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Definition of overpayment

• 18 (1) In this section, overpayment , in relation to any period, means

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• (1.01) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

• Marginal note:Excessive payments and underpayments

  (1.1) Where an allowance has been paid in respect of any payment period and it is subsequently determined that the income of the recipient and, if applicable, the recipient’s spouse or common-law partner, for the base calendar year calculated as required by this Act, in this subsection referred to as the “actual income”, is not the same as the income of the recipient, in this subsection referred to as the “shown income”, calculated as required by this Act on the basis of a statement required or permitted by section 8.1 to be made or filed by the recipient, the following adjustment shall be made:

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• (2) If a person has received or obtained an overpayment and the Minister is satisfied that

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  the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

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Marginal note:Definition of income

• 7 (1) For the purposes of this Act, income , of a person for a calendar year, has the same meaning as in section 2 of the Old Age Security Act except that, for the purposes of this Act,

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  • (a.1) there shall be included in income of the person for the year any payment made to the person or the person’s spouse or common-law partner, if any, in the year under

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    • (ii) the Royal Canadian Mounted Police Superannuation Act,

    • (iii) section 22 of the Corrections and Conditional Release Act, and

    • (iv) the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970;

  • (b) there shall not be included in income of the person for the year

    • (i) casual earnings in the year being net income from employment, self-employment or rental of property the aggregate of which from those sources does not exceed, in respect of the person, the person and the person’s spouse or common-law partner or the person and the person’s spouse or common-law partner who is a veteran, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner, a person with a spouse or common-law partner and a person with a spouse or common-law partner who is a veteran,

    • (ii) net interest income in the year from any source the aggregate of which does not exceed, in respect of the person or the person and the person’s spouse or common-law partner, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner and a person with a spouse or common-law partner,

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  • (e) paragraph (d) of the definition income in section 2 of the Old Age Security Act does not apply.

• Marginal note:If change to other Acts

  (2) Despite subsection (1), if it appears to the Governor in Council that any amendment to the Income Tax Act or the regulations made under that Act, or to the Old Age Security Act, would result in a significant change in the amount of any allowance payable in respect of any class of persons under this Act, the Governor in Council may make orders to alleviate the effect of the change by deeming, for the purposes of this Act, revenue specified in the orders, or a part of that revenue, to be or not to be, as the case may require, income of a person referred to in subsection (1).

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Marginal note:Veterans described

• 37 (1) The veterans referred to in the definition veteran in section 2 are those described in this section.

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• (3) A Canadian veteran of World War I or World War II is any former member of His Majesty’s Canadian forces

  • (a) who

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    • (ii) is in receipt of a pension for disability under the Pension Act in respect of service during World War I or World War II as those wars are defined in that Act,

• (4) An allied veteran is any former member of

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  • (e) is in receipt of a pension for disability under the Pension Act in respect of service during World War I or World War II as those wars are defined in that Act,

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• (7) A Canadian Forces veteran is a person who,

  • (a) as a member of the forces referred to in section 14 of the National Defence Act, left Canada or the United States, including Alaska, at any time prior to July 27, 1953 to participate in military operations undertaken by the United Nations to restore peace in the Republic of Korea; or

  • (b) is in receipt of a pension under the Pension Act, or is declared to have been eligible for, or awarded, a pension under the Pension Act after the member’s death, having become eligible for that pension by virtue of

    • (i) service as a member of the special force, as that force is defined in subsection 3(1) of that Act, or

    • (ii) service in the Korean War, as that service is defined in subsection 3(1) of that Act.

• Marginal note:Definitions

  (7.1) The definitions in this subsection apply in this section.

• Marginal note:Applicable rules

  (7.2) The following rules apply for the purposes of this section:

  • (a) the status of a vessel and of the members of its crew, and the class of voyage in which a vessel was engaged, shall be determined according to the Canada Shipping Act, 1934 and the regulations made thereunder, as that Act and those regulations read at the relevant time;

• (7.3) A merchant navy veteran of World War I or World War II is

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  • (e) any person who

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    for an injury or disease incurred or aggravated during service as a Canadian merchant mariner of World War I or Canadian merchant mariner of World War II within the meaning of section 21.1 of the Pension Act.

• (7.4) A Canadian merchant navy veteran of the Korean War is

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  • (b) any person who

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    for an injury or disease incurred or aggravated during service as a Canadian merchant mariner of the Korean War within the meaning of section 21.1 of the Pension Act.

• Marginal note:Definition of theatre of actual war

  (8) For the purposes of this section, theatre of actual war means

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  • (b) in the case of World War I,

    • (i) as applied to the army or air forces, the zone of the allied armies of the continents of Europe, Asia or Africa, or wherever the veteran has sustained injury or contracted disease directly by a hostile act of the enemy, and

    • (ii) as applied to the naval forces or the merchant navy, the high seas or wherever contact has been made with hostile forces of the enemy, or wherever the veteran has sustained injury or contracted disease directly by a hostile act of the enemy; and

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• Definition of commuted pension

  (9) For the purposes of this section, commuted pension means a final payment under the Pension Act in lieu of annual pension in respect of a disability rated at five per cent or more of total disability, or a similar or analogous final payment under the laws relating to the forces with which the veteran served.

