Survivor's Pension Application Denied for Lack of Sufficient Contributions
📌 In brief
The claimant applied for a survivor's pension but was denied because the deceased did not contribute enough to the Canada Pension Plan over a 10-year period. The Social Security Tribunal ruled that the deceased must have contributed for at least 10 years to be eligible for the survivor's pension.
⚖️ Legal holding
A survivor's pension is only payable if the deceased made valid contributions for at least 10 years.
📖 Technical summary
The claimant's application for a survivor's pension was denied due to insufficient contributions by the deceased.
📜 Headnote Official document
The claimant applied for a survivor's pension but was denied due to insufficient contributions by the deceased. The decision explained that the deceased must have made valid contributions for at least 10 years to qualify for the benefit.
📚 Full judgment Official document
[TRANSLATION] Citation: BW v [NAME] , 2026 [NAME] 338 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: [redacted] Respondent: [redacted] Decision under appeal: [NAME] reconsideration decision dated March 27, 2025 (issued by Service Canada) Tribunal member: [NAME] of hearing: In writing Decision date: January 19, 2026 File number: GP-25-764 On this page Decision Overview Matters I have to consider first What the law says Reasons for my decision Conclusion Decision [ 1 ] The appeal is dismissed. [ 2 ] The Appellant, B. W., isn’t eligible for the survivor’s pension. This decision explains why I am dismissing the appeal. Overview [ 3 ] The Appellant applied for a [NAME] ) survivor’s pension and child’s benefit on September 27, 2024. Footnote 1 [ 4 ] The Minister refused his application. The Minister said that [NAME] had to have paid valid contributions to the [NAME] and/or the Québec Pension Plan (QPP) for at least 10 years, between November 1992 and March 2023. The file shows that she had paid valid contributions to the QPP for only 6 years, that is, in 2013, 2014, 2015, 2016, 2017, and 2018. This meant that [NAME] hadn’t paid enough contributions for the Appellant to be eligible for the benefit. [ 5 ] The Appellant appealed the Minister’s decision to the Social Security Tribunal (Tribunal). [ 6 ] The Appellant said that he disagreed with the Minister’s decision. [NAME] wasn’t able to make contributions because she was off work for reasons beyond her control. Matters I have to consider first [ 7 ] A hearing by videoconference was scheduled for December 5, 2025. The Appellant asked to adjourn in writing on December 2, 2025. [ 8 ] The adjournment request was granted. A new notice of hearing by videoconference was sent to the Appellant on December 17, 2025. The new hearing date was January 7, 2026. [ 9 ] The Appellant called the Tribunal on January 6, 2026, to say that he wasn’t available to attend the hearing because of the school year starting. [ 10 ] I sent a letter to the Appellant on January 7, 2026, saying that, according to the Social Security Tribunal Rules of Procedure , an adjournment had to be asked for in writing. He hadn’t done that. Also, an adjournment was granted only once, unless there were exceptional circumstances. Even though the Appellant didn’t send his request in writing, I still granted the second adjournment request. [ 11 ] I also said in the letter that the Tribunal had a duty to make sure that the appeal process was quick, simple, and fair. As a result, I intended to quickly set another hearing date. And the Appellant was to share when he would be available for a hearing to be held no later than January 21, 2026. Adjourning would not be possible once a new hearing date was scheduled. Finally, if he didn’t share when he would be available or didn’t show up for the new hearing date, I could give a decision on the record. The Appellant had until January 12, 2026, to share when he would be available for a hearing. [ 12 ] The Appellant didn’t respond to the Tribunal’s request. [ 13 ] So, the appeal will go ahead in writing. What the law says [ 14 ] The [NAME] says that a survivor’s pension has to be paid after 2018, to the survivor of a [NAME] contributor who has made base contributions for not less than the minimum qualifying period ( MQP ). Footnote 2 [ 15 ] The [NAME] also says that the contributor is deemed to have made contributions for not less than the MQP only if they have made contributions during their contributory period for at least 10 years. Footnote 3 Reasons for my decision [ 16 ] [NAME], that is, the contributor, had to pay valid contributions to either the [NAME] or the QPP for at least 10 years. [ 17 ] She paid contributions for 6 years, that is, in 2013, 2014, 2015, 2016, 2017, and 2018. Footnote 4 She paid contributions only to the QPP. She didn’t pay any valid contributions to the [NAME] . [ 18 ] Unfortunately, the contributions that [NAME] paid aren’t enough to meet the minimum contributory requirements for the Appellant to be eligible for the survivor’s benefit. [ 19 ] There is no evidence that [NAME] made contributions to the [NAME] or the QPP for 10 years. [ 20 ] I am bound by the wording of the law. I don’t have the power to change the statutory requirements of the [NAME] . Conclusion [ 21 ] I find that the Appellant isn’t eligible for the survivor’s pension. [ 22 ] This means that the appeal is dismissed. Footnotes Footnote 1 See GD2-7. Return to footnote 1 referrer Footnote 2 See section 44(1)(d)(ii) of the [NAME] . Return to footnote 2 referrer Footnote 3 See section 44(3)(b) of the [NAME] . Return to footnote 3 referrer Footnote 4 See GD2-5 and GD2-19. Return to footnote 4 referrer
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The survivor's pension eligibility requires 10 years of valid contributions as mandated by law.
- The claimant did not provide evidence that the deceased made contributions for more than 6 years.
❌ Tends to be rejected
- The claimant argued that the deceased was unable to make contributions due to reasons beyond her control, but this argument was not accepted.
- The tribunal adhered strictly to the statutory requirements and could not consider exceptions based on personal circumstances.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's application for a survivor's pension was denied because the deceased did not meet the contribution requirements.
What was the dispute about?
The dispute was about whether the deceased had made sufficient contributions to the Canada Pension Plan to qualify the claimant for a survivor's pension.
How did the court decide, and why?
The court decided against the claimant because the deceased had only made valid contributions for six years, which was insufficient to meet the requirement of at least 10 years.
Which laws or rules were applied?
The Canada Pension Plan sections 44(1)(d)(ii) and 44(3)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was that the deceased had not made contributions for at least 10 years as required by the Canada Pension Plan.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that the deceased must have made contributions for at least 10 years to qualify for a survivor's pension.
What evidence or documents mattered?
The evidence that mattered was the documentation showing the deceased's contributions to the Canada Pension Plan.
