Old Age Security Act — O-9 21
the meaning that it had immediately before that coming into force), (a) no allowance may be paid under this section unless the survivor became a survivor on or after January 1, 1998; and (b) no allowance may be paid under this section for any month before the month in which this subsection comes into force. Cessation of allowance (8) An allowance under this section ceases to be payable on the expiration of the month in which the survivor in respect of whom it is paid dies, attains sixty-five years of age or ceases to be a survivor. Limitations (9) No allowance may be paid under this section to a survivor pursuant to an application therefor for (a) any month 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 throughout which the survivor is absent from Canada, having absented themself from Canada either before or after becoming entitled to an allowance under this Part and having remained out of Canada before that month for six consecutive months, exclusive of the month in which they left Canada; or (c) any month during which the survivor is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act ; or (d) any period of incarceration — exclusive of the first month of that period — during which the survivor 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 paragraph (9)(c) (9.1) Paragraph (9)(c) does not apply to a survivor (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 (9.2) Payment of an allowance suspended by virtue of paragraph (9)(d) shall resume in respect of the month in which the survivor 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 survivor (10) The amount of the allowance that may be paid under this section to a survivor shall be determined in accordance with subsection 22(4). Special case (11) Where subsection (5) applies, subsection (10) also applies in respect of months in the payment period in respect of which the joint application was made and that are after the pensioner’s death. Eligibility of applicants (12) A person’s eligibility for an allowance under this section in respect of a deceased spouse or common-law partner is not affected by the eligibility of another person for an allowance under this section in respect of that deceased spouse or common-law partner. R.S., 1985, c. O-9, s. 21; R.S., 1985, c. 34 (1st Supp.), s. 4; 1995, c. 33, s. 11; 1998, c. 21, ss. 115, 119; 2000, c. 12, ss. 197, 207, 208, 209(E); 2001, c. 27, s. 266; 2007, c. 11, s. 20; 2010, c. 22, s. 8; 2012, c. 19, s. 298; 2013, c. 40, s. 236 2014, c. 20, s. 373