Appeal for Old Age Security and Guaranteed Income Supplement Dismissed Due to Residency Requirements

Citation: FA  v  [NAME_1] , 2026  [NAME_2]  135 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: [redacted] Representative: [NAME_10]. Respondent: [redacted] Decision under appeal: [NAME_1] reconsideration decision dated November 13, 2024 (issued by Service Canada) Tribunal member: [NAME_3] of hearing: In Writing Decision date: January 29, 2026 File number: GP-25-1466 On this page Decision Overview What I must decide Eligibility requirement for the GIS and OAS Reasons for my decision Conclusion Decision [ 1 ] The appeal is dismissed. [ 2 ] The Appellant, [NAME_9]., is not entitled to be maintained on her Old Age Security (“ OAS ”) pension nor is she entitled to a Guaranteed Income Supplement (“ GIS ”). [ 3 ] This decision explains why I am dismissing the appeal. Overview [ 4 ] The Appellant was born in the Philippines. She began to reside in Canada in 2004. In 2014, she applied for an OAS pension and was awarded a partial pension at a rate of 10/40ths with an effective date of November 2014 Footnote 1 . The [NAME_1] (Minister) started paying the Appellant an Old Age Security ( OAS ) pension in November 2014. Footnote 2 [ 5 ] The Appellant applied for a GIS in 2014 as well. She was granted this benefit in December 2014 with an effective date of November 2014. Footnote 3 [ 6 ] A person who receives an OAS pension is also eligible for the GIS if they meet certain requirements. For example, their income needs to be below a certain level. And they have to stay in Canada. If they leave Canada for more than six months, they are no longer eligible for the GIS . [ 7 ] The Minister started paying the Appellant the GIS in November 2014. [ 8 ] The Minister stopped the Appellant’s OAS and GIS payments in October 2022, as she had been absent from Canda for more than six months and she did not have sufficient years or residence to port her OAS benefits. Footnote 4 The Minister says the Appellant stopped residing in Canada in October 2022. This means the Appellant isn’t eligible for the OAS or the GIS after October 2022. [ 9 ] The Appellant appealed the Minister’s decision to the Social Security Tribunal’s General Division. [ 10 ] The Appellant, through her daughter wrote to the Tribunal and explained that she had wanted to return to Canada following an expected short trip to the Philippines. However, while temporarily out of Canada, the Appellant’s daughter experienced a significant slip-and-fall injury resulting in a fracture to her tibia bone. Following surgery the daughter was advised against travel. Because of this, she could not provide companionship to the Appellant on her return to Canada. [ 11 ] When the Appellant was eventually able to return to Canada, she was exhibiting signs of dementia. It was determined by her family members that she would require significant care. Additionally, the Appellant was expressing a wish to return home to the Philippines a decision was made to bring her back to the Philippines so that another daughter could provide care for her. [ 12 ] The Appellant says it has always been her intention to reside in Canada. But for her medical needs she would be living in Canada. As a result, she would like to be maintained on her OAS and GIS benefits. [ 13 ] The Minister says that in order to receive an OAS benefit while outside of Canada, an individual requires 20 years or residence in Canada after the age of 18. Otherwise, OAS pension payments are to be paid for the month of departure and the following six months. After that, payments are suspended. Somewhat similarly, GIS benefits are only payable while an individual is present in Canada. GIS payments may remain payable for up to a maximum of six months after exiting Canada. This is regardless of the reasons for the absence. As a result, the Minister says the Appeal should be denied. What I must decide [ 14 ] To receive the OAS and GIS , the Appellant has to prove that she continued to maintain residence in Canada after September 2022. [ 15 ] The Appellant has to prove this on a balance of probabilities. This means that she has to show that it is more likely than not that she resided in Canda during this time. Footnote 5 Eligibility requirement for the GIS and OAS [ 16 ] The  GIS  is an income-tested monthly benefit that is paid to individuals who receive the  OAS  pension, reside in Canada, and have little to no income. If a  GIS  recipient stops residing in Canada for a period