Veterans Well-being Act

Marginal note:Election — lump sum

• 53 (1) A member or a veteran to whom pain and suffering compensation is payable under section 45, 47 or 48 may elect, in the prescribed manner, to receive the pain and suffering compensation as a lump sum in lieu of monthly payments.

• Marginal note:Amount of lump sum

  (2) The amount of the pain and suffering compensation that is payable as a lump sum shall be determined by the formula

  A – B

  where

  A

  is the amount set out in column 4 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which pain and suffering compensation is payable; and

  B

  is the sum of the amounts obtained — in respect of each pain and suffering compensation that began to be payable to the member or veteran, other than pain and suffering compensation for which the member or veteran previously made an election under this section — by multiplying the amount determined in accordance with paragraph (a) by the number determined in accordance with paragraph (b):

  • (a) the amount set out in column 3 of Schedule 3 that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which that pain and suffering compensation was paid;

  • (b) the number of months for which the member or veteran was paid that pain and suffering compensation.

• Marginal note:Election irrevocable

  (3) An election made under subsection (1) is irrevocable and applies in respect of the member’s or veteran’s total extent of disability for which pain and suffering compensation is payable when the election is made.