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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

Limitations (continued)

Marginal note:Enemy forces

 No allowance shall be paid to any person who served in enemy forces during either World War II or the Korean War.

  • R.S., 1985, c. W-3, s. 9
  • 2009, c. 20, s. 3

Marginal note:Survivor

  •  (1) Subject to subsection (2), no allowance shall be paid to the survivor of a veteran unless the survivor was residing with, maintaining or being maintained by the veteran at the time of the veteran’s death.

  • Marginal note:Exemption

    (2) The Minister may exempt any survivor from the operation of subsection (1) in any case where the Minister deems it just and reasonable to do so.

  • R.S., 1985, c. W-3, s. 10
  • 2000, c. 12, ss. 329(E), 332, c. 34, s. 90(E)

Marginal note:Recent marriage

 Notwithstanding anything in this Act, no allowance under section 4 shall be paid and no allowance under section 5 shall be awarded to the surviving spouse of a veteran if the veteran dies within one year after the date of the marriage, unless, in the opinion of the Minister

  • (a) the veteran was at the time of that marriage in such a condition of health as to justify the veteran in having an expectation of life of at least one year; or

  • (b) the circumstances surrounding the marriage and subsequent death of the veteran are of such a special nature as to merit the payment or award of an allowance.

  • R.S., 1985, c. W-3, s. 11
  • 2000, c. 12, s. 330(F), c. 34, s. 90(E)

Marginal note:Allowance only to dependent child

  •  (1) Except where an allowance is payable to a person other than by virtue of that person being a child, no allowance shall be paid to or in respect of a child unless the child is a dependent child.

  • Marginal note:Discontinuance of child allowance

    (2) Payment of an allowance to or in respect of a dependent child shall be suspended where the child is being wholly maintained at the expense of a provincial or municipal institution or by any branch or agency of the Government of Canada, other than the Department.

  • Marginal note:Commencement or discontinuance of allowance for dependent child

    (3) An allowance to or in respect of a dependent child who in any month becomes or ceases to be eligible for an allowance shall be paid as if the dependent child was eligible for the allowance for the whole month and not just a part thereof.

  • R.S., c. W-5, s. 12
  • 1974-75-76, c. 8, s. 8
  • 1980-81-82-83, c. 19, s. 32
  • 1984, c. 19, s. 7

Marginal note:Rights under Pension Act

 The right of any veteran to receive a pension under the Pension Act is not affected by anything in this Act or by the receipt of any allowance.

  • R.S., 1985, c. W-3, s. 13
  • 2013, c. 33, s. 158

Suspension of Allowance

Marginal note:Absence from Canada

  •  (1) Where a recipient of an allowance under section 4 absents themself from Canada, payment of the allowance shall, subject to subsection (4) of that section, be suspended immediately following the payment for the month in which the recipient so absents themself, but may be resumed when the recipient returns to Canada.

  • Marginal note:On imprisonment of recipient

    (2) Where, on or after July 17, 1980, a recipient of an allowance is convicted of an offence and sentenced to a term of imprisonment, the payment of the allowance shall be suspended from the first day of the seventh month of that imprisonment until the release from imprisonment except that the payment thereof may be continued where the Minister is of the opinion that,

    • (a) where a spouse, common-law partner or child of the recipient is entitled to be supported by the recipient at the time of the recipient’s conviction, the spouse, common-law partner or child continues to be entitled to that support; or

    • (b) the continuation of the payment of the allowance would assist the recipient in his or her rehabilitation.

  • Marginal note:On imprisonment of applicant

    (3) Where an applicant for an allowance who is serving a term of imprisonment is eligible for an allowance, an allowance may be awarded to the applicant and may be paid during that imprisonment where the Minister is of the opinion that

    • (a) a spouse, common-law partner or child of the applicant is entitled to be supported by the applicant at the time of the applicant’s conviction and the spouse, common-law partner or child continues to be entitled to that support; or

    • (b) the payment of the allowance would assist the applicant in his or her rehabilitation.

  • R.S., 1985, c. W-3, s. 14
  • 2000, c. 12, s. 328, c. 34, s. 90(E)

Payment on Behalf of Recipient

Marginal note:Payments to other persons

  •  (1) Where the Minister is of the opinion that a recipient would be likely to apply the amount of any allowance otherwise than to the best advantage, the Minister may direct the payments to be made to and administered by such person as the Minister selects.

  • Marginal note:Holding of allowance for recipient in certain cases

    (2) Where it appears to the Minister that a recipient is,

    • (a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or

    • (b) not maintaining a spouse, common-law partner or dependent child,

    the Minister may direct that the allowance payable to the recipient be held and administered by the Minister or a person or agency selected by the Minister for the benefit of the recipient and the spouse, common-law partner or dependent child, as the case may be.

