Federal Court


Pensions

Federal and provincial pension plans

Federal pension plans

There was no erroneous advice or administrative error

Pension recipient obtained Canada Pension Plan (CPP) disability benefits and Disabled Contributor’s Child Benefits (DCCB) in 1991 when he had three young children. Recipient had fourth child in 1993 but did not apply for benefits for this child until 2011. Recipient’s application for DCCB benefits for child was approved and he was provided with 11 months of retroactive DCCB benefits, which was maximum permitted under legislation. Recipient’s attempts to challenge this decision were unsuccessful. Delegate of Minister of Employment and Social Development Canada determined that no erroneous advice or administrative error had been made that resulted in denial of additional benefits. Second delegate made same determination. Recipient brought application for judicial review of delegate’s decision. Application dismissed. Delegate’s decision was not unreasonable. Recipient’s initial application kit clearly indicated that it was necessary to make written application for benefits for childre. Recipient’s complaint that he did not receive sufficient advice was not basis for relief under s. 66(4) of Canada Pension Plan. Recipient’s honest but mistaken understanding that he did not have to apply for benefits for youngest child did not entitle him to relief. There was no legal obligation on part of Employment and Social Development Canada to inform individuals of their entitlement to benefit or to remind recipients of their obligation to inform Department of any changes to status.

Consiglio v. Canada (Attorney General) (2016), 2016 CarswellNat 6262, 2016 FC 1123, Anne L. Mactavish J. (F.C.).

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