10.5.100 Canadian Glossary

Introduction

This section contains definitions of terms applicable to the Agreement with Canada.

Benefit

Benefit, for Australia, means a pension, benefit or allowance payable under Australian social security legislation as specified in Article 2 of the Agreement. It also includes any additional amount or increase that is payable to a person who qualifies for that increase. RA, PhA, TAL and RAA are payable to people inside Australia, but are subject to the portability restrictions of the SSAct for people outside Australia.

Canada Pension Plan

This is a contribution-based system. Benefits paid under this system include:

  • Retirement pension,
  • Disability benefit, and
  • Survivor benefit.
Canadian Allowance and Allowance for the Survivor/Allowance

Paid to the spouse of an old age security pensioner or widow or widower who is between the ages of 60 to 64 years and has resided in Canada for at least 10 years after the age of 18 years. It is income tested. It ceases to be paid under the following circumstances:

  • after the month in which the recipient reaches age 65 years and becomes eligible for an old age security pension,
  • if the beneficiary is absent from Canada for more than 6 months, and
  • if, in the case of a couple, the couple become separated or divorced, or if, in the case of a widow or widower, the beneficiary remarries.
Canadian Benefits for the Child of a Disabled Contributor

Payable on behalf of the child of a person who is in receipt of a disability pension, provided that the child is under 18 years or between the ages of 18 to 25 years and is in full-time attendance at school or university.

Canadian Creditable Period/s

Canadian creditable periods include periods during which a person resided in Canada, within the meaning of the Old Age Security Act, after age 18 and/or periods during which he or she made contributions to the Canada Pension Plan. They do not include any period of residence in Australia which is deemed to be a Canadian creditable period by paragraph 2 of Article 10.

Canadian Disability Benefit/Disability Benefit

A claimant must be under age 65 years and have a physical or mental disability which is both severe and prolonged. 'Severe' means that the individual cannot regularly pursue any substantially gainful occupation. 'Prolonged' means that the disability is likely to be long continued and of indefinite duration, or is likely to result in death. A disability benefit may be paid if a contributor has made contributions in 2 of the last 3 or 5 of the last 10 years of his or her contributory period. 'Contributory period' means the period over which contributions could have been made from age 18 years or from 1 January 1966, whichever is the later, up until the month in which the claimant became disabled.

Canadian Guaranteed Income Supplement/Guaranteed Income Supplement

This is an income tested payment paid to residents of Canada who are in receipt of an old age security pension (whether the full amount or a partial amount) and have little or no other income. It is paid outside Canada for up to 6 months. More information on this benefit is available from Employment and Social Development Canada.

Note: There are payments made by other Canadian federal and provincial social welfare organisations which are similar to the guaranteed income supplement. These are listed in the Canadian Glossary.

Canadian Old Age Security Pension/Old Age Security Pension

Payable to persons who have reached age 65 years and have a minimum of 10 years residence in Canada after reaching age 18 years. To receive the pension abroad, a minimum of 20 years residence in Canada after reaching age 18 is required. A full pension is paid after 40 years residence. Less than 40 years residence results in a partial pension.

Example: A person with 20 years residence will get 20/40ths of a full pension.

More information on this benefit is available from Employment and Social Development Canada.

Canadian Old Age Security Program/Old Age Security Program

This is a residence based social security system. Benefits paid under this system include:

  • Old Age Security Pension,
  • Guaranteed Income Supplement,
  • Allowance paid in respect of partner's of recipients of old age security pension, and
  • Allowance for the Survivor.
Canadian Retirement Pension/Retirement Pension

Paid to any person who has made at least one valid contribution to the Canada Pension Plan. Retirement pension is payable at age 65 years. A reduced pension is available at 60, if the claimant is retired. Pension grant may also be delayed until age 70 years in order to get an increased rate. As a person only needs one valid contribution to the Canada Pension Plan to qualify and neither nationality nor residence affects entitlement, no one will need to claim a retirement pension under the Agreement. However, claims may be lodged in Australia for retirement pensions to be granted under Canadian domestic law - that is, without the help of the Agreement with Australia.

Canadian Survivor Benefit/Survivor Benefit

The following is information on survivor benefits paid under the Canada Pension Plan. More information on these payments is available from Employment and Social Development Canada.

The 'Canada Pension Plan death benefit' is a one-time, lump sum payment made to the deceased contributor's estate. If there is no estate, the person responsible for the funeral expenses, the surviving spouse or common-law partner or the next of kin may be eligible, in that order.

The 'Canada Pension Plan survivor's pension' is paid to the person who, at the time of death, is the legal spouse or common-law partner of the deceased contributor.

The 'Canada Pension Plan children's benefit' is paid to the natural or adopted child of the deceased contributor, or a child in the care and control of the deceased contributor at the time of death. The child must be either under age 18, or between the ages of 18 and 25 and in full-time attendance at a school or university.

Carer Payment

Under the Agreement, qualification for carer payment is restricted to a partner who cares for a severely disabled partner who is in receipt of an age or disability support pension. Such a pension is deemed to be an Agreement pension. Carer payment is not payable to a person who has never been an Australian resident.

