Claimant Granted Partial OAS Pension After Appeal

OUTCOME: Allowed

Citation: [NAME]  v  [RESPONDENT] Development , 2026  SST  176 Social Security Tribunal of Canada [NAME] Security Section Decision Appellant: [redacted] Representative: S. Y. Respondent: [redacted] Decision under appeal: [RESPONDENT] Development reconsideration decision dated August 6, 2025 (issued by Service Canada) Tribunal member: [NAME] of hearing: In writing Decision date: March 5, 2026 File number: GP-25-1543 On this page Decision Overview What the Appellant must prove Reasons for my decision When payments start Conclusion Decision [ 1 ] The appeal is allowed. [ 2 ] The Appellant, [APPELLANT]. [APPELLANT]., is eligible for a partial Old Age Security ( OAS ) pension of 12/40. Payments start as of June 2023. [ 3 ] This decision explains why I am allowing the appeal. Overview [ 4 ] The 68-year-old [APPELLANT] was born in [DATE]. She turned 65 years of age on March 19, 2022. She says she first came to Canada on January 8, 2008, for two weeks. She has since spent time in Canada and China. [ 5 ] The [APPELLANT] applied for an OAS pension on October 18, 2023. She said she wanted her pension to start as soon as she qualified. [ 6 ] The [RESPONDENT] Development (Minister) refused the Appellant’s application. Footnote 1 The Appellant appealed the Minister’s decision to the Social Security Tribunal’s [NAME]. [ 7 ] The Appellant first said that she has lived in Canada permanently since January 8, 2008. She had some periods of absence from Canada but said she only ever left temporarily. She said she was always resident in Canada. [ 8 ] The Minister first said the Appellant wasn’t eligible for an OAS pension because she didn’t give the Minister enough information to prove when she was resident in Canada. Footnote 2 [ 9 ] More recently, the Minister changed its position. The Minister now says the Appellant started residing in Canada on March 8, 2010, and continued to reside here as of January 30, 2026. Footnote 3 [ 10 ] As a result, the Minister says the Appellant qualified for a partial OAS pension as of November 2022. However, because she was absent from Canada between September 2021 and May 2023, her pension payments can’t start until June 2023. Footnote 4 [ 11 ] The Minister also says the Appellant is eligible to be paid a Guaranteed Income Supplement ( GIS ), starting in June 2023. Footnote 5 [ 12 ] The Appellant agrees with the Minister’s position. Footnote 6 What the Appellant must prove [ 13 ] To receive a full OAS pension, the Appellant has to prove she resided in Canada for at least 40 years after she turned 18. Footnote 7 This rule has some exceptions. But the exceptions don’t apply to the Appellant. Footnote 8 [ 14 ] If the Appellant doesn’t qualify for a full OAS pension, she might qualify for a partial pension. A partial pension is based on the number of years (out of 40) that a person resided in Canada after they turned 18. For example, a person with 12 years of residence receives a partial pension of 12/40 the full amount. [ 15 ] To receive a partial OAS pension, the Appellant has to prove she resided in Canada for at least 10 years after she turned 18. But, if the Appellant didn’t reside in Canada the day before her application was approved, she has to prove she already has 20 years of residence. Footnote 9 [ 16 ] The Appellant has to prove she resided in Canada. She has to prove this on a balance of probabilities. This means that she has to show that it is more likely than not she resided in Canada during the relevant periods. Footnote 10 Reasons for my decision [ 17 ] I find that the Appellant is eligible for a partial OAS pension of 12/40. [ 18 ] The parties agree that the Appellant has proved that she began to reside in Canada on March 8, 2010. They agreed on this date because the Appellant didn’t provide sufficient proof of her residence before that. [ 19 ] The Appellant resided in Canada for 12 years, 7 months, and 10 days, up to when her application was approved on October 18, 2022. [ 20 ] Payments start as of June 2023 because the Appellant was not in Canada when she became a pensioner, so her payments can’t start until the month after she returned to Canada. I will explain this finding later in the decision. [ 21 ] Here are the reasons for my decision. The test for residence [ 22 ] 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. [ 23 ] A person resides in Canada if they make their home and ordinarily live in any part of Canada. Footnote 11 [ 24 ] A person is present in Canada when they are physically present in any part of Canada. Footnote 12 [ 25 ] When I am deciding whether the Appellant resided in Canada, I have to look at the overall picture and factors such as: Footnote 13 where she had property, like furniture, bank accounts, and business interests where she had social ties, like friends, relatives, and membership in religious groups, clubs, or professional organizations where she had other ties, like medical coverage, rental agreements, mortgages, or loans where she filed income tax returns what ties she had to another country how much time she spent in Canada how often she was outside Canada, where she went, and how much time she spent there what her lifestyle was like in Canada what her intentions were [ 26 ] This isn’t a complete list. Other factors may be important to consider. I have to look at all the Appellant’s circumstances. Footnote 14 When the Appellant resided and didn’t reside in Canada [ 27 ] The Appellant and Minister agree that the Appellant has proved that she resided in Canada from March 8, 2010, to present. I agree with the parties. [ 28 ] The Appellant got permanent residency in Canada in 2008. Footnote 15 When in Canada she lives in her daughter’s home. She has clothing and personal property in Canada. She is registered for [NAME]. She has a driver’s licence. She has a doctor and a dentist. She has social ties. Footnote 16 [ 29 ] The Appellant has financial ties to Canada. She filed taxes in Canada beginning in 2008. She provided Notices