  • Marginal note:Minimum payment to recipient

    (3) In circumstances where paragraph (2)(a) does not apply but paragraph (2)(b) applies, the Minister or person or agency may hold and administer only that portion, if any, of the allowance of a recipient in excess of the amount of allowance that would be payable to the recipient if the recipient were a person to whom the income factor specified in column II of the schedule opposite paragraph 1(a) or, if the recipient is blind, opposite paragraph 1(d), applied.

  • R.S., 1985, c. W-3, s. 15
  • R.S., 1985, c. 37 (3rd Supp.), s. 18
  • 2000, c. 12, s. 320

Marginal note:Indebtedness to Director of Veterans’ Land Act

 For the purpose of ensuring continued occupancy by a recipient of a home acquired by the recipient under the Veterans’ Land Act, chapter V-4 of the Revised Statutes of Canada, 1970, the Minister may, with the consent in writing of the recipient, enter into an arrangement with The Director, The Veterans’ Land Act to pay to that Director out of the recipient’s allowance an amount not exceeding the amount of principal and interest, calculated on a monthly basis, as provided in the recipient’s agreement of sale with The Director, The Veterans’ Land Act to be applied against the indebtedness of the recipient under the Veterans’ Land Act.

  • R.S., 1985, c. W-3, s. 16
  • 2000, c. 34, s. 90(E)

Protection of Allowance

Marginal note:No assignment, seizure, etc.

  •  (1) Except as provided in this Act, no allowance is subject to

    • (a) assignment, alienation or transfer by the recipient; or

    • (b) seizure or execution, either at law or in equity.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where any provincial or municipal authority in a province pays a person any advance, assistance or welfare payment for a period that would not be paid if an allowance had been paid for that period, and subsequently an allowance becomes payable or payment of an allowance may be made under this Act to that person for that period, the Minister may, in accordance with such terms and conditions as are prescribed by regulations made under section 25, deduct from that allowance and pay to the government of the province or to the municipal authority an amount not exceeding the amount of the advance, assistance or welfare payment paid, if that person had before receiving the advance, assistance or welfare payment from the government of the province or the municipal authority consented in writing to the deduction and payment.

  • R.S., 1985, c. W-3, s. 17
  • 2000, c. 34, s. 74

Recoveries and Underpayments

Definition of overpayment

  •  (1) In this section, overpayment, in relation to any period, means

    • (a) an allowance payment that was paid to a person in respect of that period and to which the person had no entitlement; or

    • (b) if an allowance payment was paid to a person in respect of that period that was in excess of the amount of the allowance payment to which the person was entitled, the amount of that excess.

  • Marginal note:Recovery of overpayments

    (1.01) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

    • (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;

    • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

    • (c) may be recovered in any court of competent jurisdiction.

  • Marginal note:Excessive payments and underpayments

    (1.1) Where an allowance has been paid in respect of any payment period and it is subsequently determined that the income of the recipient and, if applicable, the recipient’s spouse or common-law partner, for the base calendar year calculated as required by this Act, in this subsection referred to as the “actual income”, is not the same as the income of the recipient, in this subsection referred to as the “shown income”, calculated as required by this Act on the basis of a statement required or permitted by section 8.1 to be made or filed by the recipient, the following adjustment shall be made:

    • (a) if the actual income exceeds the shown income, any amount by which the allowance paid to the recipient for months in that payment period exceeds the allowance that would have been paid to the recipient for those months if the shown income had been equal to the actual income shall be considered an overpayment; or

    • (b) if the shown income exceeds the actual income, there shall be paid to the recipient any amount by which the allowance that would have been paid to the recipient for months in that payment period if the actual income had been equal to the shown income, exceeds the allowance paid to the recipient for those months.

  • (1.2) [Repealed, 2000, c. 34, s. 75]

  • Marginal note:Remission of overpayments

    (2) If a person has received or obtained an overpayment and the Minister is satisfied that

    • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

    • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

    • (c) repayment of the overpayment would cause undue hardship to the person, or

    • (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,

    the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

  • Marginal note:Recovery from survivor or orphan

    (3) Where a survivor or orphan of a deceased veteran retains any amount of the veteran’s allowance paid after the last day of the month in which the veteran died, that amount may be deducted from any allowance granted to the survivor or orphan.

  • R.S., 1985, c. W-3, s. 18
  • R.S., 1985, c. 7 (1st Supp.), s. 6
  • 1998, c. 21, s. 124
  • 2000, c. 12, s. 325, c. 34, s. 75
 
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