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

Act current to 2017-04-12 and last amended on 2017-04-01. Previous Versions

Marginal note:Amount of benefit
  •  (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section 22 that is payable in respect of a member or a veteran is 90% of the member’s or veteran’s imputed income for a month.

  • Marginal note:Division of benefit

    (2) If an earnings loss benefit is payable to a survivor or an orphan, the following rules apply:

    • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the earnings loss benefit;

    • (b) if there is a survivor and one or more orphans,

      • (i) the survivor is entitled to 60% of the earnings loss benefit, and

      • (ii) the orphans are entitled, as a class, to 40% of the earnings loss benefit, divided equally among them; and

    • (c) if there are one or more orphans but no survivor, each orphan is entitled to the lesser of

      • (i) 40% of the earnings loss benefit, and

      • (ii) the amount obtained by dividing the earnings loss benefit by the number of those orphans.

  • Marginal note:Deductions for survivor

    (3) Subject to the regulations, the monthly amount of the earnings loss benefit that is payable to a survivor shall be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of members or veterans;

    • (b) prescribing a minimum or a maximum amount of imputed income in respect of a class of members or veterans;

    • (c) providing for the periodic adjustment of an earnings loss benefit calculated in accordance with subsection (1) and an amount determined for the purposes of subsection (3); and

    • (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a survivor for a month.

  • 2005, c. 21, s. 23;
  • 2016, c. 7, s. 84.
Marginal note:Benefit to be pro rata

 If an earnings loss benefit is payable for only part of a month, the benefit shall be paid pro rata, based on a 30-day month.

Supplementary Retirement Benefit

Marginal note:Eligibility — veterans
  •  (1) The Minister may, on application, pay a supplementary retirement benefit to a veteran who has been in receipt of an earnings loss benefit in accordance with subsection 18(4) — or would, but for their level of income, have been in receipt of it — if the veteran is no longer entitled to that benefit.

  • Marginal note:Eligibility — survivors

    (2) The Minister may, on application, pay a supplementary retirement benefit to a veteran’s survivor if

    • (a) the veteran, at the time of their death, was in receipt of an earnings loss benefit in accordance with subsection 18(4) or would, but for their level of income, have been in receipt of it; and

    • (b) the survivor is not eligible to receive an earnings loss benefit under section 22.

  • Marginal note:Eligibility — survivors

    (3) The Minister may, on application, pay a supplementary retirement benefit to a member’s or a veteran’s survivor if the survivor has been in receipt of an earnings loss benefit under section 22 but is no longer entitled to that benefit.

Marginal note:Amount of benefit

 The Governor in Council may make regulations respecting the amount of the supplementary retirement benefit payable in respect of any class or classes of veterans or survivors.

Canadian Forces Income Support Benefit

Marginal note:Eligibility — veterans

 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran who has been in receipt of an earnings loss benefit under section 18 — or would, but for their level of income, have been in receipt of it — if

  • (a) the veteran is no longer entitled to the earnings loss benefit;

  • (b) the veteran meets the prescribed employment-related criteria; and

  • (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the veteran would result in an amount greater than zero.

Marginal note:Eligibility — survivors

 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran’s survivor if the veteran was in receipt of that benefit at the time of their death and if

  • (a) the veteran dies as the result of an injury or a disease other than an injury or a disease described in paragraph 29(a);

  • (b) the survivor meets the prescribed employment-related criteria; and

  • (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the survivor would result in an amount greater than zero.

Marginal note:Eligibility — survivors

 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s survivor if

  • (a) the member or veteran dies as a result of

    • (i) a service-related injury or disease, or

    • (ii) a non-service-related injury or disease that was aggravated by service; and

  • (b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.

Marginal note:Eligibility — orphans

 The Minister may, on application, pay a Canadian Forces income support benefit to a veteran’s orphan if

  • (a) the veteran dies as a result of an injury or a disease other than an injury or a disease described in paragraph 31(a); and

  • (b) the veteran was in receipt of that benefit at the time of their death.

Marginal note:Eligibility — orphans

 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s orphan if

  • (a) the member or veteran dies as a result of

    • (i) a service-related injury or disease, or

    • (ii) a non-service-related injury or disease that was aggravated by service; and

  • (b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.

Marginal note:When benefit payable

 The Canadian Forces income support benefit under section 29, 30 or 31 begins to be payable on the later of

  • (a) the first day of the month after the month in which the member or veteran died, and

  • (b) the first day of the month that is one year prior to the month in which the application for the benefit is approved in respect of the survivor or orphan, as the case may be.

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.
 
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