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

Act current to 2021-11-17 and last amended on 2020-07-27. Previous Versions

PART 5Transitional Provisions (continued)

Transitional Provisions Relating to Income Replacement Benefit (continued)

Earnings Loss Benefit (continued)

Marginal note:Pending applications

  •  (1) If, before April 1, 2019, a survivor or an orphan made an application for an earnings loss benefit under subsection 22(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date.

  • Marginal note:Approved applications — payment of benefit

    (2) If the Minister approves the application, the Minister shall pay to the survivor or orphan, under section 22 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 22(2) of that Act and ending on March 31, 2019.

  • Marginal note:Deemed application for retirement income security benefit

    (3) If the earnings loss benefit that is paid to a survivor referred to in subsection (2) ceases to be payable before March 31, 2019, the survivor is deemed to have made an application for a retirement income security benefit under subsection 40.4(1) of the former Act on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Marginal note:Review

  •  (1) If, before April 1, 2019, the Minister made a determination to deny an application for an earnings loss benefit made by a survivor or an orphan under subsection 22(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the benefit, then,

    • (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and

    • (b) the Minister shall pay to the survivor or orphan, under section 22 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 22(2) of that Act and ending on March 31, 2019.

  • Marginal note:Deemed application for retirement income security benefit

    (2) If the earnings loss benefit that is paid to a survivor referred to in paragraph (1)(b) ceases to be payable before March 31, 2019, the survivor is deemed to have made an application for a retirement income security benefit under subsection 40.4(1) of the former Act on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Career Impact Allowance

Marginal note:Amount paid — veterans who received increase

  •  (1) If an increase to the career impact allowance was payable to a veteran, under subsection 38(3) of the former Act, on March 31, 2019 but neither an earnings loss benefit under section 18 of the former Act nor a retirement income security benefit under section 40.1 or 40.2 of that Act was payable to the veteran on March 31, 2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran under section 18 of the new Act and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to,

    • (a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or

    • (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection.

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

    (2) Subsection (1) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2.

  • Marginal note:Minimum amount of income replacement benefit

    (3) If a veteran received an amount under subsection (1) for a given month and if, for any month after that month, the income replacement benefit is payable to the veteran under section 18 of the new Act, then the monthly amount of the income replacement benefit that is payable to the veteran is not, despite subsections 19(1) and 19.1(1) of the new Act, to be less than,

    • (a) if the increase to the career impact allowance that the veteran received under subsection 38(3) of the former Act for the month of March 2019 was payable for the whole month, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or

    • (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable.

  • Marginal note:Amount deemed to be compensation

    (4) An amount paid or payable under subsection (1) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

  • Marginal note:Application of subsection 88(4)

    (5) Subsection 88(4) applies to an amount paid under subsection (1).

Marginal note:Pending applications

  •  (1) If, before April 1, 2019, a veteran made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(1) of the former Act. If the determination is made after March 31, 2020, it is deemed to have been made on that date.

  • Marginal note:Approved applications — payment of allowance

    (2) If the Minister approves the application, the Minister shall

    • (a) determine, under subsection 38(2) of the former Act, the amount of the career impact allowance that is payable to the veteran in a year; and

    • (b) pay to the veteran, under section 38 of the former Act, the career impact allowance that they are entitled to, but only for the period beginning on the day on which the allowance begins to be payable under section 39 of that Act and ending on March 31, 2019.

  • Marginal note:Pending applications for increase

    (3) If, before April 1, 2019, a veteran made an application for an increase to the career impact allowance under subsection 38(3) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(3) of the former Act. If the determination is made after March 31, 2020, it is deemed to have been made on that date.

  • Marginal note:Approved applications — payment of increase

    (4) If the Minister approves the application, the Minister shall increase the career impact allowance that is payable to the veteran under section 38 of the former Act by the amount set out in item 2.1, column 2, of Schedule 2 to the former Act, but only for the period beginning on the day on which the increase begins to be payable under section 39 of that Act and ending on March 31, 2019.

Marginal note:Review respecting applications for allowance

  •  (1) If, before April 1, 2019, the Minister made a determination to deny an application for a career impact allowance made by a veteran under subsection 38(1) of this Act as it read at any time before that date but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the allowance, then,

    • (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date;

    • (b) the Minister shall determine, under subsection 38(2) of the former Act, the amount of the career impact allowance that is payable to the veteran in a year; and

    • (c) the Minister shall pay to the veteran under section 38 of the former Act the career impact allowance that they are entitled to, but only for the period beginning on the day on which the allowance begins to be payable under section 39 of that Act and ending on March 31, 2019.

