Almost every senior in Canada will apply for their pension and benefits through Canada's Public Pensions. Basic financial assistance is also available to survivors and those who are too disabled too work, as well as their children through these programs. Canada's Public Pensions are delivered through the Old Age Security (OAS) and Canada Pension Plan (CPP). Having an understanding of the different programs as well as rules and regulations can help to determine what you are eligible for, and what will be required in the future.
Old Age Security Program
This is a monthly benefit that most Canadians are eligible for if they are 65 years of age or over and meet the residency requirements. Employment status and history are not factors that determine eligibility. Benefits paid out are subject to federal and provincial taxes; those with higher income will repay part or all of their benefits through this taxation system. Eligibility is determined solely by being 65, residing in Canada for at least 10 years once the age of 18 was reached, and:
• Being a Canadian citizen or legal resident of Canadian as of the day before the approval of the application or;
• If no longer living in Canada, having been a Canadian citizen/legal resident as of the day before they stopped living in Canada.
The amount of benefits received is determined by the length of residency in Canada. Any person who has lived in Canada for a total of at least 40 years after the age of 18 may qualify for full benefits. For those who haven't lived in Canada for at least 40 years since the age of 18, they may still be eligible for a full pension if they were 25 years of age or over on July 1, 1977 as well as:
• Was residing in Canada on July 1, 1977 or
• Was residing in Canada before July 1, 1977 after reaching 18 or
• Was in possession of a valid immigration visa on July 1, 1977
In these cases, the person must have lived in Canada for the 10 years immediately prior the approval of the OAS application. Absences during this 10 year period may be offset if, after reaching age 18, the applicant lived in Canada before these 10 years for a time period sufficient to total three times the length of absence, as well as resided in Canada for at least one year before the application’s approval.
For those whose absence from Canada was due to working abroad for a Canadian employer, i.e. armed forces, banks, this time can be counted as residency. Qualification is based on returning to Canada within 6 months of termination of employment or having turned 65 while still employed. Proof of employment as well as proof of physically returning to Canada must be provided. This provision may also apply to spouses and dependents and Canadians who have been working abroad for international organizations.
For Canadians who do not meet the criteria for a full OAS, they may qualify for a partial pension. This is calculated at the rate of 1/40 of the full monthly pension for each full year lived in Canada after the age of 18. This amount cannot be increased as a result of added years of residence in Canada once it has been approved. However, late applicants for OAS may be eligible to receive retroactive payments for up to 11 months plus the month in which the application was received if all conditions of eligibility have been met. If clients cancel their OAS benefits and later wish to have them reinstated, they are not entitled to any retroactive payments.
Guaranteed Income Supplement
The GIS is intended for Canadians who are receiving a basic, partial or full OAS pension and have little and/or no other income. These supplemental payments may start in the same month as the OAS payments, but must be re-applied for every year or by filing an income tax return by April 30. As this supplement is based on income, it will increase or decrease yearly depending on any changes in reported income. Unlike the OAS, the GIS is not subject to income tax. This supplement is not payable outside of Canada for more than 6 months, regardless of previous residential history. Applicants for the GIS must be receiving an OAS pension; there are certain income limits for the applicant as well as spouse/common-law partner. Sponsored immigrants from countries that Canada has agreements with are not eligible for GIS during their sponsorship period (10 year maximum) unless:
• Has resided in Canada for a minimum of 10 years since turning the age of 18 or
• Has resided in Canada as either a Canadian citizen or a permanent resident before or on March 6, 1996 and is eligible for benefits January 1, 2001 or earlier or
• Has been receiving OAS benefits for the month of March 1996 or earlier
The amount of the supplement is based on marital status as well as income. Any other income that the person is receiving i.e. foreign pension, interest, dividends, rental income, wages, worker's compensation payments, etc will be calculated to determine eligibility and/or amount of the benefit. This also applies to any income brought into the family by a spouse/common-law spouse. Income from the previous year is generally used to calculate the benefit for the current year that runs from the current July to the June of the following year. In cases where the applicant has retired and/or incurred loss of pension income an estimate for the current year can be substituted for the income for the preceding year.
