Old Age Security Act (R.S.C., 1985, c. O-9)

Marginal note:Allowance not payable

• 21.1 (1) Despite section 21, an allowance under that section is not payable to an individual who otherwise would have been entitled to receive such an allowance as a result of the death of their spouse or common-law partner if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder or manslaughter of that spouse or common-law partner.

• Marginal note:Conviction reversed

  (2) If the Minister is informed and satisfied that an individual’s conviction for first or second degree murder or manslaughter of their spouse or common-law partner has been reversed, the charges have been withdrawn or the proceedings were stayed and not recommenced within the required time period and that all rights of appeal have been exhausted, the individual’s entitlement to the allowance to which they would otherwise have been entitled under section 21 becomes payable in accordance with that section as if subsection (1) had never applied and any amount recovered from the person shall be repaid.

• Marginal note:Conviction outside Canada

  (3) If an individual has been convicted by a court outside Canada in respect of an offence that, if it had been committed in Canada, would have constituted first or second degree murder or manslaughter, the Minister may deem that conviction to be a conviction of first or second degree murder or manslaughter for the purposes of this section.

• Marginal note:Recovery of allowance

  (4) A person who has received an allowance referred to in this section and in respect of whom the Minister is subsequently informed and satisfied that he or she has been convicted of first or second degree murder or manslaughter of their spouse or common-law partner whose death would otherwise have resulted in the individual having been entitled to that allowance shall be deemed not to have been entitled to receive such an allowance, which shall constitute a debt due to Her Majesty under section 37 and the Minister shall recover those amounts, including any amounts paid before the date of the individual’s conviction.

• Marginal note:Conviction prior to coming into force

  (5) For greater certainty, this section applies in respect of any first or second degree murder or manslaughter conviction of which the Minister is informed before, on or after the coming into force of this section.

• Definition of first or second degree murder

  (6) For the purpose of this section, first or second degree murder means murder within the meaning of section 231 of the Criminal Code.

• Definition of manslaughter

  (7) For the purpose of this section, manslaughter means manslaughter within the meaning of the Criminal Code.

• Marginal note:Exception — probation order

  (8) This section does not apply to an individual who is convicted of manslaughter if the individual is released on the conditions prescribed in a probation order under paragraph 731(1)(a) of the Criminal Code.

Amount of Allowance

Marginal note:Definitions

• 22 (1) In this section,

  base calendar year

  base calendar year has the same meaning as in section 10; (année de référence)

  current fiscal year

  current fiscal year[Repealed, 1998, c. 21, s. 116]

  current payment period

  current payment period means the payment period in respect of which an application for an allowance is made under this Part; (période de paiement en cours)

  income

  income, for the purposes of determining the amount of benefits under this Part that may be paid for a month before July 1, 1999, means the income calculated as prescribed by section 13; (revenu de l’année civile)

  monthly income

  monthly income of a survivor in a current payment period is the amount that equals one-twelfth of their income for the base calendar year; (revenu mensuel du survivant)

  monthly joint income

  monthly joint income of a pensioner and their spouse or common-law partner in a current payment period is the amount that equals 1/12 of the total of both of their incomes for the base calendar year; however, for the purpose of calculating the allowance that may be paid to the pensioner’s spouse or common-law partner under subsection (3) for either of the following periods, it is the amount that equals 1/12 of the income of the spouse or common-law partner for the base calendar year:

  • (a) the months during which the pensioner is an incarcerated person described in subsection 5(3), exclusive of the first month of incarceration and the month of release; or

  • (b) if a direction made under subsection 19(8) in respect of the spouse or common-law partner has not been cancelled under subsection 19(9), the months, exclusive of the first month, during which the spouse or common-law partner is not living with the pensioner in a dwelling maintained by one or the other of them; (revenu conjoint mensuel)

  pension equivalent

  pension equivalent means, in respect of any month in a payment quarter, the amount of the full monthly pension payable for that month under section 7 that has not been increased under subsection 7(5); (valeur de la pension)

  residual income of the survivor

  residual income of the survivor for a month in a current payment period means the amount determined by the formula

