Marginal note:Compensation for survivor or child
71.3 (1) Subject to section 71.4, the survivor or child of a deceased prisoner of war is entitled to compensation determined in accordance with the applicable provisions of Part III as if
(a) a reference therein to a member of the forces were a reference to a prisoner of war;
(b) a reference to a pension or a pension for disability were a reference to compensation; and
(c) a reference to a pensioner were a reference to a person in receipt of compensation.
Marginal note:Deemed compensation
(2) For the purposes of Part III, as applied to prisoners of war referred to in subsection (1), and for the purposes of section 71.4, where a prisoner of war would have been entitled to compensation under section 71.2 at the time of death had this Part been in force at that time, the prisoner of war shall be deemed to have been in receipt of compensation at the rate applicable to the prisoner of war under subsection 71.2(1).
- R.S., 1985, c. 37 (3rd Supp.), s. 12;
- 2000, c. 12, s. 240, c. 34, s. 43(E).
Marginal note:Combined pension and compensation
71.4 Where a prisoner of war was, at the time of his death, in receipt of or eligible for a pension under Part III and compensation under this Part, the survivor or child of the prisoner of war is entitled to only one award under this Act, the amount of which shall be determined by reference to the sum of the awards paid to the prisoner of war or for which the prisoner of war was eligible.
- R.S., 1985, c. 37 (3rd Supp.), s. 12;
- 2000, c. 12, s. 240.
Marginal note:Provisions not applicable
71.5 Sections 64 to 66 do not apply in respect of compensation under this Part.
- R.S., 1985, c. 37 (3rd Supp.), s. 12.
PART IVEXCEPTIONAL INCAPACITY ALLOWANCE
Marginal note:Amount of allowance
72. (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if the member of the forces
(a) is in receipt of
(i) a pension in the amount set out in Class 1 of Schedule I, or
(ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award paid under the Canadian Forces Members and Veterans Re-establishment and Compensation Act, or both, if the aggregate of the following percentages is equal to or greater than 98%:
(A) the extent of the disability in respect of which the pension is paid,
(B) the percentage of basic pension at which basic compensation is paid, and
(C) the extent of the disability in respect of which the disability award is paid; and
(b) is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award under that Act.
Marginal note:Ineligibility — permanent impairment allowance
(1.1) A member of the forces who is eligible for a permanent impairment allowance under the Canadian Forces Members and Veterans Re-establishment and Compensation Act is not eligible to be awarded an exceptional incapacity allowance.
Marginal note:Determination of exceptional incapacity
(2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award under the Canadian Forces Members and Veterans Re-establishment and Compensation Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.
Marginal note:Treatment, etc., to be considered in determining allowance
(3) In determining the amount of the allowance that is to be awarded to a member of the forces who is suffering an exceptional incapacity, account may be taken of the degree to which the incapacity is lessened by treatment or the use of prostheses.
Marginal note:Reduction in allowance
(4) Where, in the opinion of the Minister, a member of the forces who is suffering an exceptional incapacity should undergo medical treatment or use a prosthesis and that member has, in the opinion of the Minister, unreasonably refused to do so, the Minister may reduce the allowance to which the incapacity would otherwise have entitled the member under this section by not more than one-half.
Marginal note:Payment of allowance on death of member
(5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member’s spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.
- R.S., 1985, c. P-6, s. 72;
- R.S., 1985, c. 16 (1st Supp.), s. 9;
- 1990, c. 43, s. 23;
- 1995, c. 18, s. 75;
- 1999, c. 10, s. 16;
- 2000, c. 12, s. 229;
- 2011, c. 12, s. 20.
- Date modified: