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

Regulations are current to 2023-01-25 and last amended on 2019-04-01. Previous Versions

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

Income Replacement Benefit (continued)

  •  (1) The monthly military salary and the minimum amount referred to in sections 18 and 20 shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year.

  • (2) The adjustments referred to in subsection (1) shall be made

    • (a) in the case of the monthly military salary, beginning at the time of release or on the date of completion of service or death of the member or veteran, as the case may be; and

    • (b) in the case of the minimum amount, beginning on April 1, 2019.

  • (3) The amount determined for A in subsection 19.1(1) of the Act shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year, unless that amount has been replaced under subsection 99(4) or 115(3) of the Act.

  • (4) The income replacement benefit determined in accordance with subsection 26.1(1) of the Act shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year, unless that amount has been replaced under subsection 118(3) of the Act.

  • (5) The Consumer Price Index is the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.

  • (6) For greater certainty, if the adjustments referred to in this section apply in respect of a period during a calendar year, that period is considered to be the calendar year for the purpose of that adjustment.

  •  (1) The monthly military salary of a veteran referred to in subsection 18(7) of the Act and a member or veteran referred to in subsection 22(1) of the Act shall be adjusted annually on January 1, beginning at the time of release or on the date of completion or death of the member or veteran, as the case may be, in accordance with the formula

    A + (A × B)

    where

    A
    is the value of the monthly military salary on the date on which it is adjusted; and
    B
    is a career progression factor that is equal to 1%.
  • (2) The adjustments made to the monthly military salary under subsections 21(1) and 21.1(1) shall be made independently of one another.

  • (3) For greater certainty, if the adjustment referred to in subsection (1) applies in respect of a period during a calendar year, that period is considered to be the calendar year for the purpose of that adjustment.

  • (4) The adjustment referred to in subsection (1) shall not take effect, in respect of the amount of the income replacement benefit to be paid to a veteran, until the first day of the month in which the Minister determines under subsection 18(5) of the Act that the veteran has a diminished earning capacity that is due to a physical or mental health problem.

  •  (1) For the purposes of paragraphs 19(3)(a) and 23(5)(a) of the Act, the prescribed number of years of service in the Canadian Forces is not more than 20 years and includes the number of years served by the veteran from the date of enrolment to the date of final release, without regard to periods of interrupted service, as well as any subsequent year after their final release.

  • (2) For the purpose of calculating years of service, one year is equal to 365.24 days, consecutive or not.

  •  (1) The following sources are prescribed for the purpose of the determination of B in subsection 19(1) of the Act:

  • (2) Any amounts payable to a veteran for a dependent child or in respect of the veteran’s deceased spouse or common-law partner are not to be included under subsection (1).

  • (3) An amount set out in subsection (1) that is paid to a veteran, other than on a monthly basis, before April 1, 2019 shall cease to be an amount from a prescribed source on the first day of the month after the month in which the veteran attains the age of 65 years.

 For the purposes of paragraph 22(1)(g), the following are taken into account in determining the annual employment income of a veteran referred to in subsection 19(1) of the Act:

  • (a) in the first year during which the income replacement benefit begins to be payable, employment income earned during the period beginning on the first day of the month in which the benefit begins to be payable to the veteran and ending on December 31 of that year; and

  • (b) in subsequent years, employment income earned in each calendar year.

  •  (1) The following sources are prescribed for the purposes of subsection 23(3) of the Act in respect of a member or veteran referred to in paragraph 23(1)(a) of the Act:

  • (2) The following sources are prescribed for the purposes of subsection 23(3) of the Act in respect of a member or veteran referred to in paragraph 23(1)(b) of the Act:

  • (3) Any amounts payable to a survivor for a dependent child are not to be included under subsections (1) and (2).

  • (4) An amount set out in subsection (1) that is paid to a survivor, other than on a monthly basis, before April 1, 2019 shall cease to be an amount from a prescribed source on the first day of the month after the month in which the member or veteran, if alive, would have attained the age of 65 years.

  •  (1) If, during a calendar year, an amount from a prescribed source referred to in subsection 22(1) or 23(1) or (2) is paid other than on a monthly basis, it shall be converted into an amount payable for a month by dividing the total amount paid from that source by 12 and

    • (a) if it relates to the calendar year in which it is paid, shall be considered for the purpose of that calendar year;

    • (b) if it relates to a previous calendar year, shall be considered for the purpose of that previous calendar year; and

    • (c) if it relates to a subsequent calendar year, shall be considered for the purpose of the calendar year in which it is paid.

  • (2) If an amount from a prescribed source is paid to a veteran referred to in section 99 of the Act or to a survivor referred to in section 106 of the Act, other than on a monthly basis, before April 1, 2019, it shall be converted into a monthly payment in accordance with generally accepted actuarial principles.

 For the purposes of paragraph 24.1(1)(h), the following are taken into account in determining the annual employment income of a veteran referred to in subsection 19.1(1) of the Act:

  • (a) in the first year during which the income replacement benefit begins to be payable, employment income earned during the period beginning on the first day of the month in which the benefit begins to be payable to the veteran and ending on December 31 of that year; and

  • (b) in subsequent years, employment income earned in each calendar year.

 If, during a calendar year, an amount from a prescribed source referred to in subsection 24.1(1) or 24.3(1) is paid other than on a monthly basis, it shall be converted into an amount payable for a month by dividing the total amount paid from that source by 12 and

  • (a) if it relates to the calendar year in which it is paid, shall be considered for the purpose of that calendar year;

  • (b) if it relates to a previous calendar year, shall be considered for the purpose of that previous calendar year; and

  • (c) if it relates to a subsequent calendar year, shall be considered for the purpose of the calendar year in which it is paid.

  •  (1) A person referred to in subsection 19(1) or paragraph 23(1)(a) of the Act who is entitled to an income replacement benefit shall

    • (a) in the case of a veteran, notify the Minister of their employment income and provide the Minister with an annual statement of their employment income;

    • (b) notify the Minister of any change to amounts payable from sources referred to in subsection 22(1) or 23(1);

    • (c) provide the Minister with annual statements of amounts payable from sources referred to in subsection 22(1) or 23(1); and

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

  • (2) A person referred to in subsection 19.1(1), paragraph 23(1)(b) or subsection 26.1(1) of the Act who is entitled to an income replacement benefit shall

    • (a) in the case of a veteran, notify the Minister of their employment income;

    • (b) notify the Minister of any change to amounts payable from sources referred to in subsection 23(2), 24.1(1) or 24.3(1); and

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

 
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