The GIS is paid out in 2 basic payment rates: Single (includes widowed, divorced and/or separated people) and Married (where the spouse/common-law spouse doesn't receive either the basic OAS pension or the allowance). Although the supplement rate is higher for single people, each spouse/partner is entitled to benefits; the combined benefits therefore are usually higher than that of a single person. The maximum monthly benefit for a single person will be reduced $1.00 for every $2.00 of other monthly income. If both spouses/partners are receiving the OAS pension, the monthly payment will be reduced $1.00 for every $4.00 of other monthly income. For a person who is receiving a partial OAS pension, the supplement may be increased by the difference of the partial pension and the full pension. If a spouse is a pensioner but their partner is not receiving either the OAS pension of the Allowance, the pensioner can apply for the Singles rate of the GIS and the supplement will be reduced by only $1.00 for every $4.00 of the combined monthly income. The first $1.00 reduction will be made only when the combined yearly income of both people has reached 12 times the basic OAS pension plus $48.00.
Allowance and Survivor's Allowance
This allowance is paid monthly and includes an allowance for those whose spouse/common-law partner has died. This allowance is designed to help those who are facing financial troubles; i.e. the surviving member of the relationship as well as those couples living on the pension of only one spouse. This allowance must be reapplied for annually and are not considered as income for tax purposes. For people living outside of Canada, this allowance cannot be paid out for more than 6 months, regardless of how long the person initially resided in Canada. The Allowance is paid to the spouse/common-law partner of a OAS pensioner, or to another qualified survivor. The person applying for the Allowance must be between the ages of 60-64 and have been living in Canada for at least 10 years since the age of 18. The applicant must have been a Canadian citizen or legal resident of Canada on the day before the application's approval. To qualify for the Allowance, the annual income of the survivor or the combined yearly income of the couple cannot exceed certain financial limits; these are established quarterly. The Allowance will be discontinued once the recipient becomes eligible for their OAS pension at 65, leaves Canada for a minimum of 6 months, or dies. For couples who receive the Allowance, payments will be discontinued if the pensioner spouse/partner ceases to meet the eligibility requirements for the Guaranteed Income Supplement, or if the couple separates/divorces. The Allowance will also stop if a survivor either remarries or lives in a common-law relationship for a period exceeding 12 months.
A sponsored spouse/common-law partner of an OAS recipient or survivor between 60 and 64 with less than 10 years of residence in Canada after reaching 18 is not eligible for the Allowance for the period of their sponsorship (up to a 10 year maximum), unless:
• Was receiving a pension in or before March 1996 or,
• Was residing or had resided in Canada as a Canadian citizen or permanent resident before March 7, 1996 and will be receiving a pension in or before January 2001
This is an income-tested benefit; the maximum payable amount to the spouse/common-law partner of a pensioner is equal to the combined full OAS pension and the maximum GIS at the married rate. The maximum amount for a person whose spouse/common-law partner has died will be somewhat higher. The maximum monthly Allowance is reduced $3.00 for every $4.00 of the beneficiary’s monthly income for a widowed spouse/common-law partner, or the couple’s combined monthly income. This will happen until the OAS-equivalent is reduced to zero; then for a couple the GIC equivalent of the Allowance portion and the pensioner’s GIC are reduced by $1.00 for every additional $4.00 of their combined monthly income. For survivors, the GIC equivalent portion is reduced $1.00 for every $2.00 of additional monthly income.
In the case of non-sponsored immigrants, the benefit will be prorated. Entitlement will be established at the rate of 1/10th of the benefit for year of residence in Canada after attaining the age of 18; this will be increased an additional 1/10th for every additional year of residence in Canada. This applies for people who haven’t resided in Canada for 10 year after turning 18 and:
• Had/was not residing in Canada as a Canadian citizen or permanent resident before March 7, 1996 or
• Was residing in Canada on or prior to that date as a Canadian citizen or permanent resident but will not be receiving a pension in or before January 2001
Information regarding the Canadian Pension Plan will be featured in the next blog as Part 2 of this article and will be posted in the next 2 weeks.