Citation: SC v Minister of Employment and Social Development, 2024 SST 377
Social Security Tribunal of Canada
General Division – Income Security Section
Decision
Appellant: | S. C. |
Respondent: | Minister of Employment and Social Development |
Decision under appeal: | Minister of Employment and Social Development reconsideration decision dated January 4, 2024 (issued by Service Canada) |
Tribunal member: | James Beaton |
Type of hearing: | In writing |
Decision date: | March 19, 2024 |
File number: | GP-24-143 |
On this page
Decision
[1] The appeal is dismissed.
[2] The Appellant, S. C., isn’t eligible for a Canada Pension Plan (CPP) retirement pension before November 2023. This decision explains why I am dismissing the appeal.
Overview
[3] The Appellant applied for a CPP retirement pension on October 30, 2023.Footnote 1 He asked to have his pension start as of January 2023.Footnote 2 The Minister of Employment and Social Development approved his application, but with a start date of November 2023.Footnote 3 The Appellant appealed the Minister’s decision to the Social Security Tribunal’s General Division. The Appellant and the Minister provided written arguments to the Tribunal.Footnote 4
What I have to decide
[4] I have to decide whether the Appellant is eligible for a CPP retirement pension before November 2023.
Reasons for my decision
[5] The Appellant isn’t eligible for a CPP retirement pension before November 2023.
[6] The Canada Pension Plan says a retirement pension begins on the latest of the following dates:Footnote 5
- the month after the Appellant turned 60—that is, January 2023
- the month after the Minister received his application—that is, November 2023
- the month he chose in his application—that is, January 2023
[7] The latest of these dates is November 2023. That is the earliest his payments could begin.
[8] The Federal Court of Canada has said that it isn’t the Minister’s responsibility to notify people of the benefits that they might be eligible for.Footnote 6
[9] Furthermore, the Tribunal doesn’t have the authority to determine if the Minister gave the Appellant bad advice or failed to give him advice about applying for a retirement pension.Footnote 7
Conclusion
[10] I find that the Appellant isn’t eligible for a CPP retirement pension before November 2023.
[11] This means the appeal is dismissed.