of six months, then that person is no longer eligible for the  GIS . Footnote 6  Similarly, if a person is absent from Canada, then they are paid the  GIS  for six months after the month of departure then it stops. Footnote 7  This is so regardless of how many years of residency in Canada the person has. [ 17 ] The law says that being present in Canada isn’t the same as residing in Canada. “Residence” and “presence” each have their own definition. I have to use these definitions in making my decision. [ 18 ] A person  resides  in Canada if they make their home and ordinarily live in any part of Canada. Footnote 8 [ 19 ] A person is  present  in Canada when they are physically present in any part of Canada. Footnote 9 [ 20 ] When I am deciding whether the Appellant resided in Canada, I have to look at the overall picture and factors such as: Where he had property, like furniture, bank accounts, and business interests; Where he had social ties, like friends, relatives, and membership in religious groups, clubs, or professional organizations; where he had other ties, like medical coverage, rental agreements, mortgages, or loans; where he filed income tax returns; what ties he had to another country; how much time he spent in Canada; how often he was outside Canada, where he went, and how much time he spent there; what his lifestyle was like in Canada; what his intentions were. [ 21 ] This isn’t a complete list. Other factors may be important to consider. I have to look at all the Appellant’s circumstances. Footnote 10 Reasons for my decision The Minister determined that the Appellant was not entitled to an OAS benefit or a GIS supplement after September 2022. This decision was based on the Appellant’s lack of presence in Canada. As set out above, when an individual departs from Canada they can only be entitled to an OAS benefit for six months. The exception to this is when they have more than 20 years of residence in Canada prior to leaving. In the Appellant’s case, she only has 10 years of residence. As a result, she is unable to be maintained on an OAS benefit for more than six months after leaving Canada. This is true regardless of her intentions or the hardship she faces given her family situation and her age. The OAS legislation squarely addresses this issue and I am bound by the OAS . As a result, she is not entitled to the OAS benefit after being out of Canada for six months. As I set out above, the OAS also has rules for how long a person can be maintained on a GIS while they are absent from Canada. The OAS says you can only continued to receive a GIS when you are absent from Canada for less than six months. After six months of absence, an OAS benefit must be suspended. This is true regardless of your intentions to remain resident in Canada. In the Appellant’s case, she left Canda in March 2022. When she did not return to Canada to maintain residence in September 2022, the Minister was correct to suspend her OAS and GIS payments. I am satisfied this was done in accordance with the law as it is set out in the OAS . Conclusion [ 22 ] The Appellant didn’t meet the presence requirement to receive the GIS or the OAS . So, the Appellant wasn’t eligible for either benefit after six months of not being present in Canada as of September 2022. [ 23 ] This means the appeal is dismissed. Footnotes Footnote 1 GD2-45 Return to footnote 1 referrer Footnote 2 The [NAME_1] (Minister) manages the Old Age Security programs for the Government of Canada. See the reconsideration decision at GD2-45 Return to footnote 2 referrer Footnote 3 GD6-12 Return to footnote 3 referrer Footnote 4 Only the OAS benefit is portable. The GIS is not portable. I will explain this later. Return to footnote 4 referrer Footnote 5 [NAME_4]  v  Canada (Attorney General) , 2013  FC  366. Return to footnote 5 referrer Footnote 6 Paragraph 11(7)(d) of the  OAS  Act . Return to footnote 6 referrer Footnote 7 Paragraph 11(7)(c) of the OAS Act. Return to footnote 7 referrer Footnote 8 See section 21(1)(b) of the  OAS  Regulations . Return to footnote 8 referrer Footnote 9 See  Canada (Minister of Human Resources Development)  v  [NAME_5] , 2005  FC  76. See also  [NAME_6]  v  Canada (Attorney General) , 2008  FC  1111;  [NAME_7]  v  Canada (Attorney General) , 2013  FC  319; and  [NAME_4]  v  Canada (Attorney General) , 2013  FC  366. Return to footnote 9 referrer Footnote 10 See  Canada (Minister of Human Resources Development)  v  [NAME_8] , 2005  FC  1277. Return to footnote 10 referrer