About OAS Decisions
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Q6.1
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Can a Review Tribunal grant me an
OAS pension even if I do not meet the minimum residence
requirements?
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A6.1
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No. A Review Tribunal can only determine a question
of fact or law. This means that your claim must be about
a fact (for example, your years of residence in Canada)
or about a provision of the OAS Act. A Tribunal has
no power to ignore or change a requirement of the Act
based on compassionate grounds, no matter what the circumstances.
The decision of a Review Tribunal must be according
to the OAS Act.
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Q6.2
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I have provided extensive proof of
my residence in Canada, but I was still denied an OAS
pension. When I appeal to a Review Tribunal, will SDC
be asked by the Tribunal to prove that I was not residing
in Canada during the period in question?
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A6.2
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In an appeal to a Review Tribunal, it is up to you
as the Appellant to prove your claim. If your appeal
involves residence in Canada, it is your responsibility
to provide to the Review Tribunal all the information
you need to prove your case. This information may include
written or oral evidence presented at your hearing.
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Q6.3
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If my appeal is denied by a Review
Tribunal, what else can I do?
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A6.3
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Under the OAS Act, the Review Tribunal's decision is
final and binding on the parties to the appeal. Under
certain circumstances, the Review Tribunal's decision
may be reviewed by the Federal of Court of Canada. For
more information see Levels
of Appeal - For Old Age Security (OAS) and Federal
Court of Canada.
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Q6.4
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My application for an allowance
and my spouse's application for the Guaranteed Income
Supplement were denied because SDC claims that our
income was too high. I think that SDC should not have
used part of my income to determine our eligibility.
Will a Review Tribunal consider my appeal?
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A6.4
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When an Appellant questions a decision made by SDC
about income, the OAS Act requires that the OCRT refer
the appeal to the Tax
Court of Canada. This is because only the Tax Court
of Canada can make decisions concerning income under
the Income Tax Act. The income used for determining
eligibility for the Guaranteed Income Supplement and
the Allowance under the Old Age Security Act is income
as determined under the Income Tax Act.
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