  A - B

  where

  A

  is the monthly income of the survivor in the current payment period, and

  B

  is the product

  • (a) obtained by multiplying four-thirds of the rounded pension equivalent by the survivor’s special qualifying factor for the month, and

  • (b) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars; (revenu résiduel du survivant)

  residual joint income

  residual joint income of a pensioner and the pensioner’s spouse or common-law partner for a month in a current payment period means the amount determined by the formula

  A - B

  where

  A

  is the monthly joint income of the pensioner and the pensioner’s spouse or common-law partner in the current payment period, and

  B

  is the product

  • (a) obtained by multiplying four-thirds of the rounded pension equivalent by the spouse’s or common-law partner’s special qualifying factor for the month, and

  • (b) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars; (revenu conjoint résiduel)

  rounded pension equivalent

  rounded pension equivalent means the pension equivalent rounded to the next higher multiple of three dollars when the pension equivalent is not a multiple of three dollars; (valeur arrondie de la pension)

  rounded supplement equivalent

  rounded supplement equivalent means the supplement equivalent rounded to the next higher multiple of one dollar when the supplement equivalent is not a multiple of one dollar; (valeur arrondie du supplément)

  supplement equivalent

  supplement equivalent means, in respect of any month in a payment quarter, the amount of the supplement that would be payable for that month under subsection 12(1), (1.1), (1.2), (2), (3) or (4), as the case may be, to a pensioner whose spouse or common-law partner is also a pensioner when both the pensioner and the spouse or common-law partner have no income in the base calendar year and both are in receipt of a full pension; (valeur du supplément)

  supplement equivalent for the survivor

  supplement equivalent for the survivor means, in respect of any month in a payment quarter, the amount determined under subsection (4.1), (4.2), (4.3) or (4.4), as the case may be. (valeur du supplément pour le survivant)

• Marginal note:Effect on supplement under Part II

  (2) Where, under this Part, an application has been made and approved or the requirement for an application has been waived in respect of the spouse or common-law partner of a pensioner for any month in a payment quarter, the amount of the supplement that may be paid for that month to the pensioner, in lieu of the amount of the supplement provided under Part II for that month, is the amount determined by the formula

  [(A - B) × C] - D/4

  where

  A

  is the total of the supplement equivalent in respect of that month and the amount of the full monthly pension for that month;

  B

  is the pensioner’s monthly pension for that month;

  C

  is the pensioner’s special qualifying factor for that month; and

  D

  is the residual joint income of the pensioner and the spouse or common-law partner for that month rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars.

• Marginal note:Limitation

  (2.1) No supplement under subsection (2) may be paid to an incarcerated person described in subsection 5(3) for any month for which no pension may be paid.

• Marginal note:Allowance to spouse or common-law partner of pensioner

  (3) The amount of the allowance that may be paid under section 19 for any month in a payment quarter to the spouse or common-law partner of a pensioner is

  • (a) where there is no monthly joint income of the pensioner and spouse or common-law partner in the current payment period, the total of

    • (i) the product obtained by multiplying the pension equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month, and

    • (ii) the product obtained by multiplying the supplement equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month;

  • (b) where the monthly joint income of the pensioner and spouse or common-law partner in the current payment period is equal to or less than the product

    • (i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month, and

    • (ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

    the amount determined by the formula

    (A × B) + C

    where

    A

    is the supplement equivalent in respect of the month,

    B

    is the spouse’s or common-law partner’s special qualifying factor for the month, and

    C

    is the greater of zero and the amount determined by the formula

    (D × B) - 3/4 E

    where

    B

    is the spouse’s or common-law partner’s special qualifying factor for the month,

    D

    is the pension equivalent in respect of the month, and

    E

    is the monthly joint income of the pensioner and the spouse or common-law partner in the current payment period rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars; and

  • (c) where the monthly joint income of the pensioner and spouse or common-law partner in the current payment period is more than the product

    • (i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month, and

    • (ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

    the amount determined by the formula

    (A × B) - C/4

    where

    A

    is the supplement equivalent in respect of the month,

    B

    is the spouse’s or common-law partner’s special qualifying factor for the month, and

    C

    is the residual joint income of the pensioner and spouse or common-law partner for that month rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars.

