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Pension Act

Version of section 38 from 2003-01-01 to 2017-06-21:


Marginal note:Attendance allowance

  •  (1) A member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an attendance allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.

  • Marginal note:When attendance allowance ceases

    (2) Where a member of the forces who has been awarded an attendance allowance under subsection (1) is in or enters a hospital under the jurisdiction of the Department, the Minister may, unless that member is in receipt of an attendance allowance at the maximum rate payable under that subsection or is blind, direct that payment of the allowance cease during the period that the member is in hospital, commencing with the later of the time the direction is made and one month after the end of the month in which the member entered hospital.

  • Marginal note:Payment of allowance on death of member

    (3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or common-law partner or a child of the member and

    • (a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse, common-law partner or child, or

    • (b) the pension awarded to the member was a final payment,

    the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of death to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.

  • Marginal note:Wear and tear of clothing on account of amputation

    (4) A member of the forces who is in receipt of a pension on account of an amputation of the leg at or above a Symes’ amputation is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation.

  • Marginal note:Idem

    (5) A member of the forces who is in receipt of a pension on account of an amputation of the arm at or above the wrist is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation.

  • Marginal note:Wear and tear of clothing on account of two amputations

    (6) A member of the forces who is in receipt of a pension on account of two amputations of a kind described in subsection (4) or (5) is, in addition to the allowances to which that member is entitled under that subsection, entitled in respect of the second amputation to an allowance on account of wear and tear of clothing equal to fifty per cent of the allowance referred to in that subsection.

  • Marginal note:Wear and tear on account of other disabilities

    (7) A member of the forces who is in receipt of a pension for a disability other than a disability described in subsection (4) or (5) that causes wear and tear of clothing may be granted an allowance on account of wear and tear of clothing not exceeding the allowance set out in Schedule III.

  • Marginal note:Specially made wearing apparel

    (8) A member of the forces who is in receipt of a pension for any disability that requires the wearing of specially made apparel is entitled, in addition to any other allowance to which the member is entitled under this section, to the allowance set out in Schedule III on account of the purchase of such apparel.

  • R.S., 1985, c. P-6, s. 38
  • R.S., 1985, c. 16 (1st Supp.), s. 6
  • 1990, c. 43, s. 15
  • 1995, c. 18, ss. 56, 75
  • 1999, c. 10, s. 6
  • 2000, c. 12, s. 215
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