Old Age Security (OAS) and Guaranteed Income Supplement (GIS)

Decision

[1] The appeal is dismissed.

[2] The Appellant, R. S., isn’t eligible for an Allowance for the Survivor (“allowance”) under the Old Age Security Act (OAS Act). This decision explains why I am dismissing the appeal.

Overview

[3] The facts of the Appellant’s marital history are not in dispute. The Appellant married R. S. (the Appellant’s “first wife”) on July 2, 1997.^{Footnote 1} The Appellant’s first wife died on August 18, 1998.^{Footnote 2} The Appellant married D. S. (the Appellant’s “second wife”) on October 7, 2000.^{Footnote 3}

[4] The Appellant applied for an allowance on June 21, 2021.^{Footnote 4} The Minister of Employment and Social Development (Minister) denied the application.^{Footnote 5} The Appellant appealed to the Social Security Tribunal’s General Division. The Appellant says that he is the survivor of his first wife. He says that his second wife has been in a group home since July 2013. He says that his benefits are not enough to live on.

What the Appellant must prove

[5] For the Appellant to succeed, he must prove he is the survivor of his first wife as defined by the OAS Act.

Reasons for my decision

[6] The OAS Act defines survivor as a person whose spouse or common-law partner has died and who has not become the spouse or common-law partner of another person.^{Footnote 6}

[7] The Appellant remarried after his first wife died. That means he was no longer the survivor of his first wife, as defined by the OAS Act. As a result, he isn’t entitled to an allowance. 

[8] The Appellant says that his benefits are not enough to live on.

[9] He explained that his second wife is in a group home and would not return home. He said she gets her benefits and he gets his. He said he cannot survive based on his current level of income.

[10] He said that he still files his income tax as a widower.

[11] The Tribunal is created by legislation (law). That means that I have to interpret and apply the law as it is. I cannot change or ignore the law, even if it causes problems for the Appellant.

Conclusion

[12] I find that the Appellant isn’t eligible for an allowance because he is not a survivor.

[13] This means the appeal is dismissed.