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War Veterans Allowance Act (R.S.C., 1985, c. W-3)

Act current to 2020-07-28 and last amended on 2015-02-26. Previous Versions

Payment of Allowances

Marginal note:When allowance to cease

 Subject to this Act, an allowance payable under section 4 or awarded under section 5 shall continue to be paid during the lifetime of the person to whom or in respect of whom the allowance is paid and shall cease with the payment for the month in which the death of that person occurs.

  • R.S., c. W-5, s. 5
  • 1976-77, c. 28, s. 49(F)
  • 1980-81-82-83, c. 19, s. 28

 [Repealed, 1995, c. 17, s. 69]

Veterans Without Pre-war Canadian Domicile

Marginal note:Continuation of allowance

  •  (1) Subject to this Act, an allowance payable under section 4 or awarded under section 5, on or before February 27, 1995, to or in respect of a person who is an allied veteran within the meaning of paragraph 37(4)(b) or an allied dual service veteran within the meaning of paragraph 37(6)(b), as those paragraphs read immediately before that day, shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies.

  • Marginal note:Continuation of right to allowance

    (2) Subject to this Act but notwithstanding subsections 4(4) and (5), a survivor or orphan of an allied veteran or an allied dual service veteran to whom payment of an allowance was continued by subsection (1) may, on or after February 27, 1995, apply for and be paid an allowance under section 4 or be awarded an allowance under section 5, and any allowance so paid or awarded shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies.

  • Marginal note:When no allowance payable

    (3) No allowance under section 4 or 5 shall be paid to or in respect of a person referred to in subsection (1) or (2) for any month after February, 1996 in which the person resides outside Canada.

  • Marginal note:Residency requirement

    (4) In determining the rate of an allowance referred to in subsection (1) or (2) after February 29, 1996, a person is maintained by another, dependent on another or a dependent child of another only if the person is resident in Canada.

  • Marginal note:Exceptions

    (5) Notwithstanding subsections (3) and (4), a person to whom subsection (1) or (2) applies who

    • (a) at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada, or

    • (b) was the spouse, common-law partner or child of an allied veteran or an allied dual service veteran referred to in subsection (1) who, at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada

    shall, subject to this Act, be paid their allowance, during their lifetime, for any month beginning after February 1996 in which the person resides outside Canada and ending with such month as the Minister may fix by order.

  • Marginal note:Status as spouse, common-law partner or child

    (6) For the purposes of subsection (5), no person is to be considered a spouse, common-law partner or child under paragraph (5)(b) if they acquire their status as spouse, common-law partner or child after December 2, 1998.

  • 1995, c. 17, s. 70
  • 1999, c. 10, s. 2
  • 2000, c. 12, ss. 328, 332

Definition of “income”

Marginal note:Definition of income

  •  (1) For the purposes of this Act, income, of a person for a calendar year, has the same meaning as in section 2 of the Old Age Security Act except that, for the purposes of this Act,

    • (a) [Repealed, 1992, c. 48, s. 30]

    • (a.1) there shall be included in income of the person for the year any payment made to the person or the person’s spouse or common-law partner, if any, in the year under

    • (b) there shall not be included in income of the person for the year

      • (i) casual earnings in the year being net income from employment, self-employment or rental of property the aggregate of which from those sources does not exceed, in respect of the person, the person and the person’s spouse or common-law partner or the person and the person’s spouse or common-law partner who is a veteran, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner, a person with a spouse or common-law partner and a person with a spouse or common-law partner who is a veteran,

      • (ii) net interest income in the year from any source the aggregate of which does not exceed, in respect of the person or the person and the person’s spouse or common-law partner, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner and a person with a spouse or common-law partner,

      • (iii) any amount paid under any law that provides compensation to workers injured in the course of their employment as an attendance allowance in respect of the person or the person’s spouse or common-law partner, if any, or the person’s survivor or orphan, or

      • (iv) any amount paid to the person or the person’s spouse or common-law partner, if any, or the person’s survivor or orphan by reason of a decoration for gallantry;

    • (c) business losses and capital losses shall be taken into account in the year in which those losses occurred;

    • (d) dividend income shall be taken into account on the basis of the actual amount of the dividend; and

    • (e) paragraph (d) of the definition income in section 2 of the Old Age Security Act does not apply.

  • Marginal note:If change to other Acts

    (2) Despite subsection (1), if it appears to the Governor in Council that any amendment to the Income Tax Act or the regulations made under that Act, or to the Old Age Security Act, would result in a significant change in the amount of any allowance payable in respect of any class of persons under this Act, the Governor in Council may make orders to alleviate the effect of the change by deeming, for the purposes of this Act, revenue specified in the orders, or a part of that revenue, to be or not to be, as the case may require, income of a person referred to in subsection (1).

  • R.S., 1985, c. W-3, s. 7
  • R.S., 1985, c. 7 (1st Supp.), s. 4, c. 12 (2nd Supp.), s. 11
  • 1990, c. 39, s. 60, c. 43, s. 34
  • 1992, c. 48, s. 30
  • 1998, c. 21, s. 122
  • 1999, c. 22, s. 90
  • 2000, c. 12, ss. 325, 331, 335, 336, c. 34, s. 71

Limitations

Marginal note:Application for allowance

 No allowance is payable under section 4 unless an application therefor has been made in accordance with this Act and the regulations and the allowance has been awarded.

  • R.S., c. W-5, s. 7

Marginal note:Statement of income to be made

  •  (1) Every person who makes an application for an allowance shall include in the application a statement of the income of the person and the person’s spouse or common-law partner, if any, for the base calendar year.

  • (1.1) and (1.2) [Repealed, 2000, c. 34, s. 72]

  • Marginal note:Option to file statement of estimated income

    (2) If there is an ongoing decrease in the income of an applicant, a recipient or, when applicable, the spouse or common-law partner of an applicant or a recipient, beginning in any month in the period between the beginning of the base calendar year and the end of the current payment period, the applicant or recipient may file with the Minister, in addition to any statement required under subsection (1) or 27(1), a statement of the estimated monthly income of the applicant or recipient and, when applicable, of the spouse or common-law partner of the applicant or recipient.

  • Marginal note:Effect on amount of monthly allowance

    (3) The monthly allowance payable to the applicant or recipient referred to in subsection (2) for the month in which the decrease in income began, and for any subsequent month in the previous and current payment periods, shall be based on the estimated monthly income if

    • (a) the estimated monthly income

    is less than

    • (b) one twelfth of the income for the base calendar year applicable to that month

    by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).

  • Marginal note:Continuation of allowance based on estimated income

    (4) If a recipient’s monthly allowance for the last month of the previous payment period was based on estimated monthly income, the monthly allowance payable for the current payment period may be based on the same estimated monthly income if

    • (a) that estimated monthly income

    continues to be less than

    • (b) one twelfth of the income for the base calendar year applicable to the current payment period

    by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).

  • Marginal note:If ongoing increase in income occurs

    (5) Each time that a recipient whose allowance is based on estimated monthly income experiences an ongoing increase in income or, when applicable, in the income of their spouse or common-law partner,

    • (a) the recipient shall without delay notify the Minister of the increase; and

    • (b) the calculation of the recipient’s monthly allowance for the month in which the increase began, and for subsequent months in the current payment period, shall be based on that increase.

  • R.S., 1985, c. 7 (1st Supp.), s. 5, c. 12 (2nd Supp.), s. 12
  • 1990, c. 43, s. 35
  • 1998, c. 21, ss. 123, 124
  • 2000, c. 12, s. 325, c. 34, s. 72
 
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