Other Canada Pension Plan (CPP)

Decision

[1] The Claimant is not entitled to a Canada Pension Plan (CPP) death benefit.

Overview

[2] The Minister received an application for the death benefit from J. M. (Added Party) on August 14, 2017^{Footnote 1}, executrix of the estate of T. K. (the deceased contributor).^{Footnote 2} The Minister approved the application.  The amount of $2500 was paid to the estate of T. K. as there was no other death benefit application on file.

[3] The Minister received the Claimant’s application for the death benefit on October 17, 2017.^{Footnote 3} He is the executor of the deceased contributor in another will dated August 14, 2014.^{Footnote 4} The Claimant also submitted a copy of the Certificate of Appointment of Estate Trustee with a Will from the Ontario Superior Court of Justice.^{Footnote 5} The Claimant requested that the death benefit be paid to him; as the Added Party used a will that was deemed not valid. The Minister denied the application initially and at reconsideration as the death benefit had already been paid to the estate of T. K. The Claimant appealed the reconsideration decision to the Social Security Tribunal.

Issue

[4] Is the Claimant entitled to the CPP death benefit?

Analysis

[5] A death benefit shall be paid to the estate of a deceased contributor.^{Footnote 6}

[6] The maximum death benefit payable to the estate of a contributor where the contributor’s death occurs after December 31, 1977, shall not exceed $2,500.^{Footnote 7}

[7] Where payment of the death benefit has been approved, the Minister shall pay the death benefit to the estate of the contributor.^{Footnote 8}

[8] Where a payment of the death benefit has been made the Minister is not liable to make that payment to any subsequent applicant.^{Footnote 9}

[9] The only statutory liability of the Minister is to pay the death benefit that is owed to the estate.^{Footnote 10}

[10] The Claimant was the second applicant for the death benefit as executor of the estate of the deceased contributor who died June 12, 2017.^{Footnote 11}

[11] The Minister paid the full death benefit to the Estate of T. K., the deceased contributor. The Added Party testified that she received the death benefit in the amount of $2500.

[12] The obligation of the Minister is to pay the death benefit to the estate of the deceased contributor.  The Minister has done so, as confirmed by the Added Party. I find the Minister paid the death benefit in accordance with the requirements of the CPP, and is not liable to make that payment to any subsequent applicant, including the Claimant.

The Tribunal has limited jurisdiction

[13] While I am sympathetic to the Claimant’s situation, I am bound by the legislation. As a Tribunal Member, I am required to interpret and apply the provisions as they are set out in the CPP. The Claimant submits that the Added Party used a will that was deemed as invalid and it took the Claimant longer to get a copy of the death certificate because of the government and he applied late; however, I have no authority to determine which will is valid. If the Claimant believes he is owed the death benefit money, this issue will need to be addressed in another forum with authority.

Conclusion

[14] I find the Claimant is not entitled to the CPP death benefit. The death benefit was processed correctly in accordance with CPP legislation.

[15] The appeal is dismissed.