Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 4Canadian Forces Members and Veterans (continued)
2005, c. 21; 2017, c. 20, s. 270Veterans Well-being Act (continued)
133 Sections 20 to 22 of the Act are replaced by the following:
Marginal note:Amount of benefit — veteran 65 years or older
19.1 (1) Subject to the regulations and section 19, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who has attained the age of 65 years shall be determined by the formula
A – B
where
- A
- is 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they attain the age of 65 years had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; and
- B
- is an amount that is payable to the veteran for a month from prescribed sources.
Marginal note:Regulations
(2) The Governor in Council may make regulations
Marginal note:Examination or assessment
20 (1) The Minister may, for the purpose of determining whether a veteran continues to be entitled to an income replacement benefit under section 18, 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 suspend the payment of the income replacement benefit. If the veteran continues to fail to undergo the medical examination or the assessment for a period of 30 days after the day on which payment of the benefit is suspended, the Minister may cancel the benefit.
Marginal note:Suspension or cancellation
21 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 18 or cancel the benefit.
Survivors and Orphans
Marginal note:Eligibility — service-related death before age 65
22 (1) The Minister may, on application, pay, in accordance with section 23, an income replacement benefit to a member’s or a veteran’s survivor or orphan if the member or veteran dies before the day on which they attain the age of 65 years as the result of
Marginal note:When benefit payable
(2) The income replacement benefit begins to be payable on the later of
Marginal note:Duration of benefit
(3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be,
134 (1) Subsections 23(1) to (3) of the Act are replaced by the following:
Marginal note:Amount of benefit
23 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 22 in respect of a member or a veteran is
(a) for the month in which the member or veteran, if alive, would have attained the age of 65 years and any month before that month, 90% of the member’s or veteran’s imputed income for a month; and
(b) for any month after the month in which the member or veteran, if alive, would have attained the age of 65 years, 70% of the amount determined by the formula
A × B
where
- A
- is 70%; and
- B
- is 90% of the member’s or veteran’s imputed income for a month.
Marginal note:Division of benefit
(2) If the income replacement 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 income replacement benefit;
(b) if there is a survivor and one or more orphans,
(c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.
Marginal note:Reduction — survivor
(3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.
(2) Paragraphs 23(4)(a) to (d) of the Act are replaced by the following:
(a) respecting, for the purposes of paragraphs (1)(a) and (b), the determination of the imputed income in respect of a class of members or veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination;
(b) providing for a minimum amount of imputed income in respect of a class of members or veterans and for the periodic adjustment of that minimum amount;
(c) providing for the periodic adjustment of the amount of the income replacement benefit calculated in accordance with subsection (1); and
(d) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.
(3) Section 23 of the Act is amended by adding the following after subsection (4):
Marginal note:Career progression factor
(5) If regulations made under paragraph (4)(a) provide for the periodic adjustment of a member’s or a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment shall not be applied after the earlier of
135 Sections 24 to 26 of the Act are replaced by the following:
Marginal note:Eligibility — non-service-related death before age 65
24 (1) The Minister may, on application, pay, in accordance with section 25, an income replacement benefit to a veteran’s survivor or orphan if the veteran
Marginal note:Lump sum
(2) The benefit is to be paid as a lump sum.
Marginal note:Amount of benefit
25 (1) The amount of the income replacement benefit that is payable under section 24 in respect of a veteran is
(a) 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; or
(b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account.
Marginal note:Division of benefit
(2) If the income replacement 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 income replacement benefit;
(b) if there is a survivor and one or more orphans,
(c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.
Marginal note:Eligibility — veteran’s death at age 65 years or older
26 (1) The Minister may, on application, pay, in accordance with section 26.1, an income replacement benefit to a veteran’s survivor or orphan if the veteran dies on or after the day on which they attain the age of 65 years and the veteran was entitled to the income replacement benefit at the time of their death.
Marginal note:When benefit payable
(2) The income replacement benefit begins to be payable on the later of
Marginal note:Duration of benefit
(3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be,
Marginal note:Amount of benefit
26.1 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 26 in respect of a veteran is
(a) 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account; or
(b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account.
Marginal note:Division of benefit
(2) If the income replacement 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 income replacement benefit;
(b) if there is a survivor and one or more orphans,
(c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.
Marginal note:Reduction — survivor
(3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the veteran — from prescribed sources.
Marginal note:Regulations
(4) The Governor in Council may make regulations
Marginal note:Suspension or cancellation
26.2 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 22 or 26 or cancel the benefit.
- Date modified: