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

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,

    • (i) the survivor is entitled to 50% of the income replacement benefit, and

    • (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

  • (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

  • (a) providing for the periodic adjustment of the income replacement benefit calculated in accordance with subsection (1); and

  • (b) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.