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

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

PART 3.1Caregiver Recognition Benefit

Marginal note:Eligibility
  •  (1) The Minister may, on application by a veteran, pay a caregiver recognition benefit to a person designated by the veteran if

    • (a) the veteran has had an application for a disability award approved under section 45;

    • (b) as a result of the disability for which the application for a disability award was approved, the veteran requires ongoing care;

    • (b.1) the veteran has not been awarded a pension or compensation as those terms are defined in subsection 3(1) of the Pension Act;

    • (c) the designated person is 18 years of age or older and plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home for which the person receives no remuneration; and

    • (d) the veteran meets the prescribed eligibility requirements.

  • Marginal note:Criteria to be considered

    (2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

  • Marginal note:Factors to be considered

    (3) In deciding whether a designated person plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home, the Minister shall consider only prescribed factors.

  • (4) [Repealed, 2017, c. 20, s. 279]

  • 2015, c. 36, s. 217;
  • 2017, c. 20, s. 279.
Marginal note:Amount of benefit

 The monthly amount of a caregiver recognition benefit that is payable to a designated person shall be the amount set out in column 2 of item 5 of Schedule 2.

  • 2015, c. 36, s. 217;
  • 2017, c. 20, s. 280.
Marginal note:Only one designated person

 A veteran may, for the purpose of subsection 65.1(1), designate only one person at a time.

  • 2017, c. 20, s. 280.
Marginal note:When benefit payable
  •  (1) Subject to subsection (2), a caregiver recognition benefit begins to be payable on the first day of the month in which the application for the benefit is made.

  • Marginal note:Replacement of designated person

    (2) If a veteran, by means of a new application for a caregiver recognition benefit, replaces the designated person with a new designated person, the caregiver recognition benefit begins to be payable to the new designated person on the later of

    • (a) the first day of the month in which the new application is made, and

    • (b) the day on which the benefit ceases to be payable to the previously designated person.

  • 2017, c. 20, s. 280.
Marginal note:When benefit ceases to be payable

 A caregiver recognition benefit ceases to be payable on the earliest of

  • (a) the first day of the month after the month in which the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) are no longer met,

  • (b) the first day of the month after the month in which the veteran makes a new application to replace the designated person with a new designated person, or

  • (c) the first day of the month after the month in which the veteran or the designated person dies.

  • 2017, c. 20, s. 280.
Marginal note:Change in circumstances — veteran
  •  (1) A veteran shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) or if the designated person dies.

  • Marginal note:Change in circumstances — designated person

    (2) A designated person shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraph 65.1(1)(c) or if the veteran who designated the person dies.

  • 2017, c. 20, s. 280.
Marginal note:Assessment

 The Minister may, for the purpose of determining whether a designated person may continue to receive a caregiver recognition benefit, require the veteran who designated the person to undergo an assessment by a person specified by the Minister.

  • 2015, c. 36, s. 217;
  • 2017, c. 20, s. 280.
Marginal note:Suspension or cancellation

 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit.

  • 2017, c. 20, s. 280.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) defining care for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and

  • (b) defining home for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).

  • 2015, c. 36, s. 217.

PART 4General

Health Benefits

Marginal note:Group insurance program
  •  (1) The Minister may

    • (a) establish or enter into a contract to acquire a group insurance program comparable to the Public Service Health Care Plan established by the Treasury Board;

    • (b) subject to the approval of the Treasury Board, set any terms and conditions in respect of the program, including those respecting the premiums or the contributions payable, the benefits and the management and control of the program;

    • (c) make the contributions and pay the premiums or the benefits, as required; and

    • (d) undertake and do all things that the Minister considers appropriate for the purpose of implementing and maintaining the program.

  • Marginal note:Eligibility

    (2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.

Designations

Marginal note:Designation by Minister
  •  (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

  • Marginal note:Limitation

    (2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.

Definition of conditions of elevated risk

 In paragraphs 69(1)(c) and 70(1)(c), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas
  •  (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

    • (a) the area is outside Canada;

    • (b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 71; and

    • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

  • Marginal note:Period of designation

    (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Special duty operations
  •  (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if

    • (a) the operation is of a type referred to in section 71;

    • (b) members have been deployed, or will be deployed, as part of that operation; and

    • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

  • Marginal note:Period of designation

    (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

 
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