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

Act current to 2019-07-01 and last amended on 2019-04-01. Previous Versions

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

Death Benefit (continued)

Marginal note:Amount of benefit

  •  (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2.

  • Marginal note:Reduction of benefit

    (2) If an amount is paid or payable to a person from a prescribed source in respect of a death for which a death benefit is payable, the Minister may reduce the death benefit payable to the person by a prescribed amount.

Marginal note:Division of benefit

 If a death benefit is payable to a survivor or a person who was, at the time of a member’s death, a dependent child, the following rules apply:

  • (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the death benefit;

  • (b) if there is a survivor and one or more persons who were dependent children,

    • (i) the survivor is entitled to 50% of the death benefit, and

    • (ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them; and

  • (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children.

Clothing Allowance

Marginal note:Allowance — amputation

  •  (1) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of their amputation that causes wear and tear of clothing.

  • Marginal note:Allowance — amputation

    (2) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of the arm at or above the wrist a clothing allowance in respect of their amputation that causes wear and tear of clothing.

  • Marginal note:Allowance — two amputations

    (3) If a member or a veteran has received a disability award or pain and suffering compensation on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

  • Marginal note:Allowance — other disabilities

    (4) If a member or a veteran has received a disability award or pain and suffering compensation for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

  • Marginal note:Specially made apparel

    (5) If a member or a veteran has received a disability award or pain and suffering compensation for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

  • 2005, c. 21, s. 60
  • 2018, c. 12, s. 145

Marginal note:Amount of allowance

 Subject to subsection 60(3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.

Marginal note:When allowance payable

 The clothing allowance under subsections 60(1) to (5) begins to be payable on the later of

  • (a) the day on which the application for the allowance was made, and

  • (b) the day that is one year prior to the day on which the payment of the allowance is approved.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, pain and suffering compensation or a death benefit;

  • (b) respecting the determination, for the purpose of section 56.3, of an amount by which pain and suffering compensation may be reduced; and

  • (c) respecting what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment.

  • 2005, c. 21, s. 63
  • 2015, c. 36, s. 216
  • 2018, c. 12, s. 146

Detention Benefit

Marginal note:Eligibility

  •  (1) Subject to subsection (5), the Minister may, on application, pay a detention benefit to a member or a veteran, who, while serving with the Canadian Forces, was detained by a power, for the period spent in detention.

  • Definition of power

    (2) In this section, power means

    • (a) an enemy or an opposing force of Canada;

    • (b) a person or a group that has as one of its purposes or activities the facilitating or carrying out of a terrorist activity; and

    • (c) any prescribed entity.

  • Marginal note:Period evading capture or escaping

    (3) For the purposes of subsection (1), the period spent in detention includes the period during which the member or veteran was engaged in evading capture by, or in escaping from, any power.

  • Marginal note:Amount of benefit

    (4) The Governor in Council may make regulations prescribing the amount of the detention benefit.

  • Marginal note:Restriction

    (5) No detention benefit is payable under this section in respect of a period spent in detention if the period began before the coming into force of this section.

Marginal note:Death of member or veteran — no application made

  •  (1) If a member or a veteran who would have been entitled to a detention benefit under section 64 dies before they have applied for the benefit, the Minister may, on application, pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

  • Marginal note:Death of member or veteran — application pending

    (2) If a member or a veteran who has made an application for a detention benefit under section 64 dies before the Minister has made a decision in respect of the application, the Minister may pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

  • Marginal note:Rights of estate or succession

    (3) The testamentary estate or testamentary succession has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived.

PART 3.1Caregiver Recognition Benefit

Marginal note:Eligibility

  •  (1) The Minister may, on application by a veteran, pay a caregiver recognition benefit to a person designated by the veteran if

    • (a) the veteran has had an application for a disability award or pain and suffering compensation approved;

    • (b) as a result of the disability for which the application for a disability award or pain and suffering compensation was approved, the veteran requires ongoing care;

    • (b.1) the veteran has not been awarded a pension or compensation as those terms are defined in subsection 3(1) of the Pension Act;

    • (c) the designated person is 18 years of age or older and plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home for which the person receives no remuneration; and

    • (d) the veteran meets the prescribed eligibility requirements.

  • Marginal note:Criteria to be considered

    (2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

  • Marginal note:Factors to be considered

    (3) In deciding whether a designated person plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home, the Minister shall consider only prescribed factors.

  • (4) [Repealed, 2017, c. 20, s. 279]

  • 2015, c. 36, s. 217
  • 2017, c. 20, s. 279
  • 2018, c. 12, s. 147
 
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