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

Regulations are current to 2022-11-16 and last amended on 2019-04-01. Previous Versions

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

Rehabilitation Services and Vocational Assistance (continued)

 [Repealed, SOR/2017-42, s. 1]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.

  •  (1) For the purposes of section 17 of the Act, the Minister may cancel a person’s rehabilitation plan or vocational assistance plan if

    • (a) the person does not participate to the extent required to meet the goals of the plan;

    • (b) the person’s eligibility for the plan or the development of the plan was based on a misrepresentation or the concealment of a material fact; or

    • (c) the person, at least 6 months after the effective date of a suspension, continues to fail to comply with a request made under subsection 12(1).

  • (2) On cancelling a rehabilitation plan or vocational assistance plan, the Minister shall provide the person with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

  • SOR/2009-225, s. 5(F)
  •  (1) The Minister may pay the following expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan:

    • (a) in the case of training,

      • (i) those required by the training institution including tuition fees, books, computers and peripheral equipment, software, safety equipment, special clothing and tools,

      • (ii) examination and licensing fees,

      • (iii) Internet access,

      • (iv) school supplies,

      • (v) tutoring,

      • (vi) transportation to and from the training facility

        • (A) when a private vehicle is used, at a rate equal to the greater of 15 cents/km and the applicable lower kilometric rate set out in Appendix A of the Commuting Assistance Directive published by the National Joint Council of the Public Service of Canada as amended from time to time, and

        • (B) when public transport is used, the cost of that transport,

      • (vii) the cost of a pass or permit for parking at or near the training facility for the duration of the training,

      • (viii) if the approved training is not available at a training facility located within a distance that would allow for daily commuting from the person’s residence, the costs of temporary accommodations and the cost of one return trip per year from the person’s residence to the location of the training facility for the purpose of establishing the temporary accommodations,

      • (ix) any other expenses that are required to enable the person to meet an occupational goal in the approved rehabilitation or vocational assistance plan, and

      • (x) 50% of the cost of additional dependant care, to a maximum amount of $750 per month; and

    • (b) in the case of services, other than training,

      • (i) the costs of meals, transportation and accommodations incurred by the person in accordance with the rates set out in the Treasury Board Travel Directive, as amended from time to time, subject to the following conditions:

        • (A) if the means of transportation is a taxi, $5.00 shall be deducted from the cost of each trip unless the person’s mobility or cognition is severely impaired or the deduction would severely impede the person’s ability to access the services, or

        • (B) if the means of transportation is an automobile other than a taxi, the costs of transportation shall be paid at the rate applicable to employees of the public service of Canada who have requested the use of their own automobile plus 2 cents per kilometre and shall include the costs of parking,

      • (ii) if the person’s health needs in respect of the rehabilitation plan require the person to be accompanied by an escort while travelling, the costs of the escort’s meals, transportation and accommodations in accordance with subparagraph (i),

      • (iii) the remuneration of an escort referred to in subparagraph (ii) if the escort is not the spouse, the common-law partner or a dependant of the person or any other member of that person’s household, at a daily rate computed by dividing by 30 the sum of basic and additional pension payable for a spouse or common-law partner at the rate set out in class 1 of Schedule I to the Pension Act, as adjusted in accordance with Part V of that Act, and

      • (iv) the costs of additional dependant care, to a maximum of $75 per day.

  • (2) If a person receives rehabilitation services or vocational assistance in a country other than Canada, the costs referred to in paragraph (1)(b) are payable at the same rates and subject to the same conditions that are established for former members of the armed forces of that country for similar costs, or, if no such rates or conditions are established, at the rates and conditions that would be payable if the person were resident in Canada.

  • (3) The maximum amount that may be paid under subparagraphs (1)(a)(i) to (ix) is $75,800 unless a higher amount is necessary to enable the person to meet an occupational goal in an approved rehabilitation or vocational assistance plan.

  • (4) The Minister may pay more than the percentage and maximum amount set out in subparagraph (1)(a)(x)

    • (a) if there are more than three dependants requiring care;

    • (b) if necessary as a result of the availability or location of care; or

    • (c) if necessary to enable the person to meet an occupational goal in an approved rehabilitation or vocational assistance plan.

  • SOR/2009-225, s. 6(E)
  • SOR/2013-157, s. 1

 A claim for reimbursement must be made in writing within one year after the day on which the expenditure is incurred and must include proof of the expenditure.

Income Replacement Benefit

  •  (1) An application for an income replacement benefit shall be in writing and shall include

    • (a) in the case of an application made under subsection 18(1) of the Act,

      • (i) information that is necessary to determine the veteran’s imputed income and all amounts payable from prescribed sources under subsection 19(1) of the Act,

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

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

      • (iv) 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 an application made under subsection 22(1) of the Act,

      • (i) information that is necessary to determine the imputed income in respect of the member or veteran referred to in subsection 23(3) of the Act and all amounts payable from prescribed sources in respect of the member or veteran,

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

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

    • (c) in the case of an application made under subsection 24(1) or 26(1) of the Act, a copy of the member’s or veteran’s death certificate; and

    • (d) in all cases,

      • (i) a declaration attesting to the truth of the information provided, and

      • (ii) at the Minister’s request, any other information or documents that are necessary to enable the Minister to assess the applicant’s eligibility for the benefit or to determine the amount payable.

