Old Age Security Act — O-9 15
n did not have a spouse or common-law partner on the last day of the previous payment period, in any case where (a) no application or statement as described in subsection (2) has been filed by or received from the spouse or common-law partner of the person and no estimate of the income of the spouse or common-law partner of the person has been made under subsection 14(1.1); or (b) the Minister is satisfied that the person, as a result of circumstances not attributable to the person or the spouse or common-law partner, was not living with the spouse or common-law partner in a dwelling maintained by the person or the spouse or common-law partner at the time the application was made. Continuing direction (3.1) A direction made under subsection (3) 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 the Minister considers necessary, cancel the direction. Direction — spouse or common-law partner of incarcerated person (3.2) The Minister may, after any investigation that the Minister considers necessary, direct, in respect of any month in a payment period, that an application for a supplement be considered and dealt with as though the applicant did not have a spouse or common-law partner on the last day of the previous payment period if the Minister is satisfied that, at any time during the preceding month, the applicant was the spouse or common-law partner of an incarcerated person described in subsection 5(3), except for the month in which the applicant’s spouse or common-law partner is released. Continuing direction (3.3) A direction made under subsection (3.2) continues to apply in respect of every subsequent month until the month before the month in which the spouse or common-law partner is released. However, the Minister may, after any investigation of the circumstances that the Minister considers necessary, cancel the direction. Notification of release (4) Every applicant who is the subject of a direction under subsection (3.2) shall inform the Minister without delay of their spouse or common-law partner’s release. Direction by Minister where spouses separated (4.1) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 has been made by a person, the Minister, if satisfied that the person is separated from the person’s spouse, having been so separated for a continuous period of at least three months, exclusive of the month in which the spouses became separated, shall direct that the application be considered and dealt with as though the person had ceased to have a spouse at the end of the third such month. Where applicant ceases to have a common-law partner otherwise than by death (4.2) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by a person who at any time in the payment period ceases to have a common-law partner otherwise than by reason of the common-law partner’s death, the supplement paid to the person, for any month in that payment period after the third month following the month in which the person ceased to have a common-law partner, shall be calculated as though the person did not have a common-law partner on the last day of the previous payment period. Review of direction where statement subsequently filed by spouse or common-law partner (5) Where, after the Minister has made a direction under subsection (3) with respect to an application for a supplement made in respect of a payment period that ends before July 1, 1999, a statement or application as described in subsection (2) is filed by or received from the applicant’s spouse or common-law partner, the Minister may review the direction previously made and direct that any supplement paid to the applicant or the spouse or common-law partner for any month in that payment period after the month in which the review is made be