Old Age Security Act — O-9 19
ment period, the Minister shall, not later than fifteen days before that subsequent month or the first of those subsequent months, notify the spouse or common-law partner in writing that an application is required. Cancellation of waiver (4.3) Notwithstanding that the requirement for an application for any month or months has been waived under subsection (4.1), the Minister may require that an application referred to in subsection (4) be made for payment of an allowance for that month or for any of those months, and in such a case, the Minister shall, not later than fifteen days before that month or the first of those months, notify the spouse or common-law partner in writing that an application is required. Cessation of allowance (5) An allowance under this section ceases to be payable on the expiration of the month in which the spouse, common-law partner or former common-law partner in respect of whom it is paid dies, becomes the spouse or common-law partner of another person, or no longer meets the conditions set out in subsection (1). Limitations (6) No allowance may be paid under this section to the spouse or common-law partner of a pensioner pursuant to an application therefor for (a) any month that is more than 11 months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be; (b) any month for which no supplement may be paid to the pensioner; (c) any month throughout which the spouse or common-law partner is absent from Canada, having left Canada either before or after becoming entitled to an allowance under this Part and having remained outside Canada before that month for six consecutive months, exclusive of the month in which he left Canada; (d) any month during which the spouse or common-law partner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act ; (e) in the case of a common-law partner who was not a spouse immediately before the coming into force of this paragraph (“spouse” having in this paragraph the meaning that it had immediately before that coming into force), notwithstanding subsection 23(2), any month before the month in which this paragraph comes into force; or (f) any period of incarceration — exclusive of the first month of that period — during which the spouse or common-law partner is subject to a sentence of imprisonment (i) that is to be served in a penitentiary by virtue of any Act of Parliament, or (ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act , if the government of the province in which the prison is located has entered into an agreement under section 41 of the Department of Employment and Social Development Act . Application of par. (6)(b) (6.1) Paragraph (6)(b) does not apply to a spouse or common-law partner of a pensioner in respect of a month for which a supplement would be payable to the pensioner if (a) the special qualifying factor of that pensioner for that month were equal to one; or (b) the pensioner were not precluded from receiving a supplement by virtue of the application of subsection 5(3). Application of paragraph (6)(d) (6.2) Paragraph (6)(d) does not apply to a spouse or common-law partner (a) who was qualified to receive an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or (b) if an event as provided by the regulations has occurred. Resumption of allowance (6.3) Payment of an allowance that is suspended by virtue of paragraph (6)(f) shall resume in respect of the month in which the spouse or common-law partner is 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. Amount of allowance to spouse or common-law partner of pensioner (7) The amoun