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

Decision

[1] The appeal won’t go ahead. Here is why.

Overview

[2] The Appellant applied for a pension under the Old Age Security Act on October 1, 2018.^{Footnote 1} On February 10, 2020,^{Footnote 2} the Minister of Employment and Social Development (Minister) refused her application. On March 25, 2020,^{Footnote 3} the Appellant asked the Minister to reconsider its decision. On June 23, 2022,^{Footnote 4} after reconsidering its decision, the Minister refused the application again.

[3] On January 24, 2024,^{Footnote 5} the Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal).

What I have to decide

[4] I have to decide whether the Appellant filed her appeal on time.

Reasons for my decision

[5] The appeal won’t go ahead because the Appellant didn’t file her appeal with the Tribunal on time. Here are the reasons for my decision.

What the law says

[6] If a person disagrees with the Minister’s reconsideration decision, they have to file an appeal with the Tribunal within 90 days after the Minister told them about the decision.^{Footnote 6}

[7] If they don’t meet this deadline, the Tribunal can give them more time (in other words, accept the appeal even though it is late). But the deadline to appeal a reconsideration decision can’t be extended beyond one year.^{Footnote 7}

The appeal was past the one-year deadline

[8] I find that the Appellant appealed after the one-year deadline.

The Minister communicated its decision on or around June 20 or July 4, 2023

[9] The Minister communicated its reconsideration decision to the Appellant on or around June 20 or July 4, 2023.

[10] The reconsideration decision letter is dated June 8, 2022.^{Footnote 8} There is also a copy of this decision dated June 23, 2022.^{Footnote 9}

[11] Canada Post usually delivers mail within 10 days in Canada. It is reasonable to believe that this is what happened in this case. So, I think these letters were delivered to the Appellant around June 20 or July 4, 2023.

[12] The Appellant indicates in her appeal that she received the reconsideration decision on January 4, 2024.^{Footnote 10} I find it unlikely that she would have received the reconsideration letter I referred to above on that date.

[13] The Appellant seems to have responded to the Minister’s June 8, 2022, reconsideration decision with a new pension application, received by the Minister on July 21, 2022.^{Footnote 11} First, I don’t have jurisdiction over this one because it doesn’t appear to have been reconsidered yet.

[14] Second, this was followed by correspondence between the Minister and the Appellant about this new pension application. And, on December 8, 2023,^{Footnote 12} the Minister made its initial decision about this application. I find it likely that this is the decision the Appellant received on January 4, 2024, and not the reconsideration letter I referred to above.

The appeal had to be filed by July 4, 2023

[15] The Appellant had until July 4, 2023, to appeal to the Tribunal.

[16] She filed her appeal on January 24, 2024.

[17] The Tribunal doesn’t have equitable jurisdiction. In other words, I can’t allow the appeal just because I think it would be fair to do so, or because I want to help the Appellant out of a difficult situation. I have to follow the law.

Conclusion

[18] The Appellant filed her appeal more than one year after the Minister communicated its reconsideration decision to her.

[19] This means that the appeal won’t go ahead.