Canadian Forces Members and Veterans Re-establishment and Compensation Act (S.C. 2005, c. 21)

Marginal note:Eligibility — service-related injury or disease

• 57. (1) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

  • (a) the member dies as a result of a service-related injury or disease; and

  • (b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted.

• Marginal note:Eligibility — injury or disease aggravated by service

  (2) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

  • (a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and

  • (b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.

Marginal note:Amount of benefit

• 58. (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2.

• Marginal note:Reduction of benefit

  (2) If an amount is paid or payable to a person from a prescribed source in respect of a death for which a death benefit is payable, the Minister may reduce the death benefit payable to the person by a prescribed amount.

Marginal note:Division of benefit

59. If a death benefit is payable to a survivor or a person who was, at the time of a member’s death, a dependent child, the following rules apply:

• (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the death benefit;

• (b) if there is a survivor and one or more persons who were dependent children,

  • (i) the survivor is entitled to 50% of the death benefit, and

  • (ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them; and

• (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children.

Marginal note:Allowance — amputation

• 60. (1) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

• Marginal note:Allowance — amputation

  (2) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of the arm at or above the wrist a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

• Marginal note:Allowance — two amputations

  (3) If a member or a veteran has received a disability award on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

• Marginal note:Allowance — other disabilities

  (4) If a member or a veteran has received a disability award for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

• Marginal note:Specially made wearing apparel

  (5) If a member or a veteran has received a disability award for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.