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OAS Benefit Requirements

The Old Age Security program is one of the cornerstones of Canada's retirement income system. Benefits include the basic Old Age Security pension, The Guaranteed Income Supplement and the Allowance.

• Overview of the Old Age Security Program
• The Old Age Pension
  A non-contributory, residence based, benefit payable on application to a person 65 years of age or over.
• The Guaranteed Income Supplement
  A benefit payable to an Old Age pensioner whose income is below the maximum income level determined under the Act. Eligibility for and the amount of benefit are based on the income of the pensioner and his spouse/common-law partner.
• The Allowances
  A non-contributory, residence and income-based, benefit payable between the ages of 60 and 64 to the spouse/common-law partner of a pensioner who is eligible for the GIS. The Allowance is also payable to a person between 60 and 64 years of age whose spouse/common-law partner has died.

If you are planning to appeal to a Review Tribunal after being denied OAS benefits by HRSDC, you will need to show why you think you should get benefits. These are some of the facts that you may need to prove, depending on your situation:

• Your age.
• The date that HRSDC received your application for OAS benefits.
• The date you moved to Canada, or the date you moved away from Canada.
• Whether you left the country and moved back during the time you were living in Canada.
• The date you began or stopped residing in a common-law relationship.

From the Federal Court of Appeal

HRDC v. Tucker [2003] F.C.A. No 278
In this case, the Court has decided a question of law, namely that the Review Tribunal does not have jurisdiction to entertain appeals based on section 32 (erroneous advice/administrative error) or paragraph 37(4)(d) (remission of amount owing) of the Old Age Security Act. See Federal Court of Appeal decision, HRDC v. Tucker.