  • Marginal note:Review respecting applications for increase

    (2) If, before April 1, 2019, the Minister made a determination to deny an application for an increase to the career impact allowance made by a veteran under subsection 38(3) of this Act as it read at any time before that date but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the increase, then,

    • (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and

    • (b) the Minister shall increase the career impact allowance that is payable to the veteran under section 38 of the former Act by the amount set out in item 2.1, column 2, of Schedule 2 to that Act, but only for the period beginning on the day on which the increase begins to be payable under section 39 of that Act and ending on March 31, 2019.

Marginal note:Review respecting amount of allowance

 If, after approving an application made by a veteran for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019, the Minister determined, under subsection 38(2) of this Act as it read at any time before April 1, 2019, the amount of the career impact allowance that may be paid to the veteran in a year but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to increase the amount of the allowance that may be paid, then,

  • (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and

  • (b) the Minister shall increase the career impact allowance that may be paid to the veteran under section 38 of the former Act, by an amount that is the difference between the amount of the allowance set out in the final determination and the amount of the allowance that was initially determined, but only for the period beginning on the latest of the following days and ending on March 31, 2019:

    • (i) the day on which the application for the allowance was made under that subsection 38(1),

    • (ii) the day that is one year before the day on which the final determination is made, and

    • (iii) the day after the day on which the veteran was released from the Canadian Forces.

Marginal note:Members — determination under subsection 38(1) of former Act

  •  (1) If, before April 1, 2019, the Minister made a determination in respect of an application for a career impact allowance made by a member under subsection 38(1) of this Act as it read at any time before April 1, 2019 and the member was not released from the Canadian Forces before March 31, 2019, then

    • (a) if the determination was to approve the application,

      • (i) the application and the Minister’s determination are deemed not to have been made, and

      • (ii) the member is deemed to have made an application for additional pain and suffering compensation under subsection 56.6(1) of the new Act on April 1, 2019; and

    • (b) if the determination was to deny the application, the application and the Minister’s determination are deemed not to have been made.

  • Marginal note:Members — determination under subsection 38(3) of former Act

    (2) If, before April 1, 2019, the Minister made a determination in respect of an application for an increase to the career impact allowance made by a member under subsection 38(3) of this Act as it read at any time before April 1, 2019 and the member was not released from the Canadian Forces before March 31, 2019, then the application and the Minister’s determination are deemed not to have been made.

Marginal note:Members — pending applications for allowance

  •  (1) If, before April 1, 2019, a member made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31, 2019, then the application is deemed not to have been made and the member is deemed to have made an application for additional pain and suffering compensation under subsection 56.6(1) of the new Act on April 1, 2019.

  • Marginal note:Members — pending applications for increase

    (2) If, before April 1, 2019, a member made an application for an increase to the career impact allowance under subsection 38(3) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31, 2019, then the application is deemed not to have been made.

Retirement Income Security Benefit

Veterans

Marginal note:Veterans’ deemed entitlement to income replacement benefit

  •  (1) A veteran to whom a retirement income security benefit was payable on March 31, 2019 under section 40.1 or 40.2 of the former Act is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 18 of the new Act and the following rules apply in respect of the veteran:

    • (a) despite subsection 18(3) of the new Act, the income replacement benefit begins to be payable to the veteran on April 1, 2019;

    • (b) the veteran is deemed, on April 1, 2019, to be entitled to continue to receive the income replacement benefit under subsection 18(7) of the new Act; and

    • (c) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19.1(1) of that Act, subject to subsections (2) to (4).

  • Marginal note:Amount determined for A in subsection 19.1(1)

    (2) The amount determined for A in subsection 19.1(1) of the new Act is 70% of the income replacement benefit that the veteran would have been entitled to for the month of March 2019 if the benefit had been payable to the veteran for that month, if the veteran had attained the age of 65 years in that month and if any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) had not been taken into account.

  • Marginal note:Protected amount

    (3) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19.1(1) of the new Act, indexed until the time the benefit is payable, is less than the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by that sum:

    • (a) the amount determined for A in subsection 40.1(4) or 40.2(4) of the former Act, as the case may be, that was used to calculate the retirement income security benefit payable to the veteran under subsection 40.1(1) or 40.2(1) of that Act, as the case may be, for the month of March 2019, and

    • (b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, 70% of the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, 70% of the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month.

  • Marginal note:Minimum amount of benefit

    (4) Despite subsection (2), if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is not to be less than,

    • (a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or

    • (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable.

  • Marginal note:Amount paid

    (5) If an increase to the career impact allowance was payable to a veteran referred to in subsection (1), under subsection 38(3) of the former Act, on March 31, 2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to,

    • (a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or

    • (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection.

  • Marginal note:Non-application of subsection (5)

    (6) Subsection (5) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2.

  • Marginal note:Amount deemed to be compensation

    (7) An amount paid or payable under subsection (5) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

  • Marginal note:Application of subsection 88(4)

    (8) Subsection 88(4) applies to an amount paid under subsection (5).

 
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