Disability Support Pension

The current Agreement with Canada covers DSP for the severely disabled only. However, it should be noted that the previous Agreement was negotiated when DSP was known as 'invalid pension'. That Agreement therefore covers DSP for both the severely disabled and the non-severely disabled. People granted invalid pension under the old Agreement continue to be covered under the transitional provisions of the current Agreement.

Parenting Payment (Single)

Under the Agreement with Canada, parenting payment (single) can be paid to someone who is a legal widow or widower or to a surviving male or female de facto spouse.

Partner

Partner is that defined in SSAct section 4(11). Both Australia and Canada have introduced legislation recognising same-sex couples for social security purposes.

Act reference: SSAct section 4(11) Standard family situation categories

Previous Agreement

Refers to the Social Security Agreement between Australia and Canada that was signed on 4 July 1988 and amended by a Protocol on 11 October 1990. This Agreement entered into force on 1 September 1989. It was replaced by the current Agreement that entered into force on 1 January 2003.

Social Security Law

For Australia, means all the Acts which form the Australian social security law.

For Canada, means the Old Age Security Act and the Canada Pension Plan and regulation made under these 2 Acts.

Table of Canadian Federal Provincial and Territorial Payments
Province Program/Benefit Legislation
Alberta Social Assistance: Alberta Works - Income Support Program Income and Employment Supports Act and Income Supports, Health and Training Benefits Regulations
  Assured Income for the Severely Handicapped Program Assured Income for the Severely Handicapped Act and Assured Income for the Severely Handicapped Regulation and Applications and Appeals Regulation
  Alberta Child Care Subsidy Alberta Child Care Licensing Act
  Alberta Seniors Benefit Program Alberta Seniors Benefit Act
  Special Needs Assistance for Seniors Alberta Seniors Benefit Act
  Home Adaption Program Alberta's Residential Tenancies Act
  Remote Area Heating Allowance Program Rural Utilities Act and Regulation
  Affordable Housing Program Alberta Housing Act
  Education Property Tax Assistance for Seniors Alberta Seniors Benefit Act
British Columbia Social Assistance: Employment and Assistance Program Employment and Assistance Act and Employment and Assistance Regulations
  Employment and Assistance for Persons with Disabilities Employment and Assistance for Persons with Disabilities Act and Employment and Assistance for Persons with Disabilities Regulations
  BC Family Bonus Employment and Assistance Act
  Child Care Subsidy Program Child Care Subsidy Act
  Seniors' Supplement Employment and Assistance Act
  Home Owners Grant Home Owners Grant Act
  Shelter Aid for Elderly Renters Shelter Aid for Elderly Renters Act
  Rental Assistance Program Employment and Assistance Act
  Property Tax Deferment Program Land Tax Deferment Act
  Assistance to Shelter Assistance to Shelter Act
Manitoba Special Assistance: Employment and Income Assistance Program Employment and Income Assistance Act and Employment and Income Assistance Regulations
  Employment and Income for Persons with Disability Program Employment and Income Assistance Act and Employment and Income Assistance Regulations
  Manitoba Child Care Program Community Child Care Standards Act
  55 Plus Program Social Services Appeal Board Act (SSAB)
  Manitoba Shelter Benefit Residential Tenancies Act
  School Tax Assistance Income Tax Act of Manitoba
New Brunswick Social Assistance: Social Assistance Program - Transitional Assistance Program Family Income Security Act and Family Income Security Regulations
  Extended Benefits Program Family Income Security Act and New Brunswick Regulation (82-227)
  Day Care Assistance Program Family Services Act
  New Brunswick Low-Income Seniors' Benefit Provincial Tenancies Act
  Property Tax Allowance Real Property Act
  Affordable Rental Housing Program Family Services Act
  Affordable Housing Program Family Services Act
Newfoundland Social Assistance: Income Support Program Income and Employment Act and Income and Employment Regulations
  Employability Assistance for Persons with Disabilities Income and Employment Act and Income and Employment Regulations
  Wage Subsidy for Persons with Disabilities Income and Employment Act and Income and Employment Regulations
  Newfoundland and Labrador Child Benefit Employment Support and Income Assistance Act
  Child Care Subsidy Program Child Care Services Act
  Low-Income Seniors' Benefit (NSB) Newfoundland and Labrador Seniors' Benefit Regulations
  Home Support Program Residential Tenancies Act
  Rental Housing Program Residential Tenancies Act
  Provincial Home Repair Program Residential Tenancies Act
Northwest Territories Social Assistance: Income Assistance Program Social Assistance Act and Income Assistance Regulations
  Northwest Territories Child Benefit Child and Family Services Act
  Senior Citizen Supplementary Benefit Residential Tenancies Act
  Seniors' Home Heating Subsidy Social Assistance Act
Nova Scotia Employment Support and Income Assistance Program Employment Support and Income Assistance Act and Employment Support and Income Regulations
  Employment Support and Income Assistance for Persons with Disability Program Employment Support and Income Assistance Act and Employment Support and Income Regulations
  Nova Scotia Child Benefit Employment Support and Income Assistance Act
  Centre-based Child Care Program Day Care Act
  Financial Aid to Senior Citizens Senior Citizens Financial Aid Act
  Senior Citizens' Assistance Program Residential Tenancies Act
  Residential Rehabilitation Assistance Program Residential Tenancies Act
Nunavut Social Assistance: Income Assistance Social Assistance Act and Income Assistance Regulations
  Nunavut Child Benefit Social Assistance Act
  Senior Citizen Benefit Senior Citizen Benefit Act
  Rental Assistance Program Residential Tenancies Act
Ontario Social Assistance: Ontario Works Ontario Works Act and Ontario Works Regulations
  Ontario Disability Support Program Ontario Disability Support Program Act and Ontario Disability Support Program Regulations
  Ontario Child Benefit Ontario Child Benefit Equivalent Act
  Ontario Child Care Supplement for Working Families Day Nurseries Act
  Guaranteed Annual Income System (GAINS) Ontario Guaranteed Annual Income Act
  Ontario Affordable Housing Program Social Housing Reform Act
  Emergency Rental Deposit Program Residential Tenancies Act
Prince Edward Island Social Assistance: Social Assistance Program Social Assistance Act and Social Assistance Regulations
  PEI Disability Support Program Rehabilitations of Disabled Persons Act and Social Assistance Act
  PEI Child Care Benefit Child Care Facilities Act
  Supports for Seniors with a Disability Rehabilitations of Disabled Persons Act and Social Assistance Act
  Financial Assistance Program Social Assistance Act
  Seniors' Housing Program Housing Corporation Act
  Seniors' Home Repair Program Housing Corporation Act
  Affordable Housing Program Housing Corporation Act
Quebec Social Assistance: Last-Resort Financial Assistance Program - Social Assistance Program Individual and Family Assistance Act and Individual and Family Assistance Regulations
  Social Solidarity Program Individual and Family Assistance Act and Individual and Family Assistance Regulations
  Aide aux personnes handicapées (Assistance to Handicap Persons) Loi sur l'aide aux personnes et aux families (Individual and Family Assistance Act)
  Child Assistance Payments Individual and Family Assistance Act
  Programme de soutien pour les travailleurs ages Loi sur l'aide aux personnes et aux families (Individual and Family Assistance Act)
  Crédit d'impôt pour maintenir â domicile d'une personne âgée Loi sur le ministère de la famille, des aînés et de la condition féminine
  Programme Allocation- lodgement Loi sur le ministère de la famille, des aînés et de la condition feminine
  Programme de logements adaptés pour les aînés autonomes Loi sur le ministère de la famille, des aînés et de la condition feminine
Saskatchewan Social Assistance: Saskatchewan Assistance Program Saskatchewan Assistance Act and Saskatchewan Assistance Regulations
  Transitional Employment Allowance Program Saskatchewan Assistance Act and Transitional Employment Allowance Regulations
  Saskatchewan Child Benefit Saskatchewan Assistance Act
  Child Care Enhancements Program Child Care Act
  Seniors Income Plan Saskatchewan Income Plan Act
  Saskatchewan Affordable Housing Program Saskatchewan Housing Corporation Act
  Saskatchewan Rental Housing Supplement Saskatchewan Assistance Act
Yukon Social Assistance: Social Assistance Program Social Assistance Act and Social Assistance Regulations
  Territorial Supplementary Allowance Social Assistance Act and Social Assistance Regulations
  Yukon Child Benefit Social Assistance Act
  Yukon Seniors Income Supplement (YSIS) Seniors Income Supplement Act
  Yukon Home Owners Grant Home Owners Grant Act
Widow B Pension

