Canada Pension Plan — C-8 60
ion. 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, prior to his death, would have been entitled, on approval of an application, to payment of a benefit under this Act; or (b) on the date of the death of a child or an orphan referred to in subsection (3) if the person or agency having decision-making responsibility in respect of the child or orphan did not make an application prior to the death of the child or orphan. How application to be made (6) An application for a benefit shall be made to the Minister in prescribed manner and at the prescribed location. Consideration of application and approval by Minister (7) The Minister shall forthwith on receiving an application for a benefit consider it and may approve payment of the benefit and determine the amount thereof payable under this Act or may determine that no benefit is payable, and he shall thereupon in writing notify the applicant of his decision. Incapacity (8) Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person had been incapable of forming or expressing an intention to make an application on the person’s own behalf on the day on which the application was actually made, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later. Idem (9) Where an application for a benefit is made by or on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that (a) the person had been incapable of forming or expressing an intention to make an application before the day on which the application was actually made, (b) the person had ceased to be so incapable before that day, and (c) the application was made (i) within the period that begins on the day on which that person had ceased to be so incapable and that comprises the same number of days, not exceeding twelve months, as in the period of incapacity, or (ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which that person had ceased to be so incapable, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later. Period of incapacity (10) For the purposes of subsections (8) and (9), a period of incapacity must be a continuous period except as otherwise prescribed. Application (11) Subsections (8) to (10) apply only to individuals who were incapacitated on or after January 1, 1991. Disabled contributor’s child’s benefit application (11.1) If an application for a disability pension or a post-retirement disability benefit is deemed, under subsection (8) or (9), to have been made in a month that precedes the month in which it was actually made, the Minister may also deem the application for a disabled contributor’s child’s benefit to have been made on behalf of the contributor’s child in that same month. Making claim or providing information in person (12) The Minister may require an applicant or other person or a group or class of persons to be at a suitable place at a suitable time in order to make an application for benefits in person or to provide additional information about an application. R.S., 1985, c. C-8, s. 60; R.S., 1985, c. 30 (2nd Supp.), s. 28, c. 1 (4th Supp.), s. 44(E); 1991, c. 44, s. 14; 1997, c. 40, s. 77; 2009, c. 31, s. 37; 2018, c. 12, s. 386 2019, c.