Veterans Well-being Regulations (SOR/2006-50)

Regulations are current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

PART 1.1Education and Training Benefit (continued)

  •  (1) For the purposes of section 5.92 of the Act, the Minister may suspend the payment of an education and training benefit if the results obtained by the veteran for previous periods of study demonstrate that the veteran is not

    • (a) progressing in the course of study to the extent required to meet the objectives of their education and training plan; or

    • (b) maintaining satisfactory academic standing within the educational institution.

  • (2) Before suspending the payment of the benefit, the Minister shall provide the veteran with written notification of the reasons for the suspension and the effective date of the suspension.

  • SOR/2017-161, s. 3
  •  (1) For the purposes of section 5.92 of the Act, the Minister may cancel an education and training benefit if

    • (a) the veteran’s eligibility for the benefit was based on a misrepresentation or the concealment of a material fact;

    • (b) the results obtained by the veteran whose payment is suspended under subsection 5.1(1) for a previous period of study continue to demonstrate that the veteran is not

      • (i) progressing in the course of study to the extent required to meet the objectives of their education and training plan, or

      • (ii) maintaining satisfactory academic standing within the educational institution; or

    • (c) the veteran fails to comply with a request made under subsection 5.3(2) and (3) or 5.5(3) and (4) of the Act for at least six months after the day on which the request is made.

  • (2) On cancelling the education and training benefit, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

  • SOR/2017-161, s. 3

PART 2Rehabilitation Services, Vocational Assistance and Financial Benefits

Interpretation

  •  (1) The definitions in this section apply for the purpose of Part 2 of the Act.

    barrier to re-establishment in civilian life

    barrier to re-establishment in civilian life[Repealed, SOR/2018-177, s. 2]

    diminished earning capacity

    diminished earning capacity means, in relation to a veteran, that the veteran is incapacitated by a permanent physical or mental health problem that prevents them from performing any occupation that would be considered to be suitable gainful employment. (diminution de la capacité de gain)

    suitable gainful employment

    suitable gainful employment[Repealed, SOR/2016-240, s. 1]

    totally and permanently incapacitated

    totally and permanently incapacitated[Repealed, SOR/2016-240, s. 1]

  • (2) In this section, suitable gainful employment means, in relation to a veteran, employment for which the veteran is reasonably qualified by reason of education, training and experience and that provides a monthly rate of pay equal to at least 66 2/3% of the imputed income of the veteran as referred to in subsection 19(1) of the Act.

  • SOR/2009-225, s. 1(E)
  • SOR/2016-240, s. 1
  • SOR/2018-177, s. 2

Rehabilitation Services and Vocational Assistance

  •  (1) For the purpose of subsection 9(3) of the Act, subsection 9(1) of the Act does not apply to a veteran who was a member of

    • (a) the Cadet Instructors Cadre, the Canadian Rangers or the Supplementary Reserve Force unless the veteran was serving on a period of Class C Reserve Service at the time that the physical or mental health problem leading to the release manifested itself; or

    • (b) the primary reserve unless the veteran was serving on a period of Class A, B, or C Reserve Service at the time that the physical or mental health problem leading to the release manifested itself.

  • (2) For the purpose of paragraph (1)(b), a veteran who served on a period of reserve service of at least 2 consecutive days is deemed to have served 24 hours a day for the duration of the period that they were required to serve.

 For the purposes of subsection 10(4) and paragraph 13(4)(a) of the Act, the Minister shall have regard to the following principles:

  • (a) that the provision of services be focused on addressing the needs of the applicant;

  • (b) that the provision of services will involve family members to the extent required to facilitate the rehabilitation;

  • (c) that the services be provided as soon as practicable;

  • (d) that the services provided be focused on building the applicant’s education, skills, training and experience; and

  • (e) that the services provided not be focused solely on the applicant’s military occupation.

  • SOR/2009-225, s. 2(E)
  • SOR/2015-69, s. 1
  • SOR/2018-177, s. 4

 For the purposes of subsection 10(4) and paragraph 13(4)(a) of the Act, the Minister shall have regard to the following factors:

  • (a) the potential for improvement to an applicant’s physical, psychological and social functioning, employability and quality of life;

  • (b) the need for family members to be involved in the provision of services;

  • (c) the availability of local resources;

  • (d) the motivation, interest and aptitudes of the applicant;

  • (e) the cost effectiveness of the plan; and

  • (f) the duration of the plan.

  • SOR/2009-225, s. 3(F)
  • SOR/2015-69, s. 2
  • SOR/2018-177, s. 5

 An application for rehabilitation services or vocational assistance shall be in writing and shall be accompanied by

  • (a) in the case of a veteran’s application,

    • (i) medical reports or other records that document the veteran’s physical or mental health problem,

    • (ii) any information or document that indicates the nature of the veteran’s service in the Canadian Forces, and

    • (iii) any other information or document that indicates the circumstances of the veteran’s physical or mental health problem that the veteran considers to be relevant in support of the application;

  • (b) in the case of a survivor’s application,

    • (i) a copy of the member’s or veteran’s death certificate, and

    • (ii) medical reports or other records that document the member’s or veteran’s injury or disease, diagnosis and cause of death;

  • (c) a declaration attesting to the truth of the information provided; and

  • (d) at the Minister’s request, any other information or documents that are necessary to enable the Minister to assess the applicant’s eligibility.

  • SOR/2011-302, s. 2
  • SOR/2018-177, s. 6

 [Repealed, SOR/2017-42, s. 1]

  •  (1) A person who is in receipt of rehabilitation services or vocational assistance shall provide, at the request of the Minister, the following information and documents relating to the provision of the services or assistance:

    • (a) attendance reports;

    • (b) evaluations, assessments and progress reports; and

    • (c) any other information or documents that are necessary to enable the Minister to assess the person’s continued eligibility for the services or assistance.

  • (2) If a person fails to comply with a request under subsection (1), the Minister may suspend the delivery of rehabilitation services or vocational assistance until the information and documents are provided.

  • (3) Before suspending the delivery of services or assistance, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

  • SOR/2009-225, s. 4(F)
  • SOR/2011-302, s. 3(E)

 The Service Income Security Insurance Plan Long Term Disability (LTD) is prescribed for the purpose of subsection 16(1) of the Act.

 
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