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I need to know what my rights are regarding a Canada Pension

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

I need to know what my rights are regarding a Canada Pension issue.

I am a widow. My husband passed away Sept 22/2008. At the time of his death I was 38. I have been told that I am not entitled to the full amount due to the fact that I was not yet 40 years old. I spoke with someone in the tax dept about another matter and she told me that the only law she can think of that they might have used is related to an immigrant being in the country for a min of 40 years. I was born in Canada and I am 3rd generation. Can you please clear this up for me?

 

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Province/Territory relating to question: Ontario

Already Tried:
I went through the ususal channels to receive my husband's Canada pension.

Submitted: 362 days and 18 hours ago.
Category: Canada Law
Value: CA$26
Status: CLOSED
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Expert:  Debra Thal replied 362 days and 18 hours ago.

Is this about survivor's benefits?

Have you received any benefits so far?

Customer replied 362 days and 18 hours ago.

I am receiving a portion of the amount that his tax return says I should be receiving. I need to know whether or not I am supposed to be receiving the full amount. Is it as of my 40 Birthday or is that completely related to being an immigrant which I am obviously not?

Accepted Answer

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Expert:  Debra Thal replied 362 days and 16 hours ago.

It's based on your age at the time of your husband's death and also whether you were disabled at the time and/or had dependent children.

Please look at the table found here:

http://www.servicecanada.gc.ca/eng/isp/cpp/survivor.shtml

If you go part way down the page you will see how the benefits are calculated and it's based on your age at the time of your spouse's death and is not about being an immigrant.

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37504
Answered: 4/25/2012

Experience: Lawyer

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