Q6.1 Can a Review Tribunal grant me an OAS pension even if I do not meet the minimum residence requirements?
- A6.1 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.
Q6.2 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 HRSDC be asked by the Tribunal to prove that I was not residing in Canada during the period in question?
- A6.2 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.
Q6.3 If my appeal is denied by a Review Tribunal, what else can I do?
- A6.3 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.
Q6.4 My application for an allowance and my spouse's application for the Guaranteed Income Supplement were denied because HRSDC claims that our income was too high. I think that HRSDC should not have used part of my income to determine our eligibility. Will a Review Tribunal consider my appeal?
- A6.4 When an Appellant questions a decision made by HRSDC 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.