Federal Court of Appeal rejects challenge to limit retroactive paternal benefit claims

The Federal Court of Appeal of Canada has refused the attorney general’s bid for judicial review of a prior decision by the Social Security Tribunal of Canada’s Appeal Division. That tribunal had ruled that the government is prohibited from reconsidering a mother’s claim for paternal benefits beyond a 36-month window after the original payments. The mother in question had filed for 18 months of maternity leave benefits, but returned to work after a year and failed to disclose this, resulting in an extra six months of benefits being paid.

The court concluded that the failure to report the early return did not amount to a false or misleading representation. Consequently, the tribunal’s original decision stands, and the benefits cannot be reassessed. The ruling underscores the limits on retroactive challenges to benefit claims. The decision was made public through the court’s official release.