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

Act current to 2019-06-20 and last amended on 2015-02-26. Previous Versions

Quarterly Adjustment of Allowances

Marginal note:Quarterly adjustment of income factor

  •  (1) The income factors specified in column II of the schedule shall be adjusted quarterly, in such manner as may be prescribed by regulation of the Governor in Council, so that the income factor applicable for a month in any payment quarter is an amount equal to the product obtained by multiplying

    • (a) the income factor that would have been applicable for that month if no adjustment had been made under this section with respect to that payment quarter,

    by

    • (b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter.

  • Marginal note:References

    (2) Wherever in this Act reference is made to an income factor specified in column II of the schedule, the reference shall be construed as a reference to that income factor adjusted where applicable in the manner provided in this section and sections 20 and 21.

  • 1972, c. 12, s. 3
  • 1973-74, c. 9, s. 4
  • 1974-75-76, c. 8, s. 10
  • 1980-81-82-83, c. 19, s. 37
  • 1984, c. 19, s. 12
  •  (1) [Repealed, 2000, c. 34, s. 77]

  • Marginal note:No adjustment where Consumer Price Index lower

    (2) Where, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter,

    • (a) no adjustment shall be made pursuant to subsection 19(1) in respect of that payment quarter; and

    • (b) no adjustment shall be made pursuant to that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in paragraph (a) shall be deemed to be the second adjustment quarter that relates to that subsequent payment quarter.

  • R.S., 1985, c. W-3, s. 20
  • 2000, c. 34, s. 77

Marginal note:Where basis of Consumer Price Index changed

 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis with a resulting percentage adjustment being made in the figures for that Index, a corresponding percentage adjustment shall be made in the Consumer Price Index with respect to any adjustment quarter or other period that is used for the purpose of adjusting the income factors specified in column II of the schedule.

  • 1972, c. 12, s. 3
  • 1974-75-76, c. 8, s. 10
  • 1980-81-82-83, c. 19, s. 38

Marginal note:Increases

  •  (1) The income factors specified in column II of the schedule, except the income factor specified for orphans and children, shall be increased simultaneously with and by the same amount as any increase in the amount of each of the Old Age Security pension and the Guaranteed Income Supplement provided from time to time by amendments to the Old Age Security Act, other than regular quarterly adjustments made under that Act in relation to the Consumer Price Index.

  • (2) and (3) [Repealed, 2000, c. 34, s. 78]

  • R.S., 1985, c. W-3, s. 22
  • 2000, c. 34, s. 78

 [Repealed, 2000, c. 34, s. 79]

Evidence

Marginal note:Certificates as evidence

 In any trial, prosecution or other proceeding,

  • (a) a certificate purporting to be signed by the Minister and setting out the amount of allowance obtained and the portion thereof that remains unrepaid or unrecovered as of any day is evidence of the amount of the allowance obtained and the portion thereof that remains unrepaid or unrecovered as of that day, and

  • (b) a document purporting to be an adjudication of the Minister or of the Board is evidence of the facts stated therein,

without proof of the signature or official character of any person appearing to have signed the certificate or document and without further proof thereof.

  • R.S., 1985, c. W-3, s. 24
  • R.S., 1985, c. 20 (3rd Supp.), ss. 31, 38(F)

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing the manner of making applications for allowances and the information and evidence to be furnished in connection with such applications;

  • (a.1) prescribing an enactment for the purposes of subparagraph 4(3)(c)(ii);

  • (b) prescribing the times and manner of payment of allowances and providing for adjustment of those payments in relation to the income of the recipient;

  • (c) prescribing circumstances in which an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together for the purposes of subsection 4(8);

  • (d) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada;

  • (e) [Repealed, 2000, c. 34, s. 80]

  • (e.1) prescribing the amount, or prescribing the method of determining the amount, for the purposes of subsection 8.1(3) or (4);

  • (f) and (g) [Repealed, R.S., 1985, c. 7 (1st Supp.), s. 7]

  • (h) requiring recipients to report any change in their domestic circumstances;

  • (i) [Repealed, 2000, c. 34, s. 80]

  • (j) [Repealed, R.S., 1985, c. 7 (1st Supp.), s. 7]

  • (k) prescribing the procedure to be followed in reviews of adjudications by an officer or employee of the Department designated by the Minister for that purpose and to give effect to adjudications;

  • (l) [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 32]

  • (m) [Repealed, 2000, c. 34, s. 80]

  • (n) prescribing for the purposes of section 7 the maximum amount of

    • (i) casual earnings 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, and

    • (ii) interest income of a person without a spouse or common-law partner and a person with a spouse or common-law partner;

  • (o) prescribing the terms and conditions for the deduction from an allowance of the amounts to be paid to the government of a province or to a municipal authority pursuant to subsection 17(2);

  • (p) prescribing the monthly benefit deemed to be payable for the purposes of subparagraph 4(3)(c)(i); and

  • (q) prescribing for the purposes of the schedule the meaning of blind.

  • R.S., 1985, c. W-3, s. 25
  • R.S., 1985, c. 7 (1st Supp.), s. 7, c. 12 (2nd Supp.), s. 13, c. 20 (3rd Supp.), s. 32
  • 1990, c. 43, s. 37
  • 2000, c. 12, ss. 325, 326(F), 327(E), 331, c. 34, s. 80

Powers of Minister

Marginal note:Errors in administration may be rectified

 Where, in the opinion of the Minister, an applicant for an allowance or a recipient has suffered a financial disadvantage as a result of an error on the part of any person in the exercise or performance of any powers, duties or functions of the person under this Act, the Minister may take such steps to remedy the disadvantage so suffered as the Minister deems reasonably necessary in the circumstances.

  • R.S., c. W-5, s. 23
  • 1980-81-82-83, c. 19, s. 41
  • 1984, c. 19, s. 16

Marginal note:Review of adjudication

  •  (1) Every adjudication by the Minister is subject to review by the Minister who may, for the purpose of any review, require the recipient to submit a statement of such facts as the Minister may consider relevant to determine the right of the recipient to have any allowance continued.

  • Marginal note:Statement to be verified

    (2) Any statement submitted pursuant to subsection (1) shall be verified in such manner as the Minister may direct and in the event the recipient fails to furnish a statement as required, the Minister may reduce, suspend or cancel payment of the allowance.

  • R.S., c. W-5, s. 24
  • 1984, c. 19, s. 23
 
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