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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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I need to know what my rights are regarding a Canada Pension

Resolved 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?
Submitted: 5 years ago.
Category: Canada Law
Expert:  Debra replied 5 years ago.
Is this about survivor's benefits?

Have you received any benefits so far?
Customer: replied 5 years 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?
Expert:  Debra replied 5 years 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:

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.
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