Citation: AS v Minister of Employment and Social Development, 2021 SST 845
Social Security Tribunal of Canada
General Division – Income Security Section
Decision
| Appellant: | A. S. |
| Representative: | Mary Sillett |
| Respondent: | Minister of Employment and Social Development |
| Decision under appeal: | Minister of Employment and Social Development reconsideration decision dated August 5, 2020 (issued by Service Canada) |
| Tribunal member: | Jackie Laidlaw |
| Type of hearing: | On the Record |
| Decision date: | November 15, 2021 |
| File number: | GP-20-1134 |
On this page
- Decision
- Overview
- What the Claimant must prove
- Matters I have to consider first
- Reasons for my decision
- Conclusion
Decision
[1] The appeal is allowed.
[2] The Claimant, A. S., is eligible for a CPP death benefit for her late common law spouse, E. W..
Overview
[3] The Claimant was the common-law spouse of the deceased contributor, E. W. The death benefit had originally been paid to J. W., the son of the deceased. The Minister changed her position and agreed the Claimant is eligible for the death benefit.
What the Claimant must prove
[4] For the Claimant to succeed, she must prove she was the common-law spouse of the deceased contributor.
Matters I have to consider first
The Claimant wasn’t at the hearing
[5] A hearing can go ahead without the Claimant if she got the notice of hearing.Footnote 1
[6] The Claimant does not have a phone. I cannot confirm if she received the notice of hearing. However, I do not find it relevant whether the Claimant received the notice of hearing. I will explain in the next few paragraphs.
The Minister requested the appeal be determined on the record
[7] The Minister’s response to the appeal, dated May 7, 2021, was misfiled at the Tribunal. While investigating if the Claimant received the notice of appeal, I found the response today, November 15, 2021. In the response, the Minister requested the appeal proceed in writing based on the current record. For this error, I apologise to the parties for the confusion in proceeding with an oral hearing.
[8] As the Minister’s response provided missing relevant evidence, I have made my determination based on the record.
[9] Therefore, it is not relevant whether the Claimant attended the hearing, as I have determined the appeal based on the record.
Reasons for my decision
[10] The Minister supplied substantial evidence that the Claimant is the common-law spouse of the deceased contributor.
[11] The Minister accepts the Claimant is eligible for the CPP death benefit, and has requested the appeal be allowed.
Conclusion
[12] I find that the Claimant is eligible for a CPP Death Benefit.
[13] This means the appeal is allowed.