Veterans Well-being Act

Marginal note:Election as to payment of award

• 52.1 (1) Subject to subsections (4) and (7), a member or a veteran to whom a disability award is to be paid under section 45, 47 or 48 may elect, within the prescribed time and in the prescribed manner,

  • (a) to be paid the amount of the disability award as a lump sum;

  • (b) to be paid each year, in lieu of the amount of the disability award, for up to the number of years indicated by the member or veteran, an amount equal to the amount determined by the formula

    A/B + C

    where

    A

    is the amount of the disability award,

    B

    is the number of years indicated by the member or veteran, and

    C

    is the amount of interest for that year determined in accordance with the regulations; or

  • (c) to be paid the portion, indicated by the member or veteran, of the amount of the disability award as a lump sum and to be paid each year, in lieu of the remainder of the amount of the disability award, for up to the number of years indicated by the member or veteran, an amount equal to the amount determined by the formula set out in paragraph (b) read as though the description of A were the amount of the disability award less the portion that the member or veteran elected to be paid as a lump sum.

• Marginal note:Notification

  (2) The Minister shall, in the prescribed manner, inform the member or veteran of their right to make an election under subsection (1).

• Marginal note:Failure to make election

  (3) If the member or veteran fails to make the election, the amount of the disability award is to be paid as a lump sum.

• Marginal note:Lump sum if disability is less than five per cent

  (4) If the extent of disability for which the disability award is to be paid is less than five per cent of total disability, the amount of the disability award is to be paid as a lump sum.

• Marginal note:Election in respect of remaining payments

  (5) A member or a veteran who has elected to be paid in annual payments and who has received at least one payment may elect, in the prescribed manner, to be paid a lump sum, determined in accordance with the regulations, in lieu of the annual payments remaining to be paid.

• Marginal note:Deemed election

  (6) A member or a veteran who dies after having elected to be paid in annual payments is deemed to have elected, on the day before their death, to be paid a lump sum, determined in accordance with the regulations, in lieu of the annual payments remaining to be paid.

• Marginal note:Member or veteran currently receiving annual payments

  (7) If a member or a veteran to whom a disability award (in this subsection referred to as the “new disability award”) is to be paid under section 45, 47 or 48 is currently being paid annual payments in respect of another disability award and they make an election referred to in paragraph (1)(b) or (c) in respect of the new award,

  • (a) for the purpose of determining the amount of the annual payments in respect of the new disability award,

    • (i) in the case of an election referred to in paragraph (1)(b), the description of A in that paragraph, is, despite that paragraph, the sum of the amount of the new disability award and the amount of the lump sum that the member or veteran would have received had they made an election under subsection (5) in respect of the other disability award, and

    • (ii) in the case of an election referred to in paragraph (1)(c), the description of A in paragraph (1)(b), despite paragraph (1)(c), is the sum of the amount of the new disability award and the amount of the lump sum that the member or veteran would have received had they made an election under subsection (5) in respect of the other disability award less the portion of the new disability award to be paid to the member or veteran as a lump sum; and

  • (b) no additional payments are to be made in respect of the other disability award.

• Marginal note:Amounts deemed to be compensation payable under this Act

  (8) The amounts determined by the application of paragraphs (1)(b) and (c) and the lump sum referred to in subsection (5) or (6) are deemed to be compensation payable under this Act.