• Marginal note:Commencement and duration of wars

  (10) For the purpose of this section, except subparagraphs (3)(a)(ii) to (iv) and paragraphs (4)(e) to (g),

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• Marginal note:Application to Newfoundland

  (11) For the purposes of this Act, Canadian forces includes any forces raised in Newfoundland, and domicile in Canada and residence in Canada include respectively domicile and residence in Newfoundland, whether before or after the union of Newfoundland with Canada.

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Marginal note:Veterans, survivors and orphans

• 4 (1) Subject to this Act, an allowance is payable to

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• Marginal note:Exception

  (2) Section 3 does not apply to subsection (1).

• Marginal note:Amount of allowance

  (3) The monthly allowance payable under this section to a veteran, survivor or orphan in a current payment period shall be computed as follows:

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  • (c) determine the monthly allowance payable to the veteran, survivor or orphan by subtracting from the applicable monthly allowance ceiling determined under paragraph (b) the current monthly benefits, if any,

    • (i) payable under the Old Age Security Act or, if no such benefits are payable, such benefits as are deemed to be payable pursuant to regulations made under paragraph 25(p), to or in respect of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be, or

    • (ii) payable under section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served.

• Marginal note:Payment where recipient absent from Canada

  (4) Notwithstanding subsection (1), the allowance payable under this section to a veteran, survivor or orphan may be paid to that veteran, survivor or orphan who absents himself or herself from Canada after July 31, 1960 if, on the day that he or she leaves Canada, he or she

  • (a) is a recipient of an allowance under this section or section 5; and

• Marginal note:Payment to survivors and orphans resident outside Canada

  (5) Notwithstanding anything in this section, the allowance payable under this section to a survivor or orphan may be paid to

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• Marginal note:Veteran couples

  (6) Where spouses residing together, or common-law partners, are both veterans, each may be paid the allowance that would be payable under this section if each veteran were a veteran without a spouse or common-law partner.

• Marginal note:Veteran couples

  (6.1) Where one of the veterans referred to in subsection (6) is not entitled to any allowance under that subsection, each may be paid the allowance that would be payable under this section if each veteran

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• Marginal note:If couple not residing together

  (8) If the Minister is satisfied that an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together as a result of one or both of them having to reside in a treatment or care facility or as a result of any other circumstances that are prescribed by regulations made under section 25, the Minister may direct that the applicant and spouse or common-law partner, or the recipient and spouse or common-law partner, as the case may be, be treated in the same manner as if they were persons referred to in subsection (6) and each person had one half of the aggregate of the income and benefits of both persons, and in that case, if the Minister deems it appropriate, the Minister shall apportion the allowances payable to them having regard to the circumstances of each of them and any dependent children involved.

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Marginal note:Death of veteran

• 5 (1) On the death of a veteran who, at the time of their death or at any time within the last twelve months of their life, was a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award a monthly allowance to the veteran’s survivor.

• Marginal note:Amount of allowance

  (1.1) The monthly allowance payable to a survivor under this section shall be computed in the same manner as a monthly allowance under section 4, except that the applicable monthly income factor referred to in paragraph 4(3)(a) in respect of the survivor shall be a monthly income factor specified in column II of the schedule opposite paragraph 2(a), (b) or (c) of the schedule, whichever is applicable, as if the survivor were a veteran described in paragraph 2(a) of the schedule.

• Marginal note:Inclusion of amount for dependent child

  (1.2) A monthly allowance payable to a survivor under this section shall, where the veteran who died left one or more dependent children, include an amount in respect of the child or children computed in accordance with the income factor specified in column II of the schedule opposite paragraph 2(d) of the schedule.

• Marginal note:Death of spouse or common-law partner

  (2) On the death of a spouse or common-law partner in respect of whom a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran a monthly allowance payable in the same manner and to the same extent as if the veteran were a survivor referred to in subsections (1) to (1.2).

• Marginal note:Death of child

  (3) On the death of a child in respect of whom a veteran or the survivor of a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, the recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran or survivor a monthly allowance payable in the same manner and to the same extent as if the veteran or survivor were a survivor referred to in subsections (1) to (1.2).

• Marginal note:Limitation on allowance payable

  (4) Notwithstanding anything in this Act, no allowance under this section is payable on the death of a veteran or of a spouse, common-law partner or child of a veteran in respect of any period more than twelve months after the month in which death occurs, and no other allowance is payable under this Act to a person to whom any allowance under this section has been awarded, during any period in respect of which the allowance so awarded is payable to that person.

• (5) Where, at any time after March 31, 1955, a veteran dies and, at the time of death,

  • (a) the veteran was eligible for an allowance under section 4, and

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