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

Act current to 2017-09-27 and last amended on 2017-04-01. Previous Versions

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.
Marginal note:Examination or assessment
  •  (1) The Minister may, for the purpose of determining whether a veteran may continue to receive a career impact allowance, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

  • Marginal note:Non-compliance

    (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the career impact allowance.

  • 2005, c. 21, s. 40;
  • 2016, c. 7, ss. 86(E), 97.

Retirement Income Security Benefit

Marginal note:Eligibility — veteran eligible for earnings loss benefit
  •  (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

    • (a) has attained the age of 65 years;

    • (b) on the day before the day on which they attained the age of 65 years, was eligible to continue to receive an earnings loss benefit under subsection 18(4); and

    • (c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

  • Marginal note:When benefit payable

    (2) The retirement income security benefit begins to be payable on the later of

    • (a) the day after the day on which the veteran attains the age of 65 years, and

    • (b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

  • Marginal note:Duration of benefit

    (3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

  • Marginal note:Amount of benefit

    (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

    (A + B) – C

    where

    A
    is 70% of the earnings loss benefit to which the veteran would be entitled for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the veteran from prescribed sources referred to in subsection 19(1);
    B
    is 70% of the career impact allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and
    C
    is the total amount that is payable to the veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (5) The Governor in Council may make regulations

    • (a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

    • (b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

  • 2015, c. 36, s. 210;
  • 2016, c. 7, s. 97.
 
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