Veterans Well-being Act

Marginal note:Eligibility — veterans

• 38 (1) The Minister may, on application, pay a permanent impairment 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 because, in the opinion of the Minister, the disability has not stabilized.

• 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 permanent impairment allowance.

• Marginal note:Amount of allowance

  (2) The Minister shall determine the amount of the permanent impairment allowance that may be paid to the veteran in a year. The minimum permanent impairment allowance shall be the amount set out in column 2 of item 1 of Schedule 2, and the maximum permanent impairment allowance shall be the amount set out in column 2 of item 2 of that Schedule.

• Marginal note:Total and permanent incapacitation

  (3) The Minister may, on application, increase the permanent impairment 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 is totally and permanently incapacitated.