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Veterans Well-being Act (S.C. 2005, c. 21)

Act current to 2020-06-17 and last amended on 2019-07-05. Previous Versions

PART 3Critical Injury, Pain and Suffering, Death and Detention (continued)

Pain and Suffering Compensation (continued)

Marginal note:Deemed extent of disability

 For the purposes of sections 55 and 56, if a member or a veteran dies as a result of an injury or a disease for which a disability award has been paid or for which pain and suffering compensation has been paid, is payable or would be payable and their death occurs more than 30 days after the day on which the injury occurred or the disease was contracted or the injury or disease was aggravated, the member or veteran is deemed to have been assessed, on the day before their death, as having an extent of disability of 100% in respect of that injury or disease.

  • 2018, c. 12, s. 144

Marginal note:Reduction

 If an amount is paid or payable to a person from a prescribed source in respect of a death or disability for which pain and suffering compensation is payable, the Minister may reduce the pain and suffering compensation that is payable to the person by an amount determined in accordance with the regulations.

  • 2018, c. 12, s. 144

Marginal note:Maximum extent of disability

  •  (1) If a member’s or a veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act — in relation to the disability award or pain and suffering compensation — and under the Pension Act, exceeds 100%, no pain and suffering compensation is to be paid for any percentage points exceeding 100%.

  • Marginal note:Compensable fraction

    (2) For the purpose of determining the extent of disability, if a disability award or pain and suffering compensation was paid or may be paid only in respect of a fraction of a disability, or if only a fraction of a disability is pensionable under the Pension Act, then only that fraction of the disability shall be taken into account.

  • 2018, c. 12, s. 144

Marginal note:No pain and suffering compensation — decision under Pension Act

  •  (1) No pain and suffering compensation shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, has been the subject of an application for a pension under the Pension Act and the Minister, or the Commission as defined in section 79 of that Act, has rendered a decision in respect of the application.

  • Marginal note:No pain and suffering compensation — inseparable for purpose of assessment

    (2) No pain and suffering compensation shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the Minister determines that the injury or disease, or the aggravation, is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted under the Pension Act.

  • 2018, c. 12, s. 144

Additional Pain and Suffering Compensation

Marginal note:Eligibility

  •  (1) The Minister may, on application, pay additional pain and suffering compensation to a veteran who suffers from one or more disabilities that are creating a permanent and severe impairment and a barrier to re-establishment in civilian life if the veteran, in respect of each of those disabilities, has been granted a disability award or pain and suffering compensation or a disability pension under the Pension Act.

  • Marginal note:Non-application of subsection (1)

    (2) Subsection (1) does not apply in respect of a disability resulting from an injury or disease, or the aggravation of an injury or disease, that resulted from

    • (a) service in the Canadian Forces on or before April 1, 1947; or

    • (b) service in the Korean War, as defined in subsection 3(1) of the Pension Act.

  • Marginal note:Ineligibility — exceptional incapacity allowance

    (3) A veteran who is receiving an exceptional incapacity allowance under the Pension Act is not eligible for additional pain and suffering compensation.

  • Marginal note:Assessment of extent of impairment

    (4) The Minister shall assess the extent of the veteran’s permanent and severe impairment.

  • Marginal note:Amount of additional pain and suffering compensation

    (5) The monthly amount of additional pain and suffering compensation that is payable is the amount set out in column 2 of Schedule 4 that corresponds to the extent of the veteran’s permanent and severe impairment as set out in column 1 of that Schedule.

  • Marginal note:When additional pain and suffering compensation payable

    (6) Subject to subsection (8), additional pain and suffering compensation begins to be payable on the later of

    • (a) the first day of the month in which the application for additional pain and suffering compensation is made,

    • (b) the day that is one year before the first day of the month in which the veteran is determined to be entitled to the additional pain and suffering compensation, and

    • (c) the first day of the month in which the veteran is released from the Canadian Forces or, if the veteran is released on the last day of the month, the first day of the month after the month in which the veteran is released.

  • Marginal note:Reassessment of extent of impairment

    (7) If there has been a change in circumstances relating to a veteran to whom additional pain and suffering compensation is payable, the Minister may, on application, reassess the extent of the veteran’s permanent and severe impairment. The Minister may, on his or her own initiative, reassess the extent of the veteran’s permanent and severe impairment.

  • Marginal note:When additional pain and suffering compensation payable — reassessment

    (8) If, as a result of the reassessment, a determination is made that the extent of the veteran’s permanent and severe impairment has changed, the resulting additional pain and suffering compensation begins to be payable,

    • (a) if the reassessment is conducted on application and the veteran’s extent of impairment has worsened, on the later of

      • (i) the first day of the month in which the application for a reassessment is made, and

      • (ii) the day that is one year before the first day of the month in which the determination is made;

    • (b) if the reassessment is conducted on application and the veteran’s extent of impairment has lessened, on the first day of the month after the month in which the determination is made; or

    • (c) if the reassessment is conducted on the Minister’s own initiative, on the first day of the month after the month in which the determination is made.

  • Marginal note:Duration of additional pain and suffering compensation

    (9) Subject to section 56.8, additional pain and suffering compensation ceases to be payable on the earlier of

    • (a) the first day of the month after the month in which the Minister determines that the veteran is no longer entitled to the additional pain and suffering compensation, and

    • (b) the first day of the month after the month in which the veteran dies.

  • 2018, c. 12, s. 144

Marginal note:Examination or assessment

 The Minister may, for the purpose of determining whether a veteran continues to be entitled to additional pain and suffering compensation under section 56.6 or for the purpose of determining whether the extent of the veteran’s permanent and severe impairment has changed, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

  • 2018, c. 12, s. 144

Marginal note:Suspension or cancellation

 The Minister may, in the prescribed circumstances, suspend the payment of additional pain and suffering compensation or cancel the additional pain and suffering compensation.

  • 2018, c. 12, s. 144

Death Benefit

Marginal note:Eligibility — service-related injury or disease

  •  (1) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

    • (a) the member dies as a result of a service-related injury or disease; and

    • (b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted.

  • Marginal note:Eligibility — injury or disease aggravated by service

    (2) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

    • (a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and

    • (b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.

 
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