Cases & Decisions

Minister of Employment and Social Development v SS

Court: Social Security Tribunal – Appeal Division, 2020

JFCY has intervened in the appeal of a matter before the Social Security Tribunal. As a
result of her disability, SS (the parent) is unable to work and for many years has been
the recipient of the Canada Pension Plan (CPP) disability benefit. SS was unaware that
her children were also entitled to apply for and receive a children’s benefit under the
CPP. Once they were aware of the benefit, they applied, but their benefits were limited
by a legislated cap on retroactive benefits.

SS appealed the decision to the Tribunal’s General Division, which found in her favour and held that the retroactive cap was discriminatory under section 15 of the Charter of Rights and Freedoms.

The federal government appealed to the Appeal Division. JFCY’s submissions focus on the impact of the legislative cap and the need to ensure that children are able to
meaningfully exercise their rights and access benefits under the law, in order to achieve
equality.

File No. AD-19-45 – hearing held December 2020. We await the decision.

SS-JFCY intervention factum
SS-JFCY-intervention-factum.pdf
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