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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 2Rehabilitation Services, Vocational Assistance and Financial Benefits (continued)

Income Replacement Benefit (continued)

Veterans (continued)

Marginal note:Amount of benefit — veteran under age 65

  •  (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who is under the age of 65 years — or to a veteran who has attained the age of 65 years, for the month in which the veteran attained that age — shall be determined by the formula

    A - B

    where

    A
    is 90% of the veteran’s imputed income for a month; and
    B
    is an amount that is payable to the veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of 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 veterans and for the periodic adjustment of that minimum amount; and

    • (c) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month.

    • (d) [Repealed, 2018, c. 12, s. 132]

  • Marginal note:Career progression factor

    (3) If regulations made under paragraph (2)(a) provide for the periodic adjustment of a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment may only be applied if the Minister determines under subsection 18(5) that the veteran has a diminished earning capacity, and it shall not be applied after the earlier of

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

    • (b) the day before the day on which the veteran attains the age of 60 years.

  • 2005, c. 21, s. 19
  • 2016, c. 7, s. 82
  • 2018, c. 12, s. 132

Marginal note:Amount of benefit — veteran 65 years or older

  •  (1) Subject to the regulations and section 19, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who has attained the age of 65 years shall be determined by the formula

    A – B

    where

    A
    is 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they attain the age of 65 years had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; and
    B
    is an amount that is payable to the veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) providing for the periodic adjustment of the amount determined for A in subsection (1); and

    • (b) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month.

  • 2018, c. 12, s. 133

Marginal note:Examination or assessment

  •  (1) The Minister may, for the purpose of determining whether a veteran continues to be entitled to an income replacement benefit under section 18, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

  • Marginal note:Non-compliance

    (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may suspend the payment of the income replacement benefit. If the veteran continues to fail to undergo the medical examination or the assessment for a period of 30 days after the day on which payment of the benefit is suspended, the Minister may cancel the benefit.

  • 2005, c. 21, s. 20
  • 2016, c. 7, s. 83
  • 2018, c. 12, s. 133

Marginal note:Suspension or cancellation

 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.

  • 2005, c. 21, s. 21
  • 2018, c. 12, s. 133

Survivors and Orphans

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

  •  (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.

  • 2005, c. 21, s. 22
  • 2018, c. 12, s. 133

Marginal note:Amount of benefit

  •  (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.

  • 2005, c. 21, s. 23
  • 2016, c. 7, s. 84
  • 2018, c. 12, s. 134
 
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