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

[1] The appeal is allowed.

[2] The request by the Appellant, V. C., for reconsideration of the decision of the Minister of Employment and Social Development (Minister) made July 30, 2020 was not late.

[3] This decision explains why I am allowing the appeal.

Overview

[4] The Appellant is a retired engineer currently located in Romania.^{Footnote 1} The Appellant applied for Old Age Security benefits (OAS). By letter dated July 30, 2020, the Minister of Employment and Social Development (Minister) provided its response to her application for OAS. The Appellant was not satisfied with the Minister’s decision. The Appellant submitted a request for a reconsideration. However, the Appellant’s request did not arrive at Service Canada until April 6, 2021.

[5] The Minister refused to consider the Appellant’s request for reconsideration because the request was submitted more than 90 days after the Minister believed the Appellant had received the Minister’s decision. The Appellant appealed the Minister’s refusal to reconsider its decision to the Social Security Tribunal’s General Division.

What the Appellant must prove

[6] For the Appellant to succeed, she must prove that she submitted a request for reconsideration 90 days from the day she received the Minister’s letter dated July 30, 2020. There are situations where the Minister may accept an excuse for a delayed request for reconsideration, but I don’t have to consider those situations in this appeal.

Reasons for my decision

[7] I find that the Appellant’s request for reconsideration was not late. These are my reasons for my decision.

[8] At first, the Minister argued that the Appellant’s request for reconsideration was late. This is because on the form the Appellant submitted to Service Canada to request a reconsideration, the Appellant wrote that she received the Minister’s letter on July 30, 2020. That was an obvious clerical error. The Minister’s letter was dated July 30, 2020. It could not have arrived in Romania that same day given that it was sent by regular mail.

[9] After the Appellant clarified that she received the letter on November 28, 2020, the Minister changed its position. The Minister now agrees that factoring in the mail delays caused by the COVID-19 pandemic, the Appellant’s request for reconsideration was not late.^{Footnote 2}

[10] I agree with the Appellant and the Minister. The evidence supports that the Appellant was diligent in meeting the timelines and that any delays were caused by pandemic-related postal issues in both Canada and Romania

Conclusion

[11] I find that the Appellant’s request for reconsideration was not late. The Minister must now reconsider its decision of July 2020.

[12] This means the appeal is allowed.