  • (2) For the purposes of paragraph 18(3)(a) of the Act, the information and documents referred to in subparagraphs (1)(a)(ii) to (iv) are the prescribed information.

  •  (1) For the purposes of subsection 18(5) of the Act, the Minister shall, in determining whether the veteran has a diminished earning capacity that is due to a physical or mental health problem, require that the veteran undergo a vocational assessment and shall use the results of that assessment in making the determination.

  • (2) Despite subsection (1), the Minister may, in lieu of requiring that the veteran undergo the vocational assessment, make the determination based on medical reports or other records, information or documents available to the Minister, if he or she is of the opinion that those reports or records, information or documents are sufficient to make the determination.

 For the purposes of sections 18 and 20, minimum amount means the minimum amount of imputed income of, or in respect of, a member or veteran that is set out in section 18.02.

 Subject to section 21, the minimum amount referred to in sections 18 and 20 is $4,500 per month.

  •  (1) For the purposes of subsection 19(1) of the Act, the imputed income of a veteran referred to in subsection 18(1) of the Act is equal to

    • (a) in the case of a veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

    • (b) in the case of a veteran whose final release was from the reserve force, if the event that resulted in the physical or mental health problem occurred

      • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

      • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

      • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

  • (2) The value of the monthly military salary and of the minimum amount referred to in subsection (1) are determined on the date on which the benefit is payable and in each subsequent year, taking into account the adjustments referred to in subsections 21(1) and 21.1(1).

  • (3) For the purposes of subsection 115(2) of the Act, the imputed income that is taken into account in the determination of the benefit referred to in that subsection is equal to

    • (a) in the case of a veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

    • (b) in the case of a veteran whose final release was from the reserve force, if the event that resulted in the physical or mental health problem occurred

      • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

      • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

      • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

  • (4) The value of the monthly military salary and of the minimum amount referred to in subsection (3) are determined on March 31, 2019, taking into account the adjustments referred to in subsection 21(1).

 [Repealed, SOR/2018-177, s. 7]

  •  (1) For the purposes of subsection 23(1) of the Act, the imputed income of a member referred to in subsection 22(1) of the Act is equal to

    • (a) in the case of a member who dies during regular force service, the greater of the value of the member’s monthly military salary at the time of death and the value of the minimum amount; and

    • (b) in the case of a member who dies during reserve force service, if the injury or disease that resulted in the death was incurred, contracted or aggravated, as the case may be,

      • (i) during regular force service, the greater of the value of the member’s monthly military salary at the time of release from that service and the value of the minimum amount,

      • (ii) at any time during Class C Reserve Service, the greater of the value of the member’s monthly military salary — on the earlier of the date of completion of the Class C Reserve Service and the date of the member’s death — and the value of the minimum amount, and

      • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the member’s monthly military salary — on the earlier of the date of completion of the Class A Reserve Service or Class B Reserve Service and the date of the member’s death — and the value of the minimum amount.

  • (2) The value of the monthly military salary and of the minimum amount referred to in subsection (1) are determined on the date on which the benefit is payable and in each subsequent year, taking into account the adjustments referred to in subsections 21(1) and 21.1(1).

  • (3) For the purposes of subsection 23(1) of the Act, the imputed income of a veteran referred to in subsection 22(1) of the Act is equal to

    • (a) in the case of a deceased veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

    • (b) in the case of a deceased veteran whose final release was from the reserve force, if the injury or disease that resulted in the death was incurred, contracted or aggravated, as the case may be,

      • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

      • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

      • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

  • (4) The value of the monthly military salary and of the minimum amount referred to in subsection (3) are determined on the date on which the benefit is payable and in each subsequent year, taking into account the adjustments referred to in subsections 21(1) and 21.1(1).

  • (5) For the purposes of subsection 118(2) of the Act, the imputed income that is taken into account in the determination of the benefit referred to in that subsection is equal to

    • (a) in the case of a deceased veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

    • (b) in the case of a deceased veteran whose final release was from the reserve force, if the event that resulted in the physical or mental health problem occurred

      • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

      • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

      • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

  • (6) The value of the monthly military salary and of the minimum amount referred to in subsection (5) are determined on March 31, 2019, taking into account the adjustment referred to in subsection 21(1).

  • SOR/2009-225, s. 7
  • SOR/2011-219, s. 6
  • SOR/2015-69, s. 5
  • SOR/2016-240, s. 3
  • SOR/2018-177, s. 8
 
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