel )
Old Age Security Act — O-9
pension equivalent means, in respect of any month in a payment quarter, the amount of the full monthly pension payable for that month under section 7 that has not been increased under subsection 7(5); ( valeur de la pension )
Old Age Security Act — O-9 (a)
residual income of the survivor for a month in a current payment period means the amount determined by the formula A - B where A is the monthly income of the survivor in the current payment period, and B is the product (a) obtained by multiplying four-thirds of the rounded pension equivalent by the survivor’s special qualifying factor for the month, and (b) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars; ( revenu résiduel du survivant )
Old Age Security Act — O-9 (a)
residual joint income of a pensioner and the pensioner’s spouse or common-law partner for a month in a current payment period means the amount determined by the formula A - B where A is the monthly joint income of the pensioner and the pensioner’s spouse or common-law partner in the current payment period, and B is the product (a) obtained by multiplying four-thirds of the rounded pension equivalent by the spouse’s or common-law partner’s special qualifying factor for the month, and (b) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars; ( revenu conjoint résiduel )
Old Age Security Act — O-9
rounded pension equivalent means the pension equivalent rounded to the next higher multiple of three dollars when the pension equivalent is not a multiple of three dollars; ( valeur arrondie de la pension )
Old Age Security Act — O-9
rounded supplement equivalent means the supplement equivalent rounded to the next higher multiple of one dollar when the supplement equivalent is not a multiple of one dollar; ( valeur arrondie du supplément )
Old Age Security Act — O-9
supplement equivalent means, in respect of any month in a payment quarter, the amount of the supplement that would be payable for that month under subsection 12(1), (1.1), (1.2), (2), (3) or (4), as the case may be, to a pensioner whose spouse or common-law partner is also a pensioner when both the pensioner and the spouse or common-law partner have no income in the base calendar year and both are in receipt of a full pension; ( valeur du supplément )
Old Age Security Act — O-9
supplement equivalent for the survivor means, in respect of any month in a payment quarter, the amount determined under subsection (4.1), (4.2), (4.3) or (4.4), as the case may be. ( valeur du supplément pour le survivant )
Old Age Security Act — O-9 23
Commencement of allowance 23 (1) Payment of an allowance to any person under this Part shall commence in the first month after the application therefor has been approved, but where an application is approved after the last day of the month in which it was received, the approval may be effective as of such earlier date, not prior to the day on which the application was received, as may be prescribed by regulation. Commencement where waiver of application (1.1) Where the requirement for an application for payment of an allowance has been waived under this Part, the payment of the allowance shall not commence more than eleven months before the month in which the requirement for an application is waived. Exception (2) Notwithstanding subsection (1), where a person who has applied to receive an allowance attained the age of sixty years before the day on which the application was received, the approval of the application may be effective as of such earlier day, not before the later of (a) a day one year before the day on which the application was received, and (b) the day on which the person attained the age of sixty years, as may be prescribed by regulation. Incarcerated persons (3) Despite subsections (1) and (1.1), if the application for an allowance by a person described in paragraph 19(6)(f) or 21(9)(d) is approved while that person is incarcerated, payment of their allowance shall commence in respect of the month in which they are released but only if they (a) have notified the Minister in writing before or after their release; and (b) continue to be eligible for an allowance. R.S., 1985, c. O-9, s. 23; 1995, c. 33, s. 13; 2000, c. 12, ss. 199(E), 209(E); 2010, c. 22, s. 10; 2012, c. 19, s. 461(F)
Old Age Security Act — O-9 24
