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Old Age Security

. Pooran v. Canada (Attorney General)

In Pooran v. Canada (Attorney General) (Fed CA, 2021) the Federal Court of Appeal heard a judicial review of an OAS decision of the Appeal Division of the Social Security Tribunal:
[2] Eligibility for OAS pension benefits is based upon residency. To qualify for an OAS pension, an applicant must establish that they had resided in Canada for 20 years if they are no longer resident in Canada at the time of their application: Old Age Security Act, R.S.C. 1985, c. O-9, subsection 3(2).

[3] The Old Age Security Regulations, C.R.C., c. 1246, identify certain types of absences that will not interrupt a person’s resident status in Canada. Employment with the Commonwealth Secretariat will not be considered to interrupt a person’s residence status in Canada as long as the applicant returns to Canada within six months of the end of their employment. They must also maintain a permanent place of abode in Canada to which they intend to return, or maintain a self-contained domestic establishment in Canada: subsection 21(5).

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