Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

• 145 (1) Subsections 60(1) and (2) of the Act are replaced by the following:

  Marginal note:Allowance — amputation

  • 60 (1) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of their amputation that causes wear and tear of clothing.

  • Marginal note:Allowance — amputation

    (2) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of the arm at or above the wrist a clothing allowance in respect of their amputation that causes wear and tear of clothing.

• (2) Subsection 60(3) of the English version of the Act is replaced by the following:

  • Marginal note:Allowance — two amputations

    (3) If a member or a veteran has received a disability award or pain and suffering compensation on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

• (3) Subsections 60(4) and (5) of the Act are replaced by the following:

  • Marginal note:Allowance — other disabilities

    (4) If a member or a veteran has received a disability award or pain and suffering compensation for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

  • Marginal note:Specially made apparel

    (5) If a member or a veteran has received a disability award or pain and suffering compensation for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

146 Section 63 of the Act is replaced by the following:

• 147 (1) Paragraph 65.1(1)(a) of the Act is replaced by the following:

  • (a) the veteran has had an application for a disability award or pain and suffering compensation approved;

• (2) Paragraph 65.1(1)(b) of the English version of the Act is replaced by the following:

  • (b) as a result of the disability for which the application for a disability award or pain and suffering compensation was approved, the veteran requires ongoing care;

148 Subsection 74(1) of the English version of the Act is replaced by the following:

149 The portion of section 82 of the Act before paragraph (a) is replaced by the following:

• 150 (1) The portion of subsection 88(4) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Erroneous payments

    (4) Despite anything in this Act, the Minister may continue the payment of an education and training benefit, an income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation, a clothing allowance or a caregiver recognition benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

• (2) Paragraphs 88(4)(c) and (d) of the English version of the Act are replaced by the following:

  • (c) the cancellation or reduction of the benefit, allowance, pain and suffering compensation or additional pain and suffering compensation would, in the opinion of the Minister, cause undue hardship to the person; and

  • (d) the benefit, allowance, pain and suffering compensation or additional pain and suffering compensation has been paid to the person for five years or more or, in the case of an education and training benefit, for three years or more.

• (3) Subsection 88(4) of the French version of the Act is replaced by the following:

  • Marginal note:Indemnisation erronée

    (4) Malgré les autres dispositions de la présente loi, le ministre peut continuer de verser à la personne, bien que celle-ci n’y ait pas droit, tout ou partie de l’allocation pour études et formation, de la prestation de remplacement du revenu, de l’allocation de soutien du revenu, de l’indemnité pour douleur et souffrance, de l’indemnité supplémentaire pour douleur et souffrance, de l’allocation vestimentaire ou de l’allocation de reconnaissance pour aidant dont le montant résulte d’une erreur, d’un retard ou d’un oubli de la part d’un cadre ou fonctionnaire de l’administration publique fédérale et a fait l’objet d’une remise au motif prévu à l’alinéa (3)d), s’il estime que le versement, fait depuis au moins cinq ans, ou depuis au moins trois ans dans le cas de l’allocation pour études et formation, ne résulte pas d’une déclaration trompeuse ou de la dissimulation de faits importants de la part de cette personne et que son annulation ou sa réduction lui causerait un préjudice abusif.

151 Section 90 of the Act is replaced by the following:

• 152 (1) Section 94 of the Act is amended by adding the following after paragraph (a):

  • (a.1) respecting what constitutes a barrier to re-establishment in civilian life;

• (2) Paragraph 94(c) of the Act is replaced by the following:

  • (c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 4;

• (3) Paragraph 94(e) of the Act is replaced by the following:

  • (e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, an education and training benefit, an education and training completion bonus, rehabilitation services, vocational assistance, an income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, bonus, allowance, pain and suffering compensation or additional pain and suffering compensation until the information, declaration or document is provided;

• (4) Paragraphs 94(i.1) and (i.2) of the Act are repealed.

153 Section 94.1 of the Act is replaced by the following:

154 The heading of Part 5 of the Act is replaced by the following: