War Veterans Allowance Act

Marginal note:Veterans, survivors and orphans

• 4 (1) Subject to this Act, an allowance is payable to

  • (a) any male person who is a veteran or a survivor of a veteran and who has attained the age of sixty years,

  • (b) any female person who is a veteran or a survivor of a veteran and who has attained the age of fifty-five years,

  • (c) any veteran, or survivor of a veteran, who, in the opinion of the Minister,

    • (i) is permanently unemployable because of physical or mental disability,

    • (ii) is, because of physical or mental disability or insufficiency combined with economic handicaps, incapable and unlikely to become capable of maintaining himself or herself, or

    • (iii) is, because of the need to provide care for a dependent child residing at home, incapable of maintaining himself or herself, and

  • (d) an orphan,

  and who is resident in Canada.

• Marginal note:Exception

  (2) Section 3 does not apply to subsection (1).

• Marginal note:Amount of allowance

  (3) The monthly allowance payable under this section to a veteran, survivor or orphan in a current payment period shall be computed as follows:

  • (a) determine the applicable monthly income factor specified for the veteran, survivor or orphan in column II of the schedule;

  • (b) determine the applicable monthly allowance ceiling for the veteran, survivor or orphan by subtracting from the applicable monthly income factor determined under paragraph (a) one-twelfth of the income for the base calendar year of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be; and

  • (c) determine the monthly allowance payable to the veteran, survivor or orphan by subtracting from the applicable monthly allowance ceiling determined under paragraph (b) the current monthly benefits, if any,

    • (i) payable under the Old Age Security Act or, if no such benefits are payable, such benefits as are deemed to be payable pursuant to regulations made under paragraph 25(p), to or in respect of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be, or

    • (ii) payable under the Pension Act, section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served, but not including any monthly benefit payable

      • (A) under section 38 of the Pension Act or under similar or equivalent laws of the country in whose forces the veteran served, or

      • (B) as an additional allowance under the Pension Act in respect of any child or parent of a veteran or under similar or equivalent laws of the country in whose forces the veteran served,

      to or in respect of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be.

• Marginal note:Payment where recipient absent from Canada

  (4) Notwithstanding subsection (1), the allowance payable under this section to a veteran, survivor or orphan may be paid to that veteran, survivor or orphan who absents himself or herself from Canada after July 31, 1960 if, on the day that he or she leaves Canada, he or she

  • (a) is a recipient of an allowance under this section or section 5; and

  • (b) had been resident in Canada for the twelve months immediately preceding that day.

• Marginal note:Payment to survivors and orphans resident outside Canada

  (5) Notwithstanding anything in this section, the allowance payable under this section to a survivor or orphan may be paid to

  • (a) the survivor of a recipient if that survivor resides outside Canada and was living with, maintaining or being maintained by that recipient at the time of the recipient’s death; and

  • (b) an orphan of a recipient if that orphan resides outside Canada and if that recipient, at the time of death,

    • (i) was receiving an additional allowance in respect of the child, or

    • (ii) would have been eligible to receive an additional allowance in respect of the child but for the level of the recipient’s income.

• Marginal note:Veteran couples

  (6) Where spouses residing together, or common-law partners, are both veterans, each may be paid the allowance that would be payable under this section if each veteran were a veteran without a spouse or common-law partner.

• Marginal note:Veteran couples

  (6.1) Where one of the veterans referred to in subsection (6) is not entitled to any allowance under that subsection, each may be paid the allowance that would be payable under this section if each veteran

  • (a) were a veteran without a spouse or common-law partner; and

  • (b) had one half of the aggregate of the income and benefits of both veterans.

• Marginal note:Dependent child allowance exception

  (7) Notwithstanding subsection (6), either veteran referred to in that subsection is entitled to an allowance in respect of a dependent child of either or both of the veterans.

• Marginal note:If couple not residing together

  (8) If the Minister is satisfied that an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together as a result of one or both of them having to reside in a treatment or care facility or as a result of any other circumstances that are prescribed by regulations made under section 25, the Minister may direct that the applicant and spouse or common-law partner, or the recipient and spouse or common-law partner, as the case may be, be treated in the same manner as if they were persons referred to in subsection (6) and each person had one half of the aggregate of the income and benefits of both persons, and in that case, if the Minister deems it appropriate, the Minister shall apportion the allowances payable to them having regard to the circumstances of each of them and any dependent children involved.