Under the Agreement with Canada, widow B pension can be paid to someone who is a legal widow or a dependent female. A dependent female is a woman who was:

  • a member of a couple and her partner has died, and
  • a member of the couple for 3 years immediately before her partner died, and
  • wholly or financially maintained by him.

A widow B pension must not be granted unless the woman's claim for the pension was lodged before 20 March 1997 and the woman is qualified for the pension before that day. This does not apply when the Secretary makes a determination to resume a woman's widow B pension under SSAct section 401 after it has been cancelled or suspended under sections 400, 400A or 400B. However, a woman on an autonomous widow B pension is still able to transfer to an agreement widow B pension overseas. In the latter situation, the transfer does not involve a new grant of widow B pension.

Widowed Person

Since the Agreement was signed there have been changes to Australia's domestic law in relation to payments to widows. As a result, the Agreement was amended to include references to a 'widowed person' instead of the original reference to 'widows'. A widowed person is a person who has become widowed by the death of a spouse (spouse has the same meaning as partner) and who does not yet have another partner. A widowed person includes males and females who have become widowed by the death of their de jure or de facto spouses. Under the Agreement, the Australian payments made to widowed persons parenting payment (single), bereavement allowance and widow B pension.

Wife Pension

After 30 June 1995, wife pension cannot be granted. Under the Agreement, an autonomous wife pensioner cannot transfer to an Agreement wife pension. Wife pensions granted under the Agreement before 1 July 1995 continue to be paid outside Australia. Wife pension can only be paid under the Agreement to a woman who has been an Australian resident at some time.

Last reviewed: 17 August 2015