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

Decision

[1] The appeal is dismissed.

[2] The Appellant, I. R., isn’t eligible for the Guaranteed Income Supplement (GIS).^{Footnote 1} This decision explains why I am dismissing the appeal.

Overview

[3] The Appellant is an 82-year-old Canadian citizen. He is originally from Romania and now lives in Israel. He hasn’t been to Canada since 2017.

[4] The Appellant says that he should receive the GIS for humanitarian reasons because he worked in Canada for 21 years and is now facing financial and health problems.

[5] The Minister of Employment and Social Development (Minister)^{Footnote 2} says the Appellant isn’t eligible for the GIS because he doesn’t reside in Canada and hasn’t resided in Canada for many years.

[6] The Minister decided that the Appellant had to repay $7,212.35. This is how much he received in GIS payments from August 2019 to December 2020, before the Minister learned he wasn’t residing in Canada.^{Footnote 3}

What the Appellant must prove

[7] To receive the GIS, the Appellant has to prove that he is eligible for it based on the rules set out in the Old Age Security Act (OAS Act).^{Footnote 4} He also has to prove that none of the limitations or restrictions in the OAS Act apply to him.

Reasons for my decision

[8] These are the reasons why I am dismissing the appeal.

The Appellant resides in Israel and doesn’t qualify for the GIS

[9] The Appellant admitted at the hearing that he resides in Israel. He participated in the hearing from his home in Israel. The documents that he provided to the Minister show that he moved from Canada to Israel in 2006.^{Footnote 5}

[10] The Appellant explained that, before 2018, he would travel to Canada once per year and stay with friends for about a month. The rest of the time, he lived in Israel. However, he explained that his last visit to Canada was in 2017. He no longer travels due to his health. He does still have a valid Canadian passport.

[11] Given that he doesn’t reside in Canada, the Appellant doesn’t qualify for the GIS.

A member of the Social Security Tribunal doesn’t have discretion to vary the law

[12] The Appellant wants me to create an exception to the law for him, based on humanitarian grounds. As a member of the Social Security Tribunal, I don’t have the power to make exceptions to the rules in the OAS Act.

[13] The Appellant argues that:

• he has a number of serious health problems
• his current monthly income isn’t enough to meet his needs and isn’t fair given the taxes he paid
• he worked and paid taxes in Canada for 21 years
• Service Canada should not have sent him the GIS application form if he wasn’t eligible

[14] None of those arguments would allow me to grant the GIS to someone who has lived outside Canada for more than six months.

Conclusion

[15] I find that the Appellant isn’t eligible for the GIS.

[16] This means the appeal is dismissed.