of Assessment for 2020 to 2024. She opened a bank account, got a credit card, and made investments in Canada. Footnote 17 [ 30 ] However, there is no evidence that the Appellant was present in Canada before March 8, 2010. So, I agree with the parties that she didn’t reside here before then. [ 31 ] Since March 2010, the Appellant has been absent from Canada several times. However, she maintained her significant ties to Canada during these periods. I agree with the parties that her absences didn’t interrupt her residence. The Appellant qualified for a partial OAS pension [ 32 ] The Appellant qualified for a partial OAS pension of 12/40 on October 18, 2022. As I explain below, this is the effective approval date of her OAS pension. The amount of her pension is based on how many years she had resided in Canada by that date. [ 33 ] The Appellant met most of the requirements for the pension before October 2022. Footnote 18 She met the age requirement (65) on March 19, 2022. She met the minimum residence requirement of 10 years on March 7, 2020. There is no dispute that she was legally resident in Canada on October 17, 2022 (the day before her application could be approved.) Footnote 19 [ 34 ] But she still had to meet one more requirement. She had to apply for the pension. She applied on October 18, 2023. [ 35 ] The Appellant was 66 when she applied. When an application is received after a person turns 65, the approval takes effect on the latest of the following dates: Footnote 20 one year before the day it was received – in this case, October 18, 2022 the day the Appellant qualified for a pension after turning 65 and meeting the 10-year residence requirement – in this case, March 19, 2022 the month before the day specified in writing by the Appellant – in this case, the Appellant asked for payments to start as soon as she qualified, which was March 19, 2022, and the month before that is February 2022 [ 36 ] The latest of these dates is October 18, 2022. That is when [NAME] was approved. The amount of her pension is based on how many years she had resided in Canada by that date. [ 37 ] The Appellant began residing in Canada on March 8, 2010. She continued residing in Canada up to October 18, 2022. As of October 18, 2022, she had resided in Canada for 12 years after she turned 18. When payments start [ 38 ] [NAME] starts in June 2023. [ 39 ] OAS pension payments start the month after the pension is approved. Footnote 21 As I explained above, [NAME] was approved in October 2022. [ 40 ] But the law says that, if a person hasn’t resided in Canada for 20 years, their pension can’t be paid if they remain outside of Canada for more than six months when they became a pensioner, excluding the month they left Canada. The law says the Minister can’t pay a person their pension until the person returns to Canada. Footnote 22 [ 41 ] In this case, the Appellant was outside of Canada from September 25, 2021, until May 10, 2023, so her pension could not be paid until the month after she returned, which was June 2023. Conclusion [ 42 ] The Appellant is eligible for a partial OAS pension of 12/40 starting June 2023. [ 43 ] The Appellant is also eligible to be paid a GIS starting in June 2023. [ 44 ] This means the appeal is allowed. Footnotes Footnote 1 The [RESPONDENT] Development (Minister) manages the [NAME] for the [NAME]. See the reconsideration decision at GD2-73. Return to footnote 1 referrer Footnote 2 See reconsideration decision at GD2-73. Return to footnote 2 referrer Footnote 3 See GD5-10 to 11. January 30, 2026, is the date of the Minister’s submission in which it changed its position. Return to footnote 3 referrer Footnote 4 See Minister’s submissions at GD5-14. Return to footnote 4 referrer Footnote 5 See Minister’s submissions at GD5-15. Return to footnote 5 referrer Footnote 6 See GD6. Return to footnote 6 referrer Footnote 7 See section 3(1)(c) of the Old Age Security Act  ( OAS Act). The Appellant also has to be at least 65 years old and a Canadian citizen or legal resident of Canada. And she must have applied for the pension. The Appellant has met these requirements. Return to footnote 7 referrer Footnote 8 See section 3(1)(b) of the OAS Act. Return to footnote 8 referrer Footnote 9 See section 3(2) of the OAS Act. Return to footnote 9 referrer Footnote 10 [NAME]  v  Canada ([NAME] [NAME]) , 2013  FC  366. Return to footnote 10 referrer Footnote 11 See section 21(1)(a) of the Old Age Security Regulations  ( OAS Regulations). Return to footnote 11 referrer Footnote 12 See section 21(1)(b) of the OAS Regulations. Return to footnote 12 referrer Footnote 13 [NAME])  v  [NAME] , 2005  FC  76. See also [NAME]  v  Canada ([NAME] [NAME]) , 2008  FC  1111; [NAME]  v  Canada ([NAME] [NAME]) , 2013  FC  319; and [NAME]  v  Canada ([NAME] [NAME]) , 2013  FC  366. Return to footnote 13 referrer Footnote 14 [NAME])  v  [NAME] , 2005  FC  1277. Return to footnote 14 referrer Footnote 15 Despite this, the Minister says the Appellant didn’t provide sufficient information to show for what periods she resided in Canada until the period beginning March 8, 2010. Return to footnote 15 referrer Footnote 16 See Minister’s submissions at GD5-11. See also, questionnaire beginning at GD2-36; request for reconsideration beginning at GD2-46; and appellant’s correspondence beginning at GD3-1 and GD4-1. Return to footnote 16 referrer Footnote 17 See Minister’s submissions at GD5-11. See also, questionnaire at GD2-36 and appellant’s correspondence beginning at GD3-1. Return to footnote 17 referrer Footnote 18 Sections 3 to 5 of the OAS Act set out the requirements. Return to footnote 18 referrer Footnote 19 These requirements are in section 4 of the OAS Act and Section 22(1) of the OAS Regulations. Return to footnote 19 referrer Footnote 20 See section 5(2) of the OAS Regulations. Return to footnote 20 referrer Footnote 21 See sections 8(1) and (2) of the OAS Act. Return to footnote 21 referrer Footnote 22 See sections 3(2)(b), 9(1), and 9(2) of the OAS Act. Return to footnote 22 referrer