Veterans Well-being Act (S.C. 2005, c. 21)

Act current to 2018-07-05 and last amended on 2018-04-01. Previous Versions

Marginal note:Restrictions on residence

 A Canadian Forces income support benefit may be paid to a person only if the person resides in Canada.

Marginal note:Payment for entire month

 If, in a month, a person who is in receipt of a Canadian Forces income support benefit dies or ceases to reside in Canada, the benefit shall be paid as if the person were entitled to the benefit for that entire month.

Marginal note:Requirement to participate
  •  (1) A Canadian Forces income support benefit under section 27 or 28 is only payable for each month that the veteran or survivor participates — to the extent required to meet the objectives of the program — in a career transition services program that is approved by the Minister.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a veteran or a survivor who has attained the age of 65 years.

  • Marginal note:Exemption

    (3) The Minister may exempt a veteran or a survivor from the application of subsection (1), subject to any terms and conditions that the Minister considers appropriate, and the Minister may cancel the exemption.

  • Marginal note:When benefit is payable

    (4) Subject to subsection (5), the Canadian Forces income support benefit under section 27 or 28 begins to be payable on the earlier of

    • (a) the first day of the month in which the veteran or the survivor starts a career transition services program referred to in subsection (1), and

    • (b) the first day of the month in which the Minister grants the veteran or survivor an exemption under subsection (3).

  • Marginal note:Exception — applicant over 65 years of age

    (5) If an application for a Canadian Forces income support benefit under section 27 or 28 is approved in respect of a veteran or a survivor who has attained the age of 65 years, the benefit begins to be payable on the first day of the month in which the application is approved.

  • Marginal note:Duration of benefit

    (6) Subject to section 36, a Canadian Forces income support benefit under section 27 or 28 ceases to be payable on the earlier of

    • (a) the last day of the month in which the veteran or survivor ceases to participate in a career transition services program referred to in subsection (1), unless the veteran or survivor is exempt from the application of that subsection,

    • (b) the last day of the month in which the veteran or survivor no longer meets the prescribed employment-related criteria, and

    • (c) the last day of the month in which a calculation made under subsection 37(1) in respect of the veteran or survivor would result in an amount equal to or less than zero.

  • 2005, c. 21, s. 35;
  • 2011, c. 12, s. 7.
Marginal note:Suspension or cancellation

 The Minister may suspend the payment of a Canadian Forces income support benefit or cancel the benefit, in the prescribed circumstances.

Marginal note:Amount of benefit
  •  (1) Subject to subsection (2), the amount of the Canadian Forces income support benefit payable under sections 27 to 31 for each month in a current payment period shall be determined by the formula

    A - B - C

    where

    A
    is
    • (a) in the case of a veteran, the sum of the applicable amounts set out in column 2 of items 1 to 3 of Schedule 1,

    • (b) in the case of a survivor, the amount set out in column 2 of item 4 of Schedule 1, and

    • (c) in the case of an orphan, the amount set out in column 2 of item 5 of Schedule 1;

    B
    is
    • (a) in the case of a veteran, 1/12 of the income of the veteran and the veteran’s spouse or common-law partner, if any, for the base calendar year,

    • (b) in the case of a survivor, 1/12 of the survivor’s income for the base calendar year, and

    • (c) in the case of an orphan, 1/12 of the orphan’s income for the base calendar year; and

    C
    is
    • (a) in the case of a veteran, the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner, if any, from prescribed sources,

    • (b) in the case of a survivor, the total of the current monthly benefits payable to the survivor from prescribed sources, and

    • (c) in the case of an orphan, the total of the current monthly benefits payable to the orphan from prescribed sources.

  • Marginal note:Veteran couples

    (2) If the spouses or common-law partners are both veterans to whom a Canadian Forces income support benefit is payable, the following rules apply in respect of each veteran:

    • (a) the value of A in subsection (1) is the sum of

      • (i) the amount set out in column 2 of item 1 of Schedule 1, and

      • (ii) in respect of each dependent child of the veteran, and each dependent child of the veteran’s spouse or common-law partner who is not a dependent child of the veteran, 1/2 of the amount set out in column 2 of item 3 of Schedule 1;

    • (b) the value of B in subsection (1) is 1/24 of the income of the veteran and the veteran’s spouse or common-law partner for the base calendar year; and

    • (c) the value of C in subsection (1) is 1/2 of the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner from prescribed sources.

Career Impact Allowance

Marginal note:Eligibility — veterans
  •  (1) The Minister may, on application, pay a career impact allowance to a veteran who has one or more physical or mental health problems that are creating a permanent and severe impairment if the veteran, in respect of each of those health problems,

    • (a) has had an application for rehabilitation services approved under this Part; and

    • (b) has received a disability award under Part 3 or a pension for disability under the Pension Act, or would have received such an award or pension but has not because

      • (i) the aggregate of all of the veteran’s disability assessments and deemed disability assessments exceeds 100%, or

      • (ii) the disability award is not yet payable in accordance with section 53.

  • Marginal note:Ineligibility — exceptional incapacity allowance

    (1.1) A veteran who has received or is receiving an exceptional incapacity allowance under the Pension Act is not eligible to be paid a career impact allowance.

  • Marginal note:Amount of allowance

    (2) The Minister shall determine the amount of the career impact allowance that may be paid to the veteran in a year, taking into account the potential impact of the permanent and severe impairment on the veteran’s career advancement opportunities. The minimum career impact allowance shall be the amount set out in item 1, column 2, of Schedule 2, and the maximum career impact allowance shall be the amount set out in item 2, column 2.

  • Marginal note:Diminished earning capacity

    (3) The Minister may, on application, increase the career impact allowance that may be paid under subsection (2) by the amount set out in item 2.1, column 2, of Schedule 2, if the Minister determines that the veteran has a diminished earning capacity.

  • 2005, c. 21, s. 38;
  • 2011, c. 12, s. 8;
  • 2016, c. 7, ss. 85, 97.
Marginal note:When allowance payable

 The career impact allowance under subsection 38(2) and an increase to the career impact allowance under subsection 38(3) begin to be payable on the latest of

  • (a) the day on which the application for the allowance or increase, as the case may be, is made;

  • (b) the day that is one year prior to the day on which the application for the allowance or increase, as the case may be, is approved; and

  • (c) the day after the day on which the member is released from the Canadian Forces.

  • 2005, c. 21, s. 39;
  • 2011, c. 12, s. 9;
  • 2015, c. 36, s. 209;
  • 2016, c. 7, s. 97.
 
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