Reconsideration: OAS Applicants may request an explanation or a reconsideration of any decision that affects their eligibility or the amount of their OAS benefit. The request must be made in writing to the Minister of Human Resources and Social Development within 90 days of receiving the decision. The file is reviewed by an officer in Service Canada who was not involved in making the original decision.
Appeal to the Review Tribunal: Applicants who are not satisfied with the reconsideration decision may appeal the decision to a Review Tribunal. A request must be made in writing to the Office of the Commissioner for Review Tribunals within 90 days of receiving the written reconsideration decision.
A Review Tribunal consists of a chairperson (who is always a lawyer) and two others. The Tribunal is an independent body; it does not act on behalf of the Minister or the Department, the appellant, or any other party to the appeal.
The decision of the Tribunal is final and binding. However, if there is any question of law, any of the parties may ask for a judicial review of the decision by the Federal Court of Canada.
Appeals relating to matters of income are referred to the Tax Court of Canada by the Office of the Commissioner for Review Tribunals.
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