• Marginal note:Allowance to survivor

  (4) The amount of the allowance that may be paid under section 21 for any month in a payment quarter to a survivor is

  • (a) where there is no monthly income of the survivor in the current payment period, the total of

    • (i) the product obtained by multiplying the pension equivalent of the survivor in respect of the month by the survivor’s special qualifying factor for the month, and

    • (ii) the product obtained by multiplying the supplement equivalent for the survivor in respect of the month by the survivor’s special qualifying factor for the month;

  • (b) where the monthly income of the survivor in the current payment period is equal to or less than the product

    • (i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the survivor’s special qualifying factor for the month, and

    • (ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

    the amount determined by the formula

    (A × B) + C

    where

    A

    is the supplement equivalent for the survivor in respect of the month,

    B

    is the survivor’s special qualifying factor for the month, and

    C

    is the greater of zero and the amount determined by the formula

    (D × B) - 3/4 E

    where

    B

    is the survivor’s special qualifying factor for the month,

    D

    is the pension equivalent in respect of the month, and

    E

    is the monthly income of the survivor in the current payment period rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars; and

  • (c) where the monthly income of the survivor in the current payment period is more than the product

    • (i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the survivor’s special qualifying factor for the month, and

    • (ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

    the amount determined by the formula

    (A × B) - C/2

    where

    A

    is the supplement equivalent for the survivor in respect of the month,

    B

    is the survivor’s special qualifying factor for the month, and

    C

    is the residual income of the survivor in respect of the month rounded, where that residual income is not a multiple of two dollars, to the next lower multiple of two dollars.

• Marginal note:Supplement equivalent for the survivor

  (4.1) The amount of the supplement equivalent for the survivor is

  • (a) four hundred and fifty-four dollars and nine cents, for any month in the payment quarter commencing on April 1, 2005;

  • (b) the amount of the supplement equivalent for the survivor that would otherwise be payable plus eighteen dollars, for any month in the payment quarter commencing on January 1, 2006; and

  • (c) the amount of the supplement equivalent for the survivor that would otherwise be payable plus eighteen dollars, for any month in the payment quarter commencing on January 1, 2007.

• Marginal note:Indexation of supplement equivalent for the survivor

  (4.2) Subject to paragraphs (4.1)(b) and (c), the amount of the supplement equivalent for the survivor for any month in a payment quarter commencing after June 30, 2005 is the amount obtained by multiplying

  • (a) the amount of the supplement equivalent for the survivor for any month in the three-month period immediately before that payment quarter

  by

  • (b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter.

• Marginal note:No decrease

  (4.3) Despite subsection (4.2), the amount of the supplement equivalent for the survivor for any month in a payment quarter may not be less than the amount of the supplement equivalent for the survivor for any month in the three-month period immediately before that payment quarter.

• Marginal note:Reduction in Consumer Price Index

  (4.4) If, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter,

  • (a) no adjustment of the supplement equivalent for the survivor is to be made under subsection (4.2) in respect of that payment quarter; and

  • (b) no adjustment of the supplement equivalent for the survivor is to be made under that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph is deemed to be the second adjustment quarter that relates to that subsequent payment quarter.

• Marginal note:Reinstatement of supplement

  (5) Where the allowance payable to the spouse or common-law partner of a pensioner under this Part is suspended or terminated for any month, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II.

• Marginal note:Reinstatement of supplement

  (6) Where, by reason of the amount of the monthly joint income, the aggregate of the amount of allowance payable to a pensioner’s spouse or common-law partner for a month and the amount of supplement payable to the pensioner for that month under this Part is less than the amount of supplement that would be payable to the pensioner under Part II, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II minus the amount, if any, of allowance payable to that pensioner’s spouse or common-law partner for that month.

• Marginal note:Deemed Part II application

  (7) For the purposes of subsections (5) and (6), an application made and approved under this Part shall be deemed to have been made and approved under Part II.