Consideration of application or waiver 24 (1) The Minister shall, without delay after receiving an application for an allowance under subsection 19(4) or 21(4) or after waiving the requirement for an application for an allowance under subsection 19(4.1) or 21(5.1), as the case may be, consider whether the applicant is entitled to be paid an allowance, and may approve payment of an allowance and fix the amount of benefits that may be paid, or may determine that no allowance may be paid. Notification to applicants or applicant (2) Where particulars of the basis on which the amount of any allowance that may be paid in respect of an application was fixed by the Minister are requested by an applicant or where the Minister determines that no allowance may be paid in respect of the application, the Minister shall forthwith in writing notify the applicants or applicant of the basis on which that amount was fixed or of the decision that no allowance may be paid in respect of the application and the Minister’s reasons therefor, as the case may be. R.S., 1985, c. O-9, s. 24; 1995, c. 33, s. 14; 2000, c. 12, s. 209(E)
Old Age Security Act — O-9 25
Payment of an allowance to be made in arrears 25 Payment of an allowance for any month shall be made in arrears at the end of the month, except that where payment of an allowance in respect of any payment period is approved after the end of the month for which the first payment of the allowance may be made, payments thereof for the month in which payment of the allowance is approved and for months preceding that month may be made at the end of that month or at the end of the month next following that month. R.S., 1985, c. O-9, s. 25; 1998, c. 21, s. 119(E); 2000, c. 12, s. 209(E)
Old Age Security Act — O-9 26
Application of Part II 26 (1) Sections 6, 14, 15 and 18 apply, with such modifications as the circumstances require, in respect of an allowance under this Part and in respect of any application or any waiver of the requirement for an application for an allowance. Information previously submitted (1.1) For greater certainty, the Minister may waive the requirements of subsections 14(1) and 15(1) and (2) in respect of an application for an allowance under this Part if the information required under those subsections has already been submitted to or filed with the Minister in respect of an application for a supplement under Part II. Idem (2) The provisions of subsection 11(2) and sections 16 to 18 apply, with such modifications as the circumstances require, in respect of the supplement payable to the pensioner pursuant to subsection 22(2). R.S., 1985, c. O-9, s. 26; R.S., 1985, c. 34 (1st Supp.), s. 6; 1995, c. 33, s. 15; 2000, c. 12, s. 200; 2007, c. 11, s. 21
Old Age Security Act — O-9 26.1
Deeming provision 26.1 When the requirement for an application for a benefit is waived by the Minister under this Act, the application is deemed to have been made by the applicant on the day on which the requirement is waived and, for greater certainty, the applicant shall not be paid that benefit for any month that is more than 11 months before the month in which the application is deemed to have been made. 2007, c. 11, s. 22
Old Age Security Act — O-9 26.2
Inviting persons to apply 26.2 The Minister may invite persons to make an application for benefits under this Act and may, for that purpose, collect personal information and make available or use personal information available to him or her under this Act. 2012, c. 19, s. 464
Old Age Security Act — O-9 27
Where basis of Consumer Price Index changed 27 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index with respect to any adjustment quarter that is used for the purpose of calculating the amount of any benefit that may be paid under this Act. R.S., c. O-6, s. 17; R.S., c. 21(2nd Supp.), s. 7; 1972, c. 10, s. 6; 1973-74, c. 35, s. 4
Old Age Security Act — O-9 27.1
Request for reconsideration by Minister 27.1 (1) A person who is dissatisfied with a decision or determination made under this Act that no benefit may be paid to the person, or respecting the amount of a benefit that may be paid to the person, may, within ninety days after the day on which the person is notified in writing of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those ninety days, allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination. Reconsideration — penalty (1.1) A person against whom a penalty has been assessed under section 44.1 or, subject to the regulations, any person on their behalf, who is dissatisfied with the decision to impose a penalty or with the amount of the penalty may, within ninety days after the day on which the person is notified in writing of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those ninety days, allow, request the Minister in the prescribed form and manner to reconsider the decision or determination. Decision of Minister (2) The Minister shall, without delay after receiving a request referred to in subsection (1) or (1.1), reconsider the decision or determination, as the case may be, and may confirm or vary it and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall without delay notify, in writing, the person who made the request of the Minister’s decision and of the reasons for it. 1995, c. 33, s. 16; 1997, c. 40, s. 100