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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 5Transitional Provisions (continued)

Transitional Provisions Relating to Income Replacement Benefit (continued)

Earnings Loss Benefit (continued)

Marginal note:Review — diminished earning capacity

 If, on a given day before April 1, 2019, the Minister made a determination that a veteran did not have a diminished earning capacity that was due to a physical or a mental health problem in respect of which the veteran was entitled to an earnings loss benefit under section 18 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, that the veteran has a diminished earning capacity that is due to that problem, then the following rules apply in respect of the veteran:

  • (a) the Minister is deemed to have made that final determination on that given day;

  • (b) if, before April 1, 2019, the veteran was no longer entitled to the earnings loss benefit in respect of that problem, then

    • (i) the veteran is deemed, on the day on which the veteran was no longer entitled to the benefit, to be entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act,

    • (ii) the Minister shall pay to the veteran, under section 18 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day referred to in subparagraph (i) and ending on the earlier of March 31, 2019 and the day on which the veteran attains the age of 65 years, and

    • (iii) if the veteran attained the age of 65 years in the period beginning on the day referred to in subparagraph (i) and ending on March 30, 2019, the veteran is deemed to have made an application for a retirement income security benefit under subsection 40.1(1) of the former Act on the day on which they attained the age of 65 years; and

  • (c) if a career impact allowance was payable to the veteran under subsection 38(1) of the former Act on March 31, 2019 and the Minister, before April 1, 2019, made a determination to deny the veteran’s application for an increase to the career impact allowance made under subsection 38(3) of this Act as it read at any time before that date and if the Minister’s determination is not the subject of a review under section 83 on March 31, 2019 and the veteran did not, before April 1, 2019, make a new application for an increase to the career impact allowance under that subsection 38(3), then the veteran is deemed to have made an application for an increase to the career impact allowance under subsection 38(3) of the former Act on March 31, 2019.

  • 2005, c. 21, s. 103
  • 2018, c. 12, s. 157

Marginal note:Members — determination deemed not to have been made

 If, before April 1, 2019, the Minister made a determination in respect of an application for an earnings loss benefit made by a member under subsection 18(1) of the former Act and the member was not released from the Canadian Forces before March 31, 2019, then the application and the determination are deemed not to have been made.

  • 2005, c. 21, s. 104
  • 2018, c. 12, s. 157

Marginal note:Members — pending applications

 If, before April 1, 2019, a member made an application for an earnings loss benefit under subsection 18(1) of the former Act 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.

  • 2005, c. 21, s. 105
  • 2018, c. 12, s. 157
Survivors and Orphans

Marginal note:Survivors’ and orphans’ deemed entitlement to income replacement benefit

  •  (1) A survivor or an orphan to whom an earnings loss benefit was payable on March 31, 2019 under section 22 of the former Act is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 22 of the new Act and the following rules apply in respect of the survivor or orphan:

    • (a) despite subsection 22(2) of the new Act, the income replacement benefit begins to be payable to the survivor or orphan on April 1, 2019; and

    • (b) the monthly amount of the income replacement benefit that is payable to the survivor or orphan under section 22 of the new Act is determined under section 23 of that Act, subject to subsections (2) to (7).

  • Marginal note:Survivors — protected amount for month referred to in paragraph 23(1)(a)

    (2) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)(a) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount of the earnings loss benefit that was payable to the survivor under section 22 of the former Act for the month of March 2019 and that was determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — then the former amount is to be replaced by the latter amount.

  • Marginal note:Survivors — protected amount for month referred to in paragraph 23(1)(b)

    (3) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)(b) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount determined by the following formula, then the former amount is to be replaced by the latter amount:

    A × B

    where

    A
    is 70%; and
    B
    is 70% of the amount of the earnings loss benefit that was payable to the survivor under section 22 of the former Act for the month of March 2019 and that was determined under section 23 of that Act, not taking into account any reduction under subsection 23(3) of that Act.
  • Marginal note:Non-application of subsections (2) and (3)

    (4) Subsections (2) and (3) cease to apply to a survivor on the first day of the month after the month in which the facts that were used to determine the percentage of the income replacement benefit payable to them in accordance with subsection 23(2) of the new Act are different from those used to determine the percentage of the earnings loss benefit that was payable to them in accordance with subsection 23(2) of the former Act for the month of March 2019.

  • Marginal note:Protected amount — orphans

    (5) If the amount of the income replacement benefit that is payable to an orphan under section 22 of the new Act for a month referred to in paragraph 23(1)(a) of that Act and that is determined under section 23 of that Act is less than the amount of the earnings loss benefit that was payable to the orphan under section 22 of the former Act for the month of March 2019 and that was determined under section 23 of that Act, then the former amount is to be replaced by the latter amount.

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

    (6) Subsection (5) ceases to apply to an orphan on the first day of the month after the month in which the facts that were used to determine the percentage of the income replacement benefit payable to them in accordance with subsection 23(2) of the new Act are different from those used to determine the percentage of the earnings loss benefit that was payable to them in accordance with subsection 23(2) of the former Act for the month of March 2019.

  • Marginal note:Indexation

    (7) For the purposes of subsections (2) and (5), the amount of the earnings loss benefit referred to in those subsections, and for the purposes of subsection (3), the amount determined by the formula set out in that subsection, is to be indexed until the time the income replacement benefit is payable.

  • 2005, c. 21, s. 106
  • 2018, c. 12, s. 157

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.

  • 2005, c. 21, s. 107
  • 2018, c. 12, s. 157

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.

  • 2005, c. 21, s. 108
  • 2018, c. 12, s. 157
 
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