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

Marginal note:Suspension or cancellation

21 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 18 or cancel the benefit.

Survivors and Orphans

Marginal note:Eligibility — service-related death before age 65

• 22 (1) The Minister may, on application, pay, in accordance with section 23, an income replacement benefit to a member’s or a veteran’s survivor or orphan if the member or veteran dies before the day on which they attain the age of 65 years as the result of

  • (a) a service-related injury or disease; or

  • (b) a non-service-related injury or disease that was aggravated by service.

• Marginal note:When benefit payable

  (2) The income replacement benefit begins to be payable on the later of

  • (a) the first day of the month after the month in which the member or veteran dies, and

  • (b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be,

  • (a) to the survivor, on the first day of the month after the month in which the survivor dies; and

  • (b) to the orphan, on the earlier of

    • (i) the first day of the month after the month in which the orphan is no longer an orphan, and

    • (ii) the first day of the month after the month in which the orphan dies.

Marginal note:Amount of benefit

• 23 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 22 in respect of a member or a veteran is

  • (a) for the month in which the member or veteran, if alive, would have attained the age of 65 years and any month before that month, 90% of the member’s or veteran’s imputed income for a month; and

  • (b) for any month after the month in which the member or veteran, if alive, would have attained the age of 65 years, 70% of the amount determined by the formula

    A × B

    where

    A

    is 70%; and

    B

    is 90% of the member’s or veteran’s imputed income for a month.

• Marginal note:Division of benefit

  (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

  • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

  • (b) if there is a survivor and one or more orphans,

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

    • (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

  • (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

• Marginal note:Reduction — survivor

  (3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) respecting, for the purposes of paragraphs (1)(a) and (b), the determination of the imputed income in respect of a class of members or veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination;

  • (b) providing for a minimum amount of imputed income in respect of a class of members or veterans and for the periodic adjustment of that minimum amount;

  • (c) providing for the periodic adjustment of the amount of the income replacement benefit calculated in accordance with subsection (1); and

  • (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.

• Marginal note:Career progression factor

  (5) If regulations made under paragraph (4)(a) provide for the periodic adjustment of a member’s or a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment shall not be applied after the earlier of

  • (a) the last day of the prescribed number of years of service of the member or veteran in the Canadian Forces, and

  • (b) the day before the day the member or veteran, if alive, would have attained the age of 60 years.

Marginal note:Eligibility — non-service-related death before age 65

• 24 (1) The Minister may, on application, pay, in accordance with section 25, an income replacement benefit to a veteran’s survivor or orphan if the veteran

  • (a) dies before the day on which they attain the age of 65 years as the result of an injury or a disease other than

    • (i) a service-related injury or disease, or

    • (ii) a non-service-related injury or disease that was aggravated by service; and

  • (b) was entitled to the income replacement benefit at the time of their death.

• Marginal note:Lump sum

  (2) The benefit is to be paid as a lump sum.

Marginal note:Amount of benefit

• 25 (1) The amount of the income replacement benefit that is payable under section 24 in respect of a veteran is

  • (a) 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; or

  • (b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account.

• Marginal note:Division of benefit

  (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

  • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

  • (b) if there is a survivor and one or more orphans,

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

    • (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

  • (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

Marginal note:Eligibility — veteran’s death at age 65 years or older

• 26 (1) The Minister may, on application, pay, in accordance with section 26.1, an income replacement benefit to a veteran’s survivor or orphan if the veteran dies on or after the day on which they attain the age of 65 years and the veteran was entitled to the income replacement benefit at the time of their death.

• Marginal note:When benefit payable

  (2) The income replacement benefit begins to be payable on the later of

  • (a) the first day of the month after the month in which the veteran dies, and

  • (b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be,

  • (a) to the survivor, on the first day of the month after the month in which the survivor dies; and

  • (b) to the orphan, on the earlier of

    • (i) the first day of the month after the month in which the orphan is no longer an orphan, and

    • (ii) the first day of the month after the month in which the orphan dies.

Marginal note:Amount of benefit

• 26.1 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 26 in respect of a veteran is

  • (a) 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account; or

  • (b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account.

• Marginal note:Division of benefit

  (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

  • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

  • (b) if there is a survivor and one or more orphans,

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

    • (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

  • (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

• Marginal note:Reduction — survivor

  (3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the veteran — from prescribed sources.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the income replacement benefit calculated in accordance with subsection (1); and

  • (b) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.

Marginal note:Suspension or cancellation

26.2 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 22 or 26 or cancel the benefit.

Canadian Forces Income Support Benefit

Marginal note:Eligibility — veterans

27 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran who has been in receipt of an income replacement benefit under section 18 — or would, but for their level of income, have been in receipt of it — if

• (a) the veteran is no longer entitled to the income replacement benefit;

• (b) the veteran meets the prescribed employment-related criteria; and

• (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the veteran would result in an amount greater than zero.

Marginal note:Eligibility — survivors

28 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran’s survivor if the veteran was in receipt of that benefit at the time of their death and if

• (a) the veteran dies as the result of an injury or a disease other than an injury or a disease described in paragraph 29(a);

• (b) the survivor meets the prescribed employment-related criteria; and

• (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the survivor would result in an amount greater than zero.

Marginal note:Eligibility — survivors

29 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s survivor if

• (a) the member or veteran dies as a result of

  • (i) a service-related injury or disease, or

  • (ii) a non-service-related injury or disease that was aggravated by service; and

• (b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.

Marginal note:Eligibility — orphans

30 The Minister may, on application, pay a Canadian Forces income support benefit to a veteran’s orphan if

• (a) the veteran dies as a result of an injury or a disease other than an injury or a disease described in paragraph 31(a); and

• (b) the veteran was in receipt of that benefit at the time of their death.