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

Regulations are current to 2024-05-28 and last amended on 2024-04-01. Previous Versions

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

Income Replacement Benefit (continued)

  •  (1) For the purposes of section 21 of the Act, the Minister may suspend the payment of an income replacement benefit to a veteran who fails to do either of the following until the situation that gave rise to the suspension is resolved:

    • (a) provide the information or documents required under section 25; or

    • (b) comply with paragraph 18(2)(b) of the Act.

  • (2) For the purposes of section 26.2 of the Act, the Minister may suspend the payment of an income replacement benefit to a person who is entitled to that benefit if they fail to provide the information or documents required under section 25 until the information and documents are provided.

  • (3) Before suspending the payment of the income replacement benefit, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

  •  (1) For the purposes of sections 21 and 26.2 of the Act, the Minister may cancel the payment of an income replacement benefit if

    • (a) the situation that gave rise to the suspension of the payment of the benefit is not resolved within six months from the effective date of the suspension; or

    • (b) the assessment of the person’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

  • (2) On cancelling the payment of the income replacement benefit, 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.

 [Repealed, SOR/2018-177, s. 8]

 [Repealed, SOR/2018-177, s. 8]

 [Repealed, SOR/2018-177, s. 8]

Canadian Forces Income Support Benefit

 An application for a Canadian Forces income support benefit shall be in writing and shall be accompanied by

  • (a) a statement of income of the applicant and, if applicable, of their spouse or common-law partner;

  • (b) in the case of an application of a survivor or orphan,

    • (i) a copy of the death certificate of the member or veteran, 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 request of the Minister, any other information or documents that are necessary to enable the Minister to assess whether the applicant is eligible for the benefit or the amount of benefit payable.

  • SOR/2011-302, s. 8

 The application shall be made

  • (a) in the case of an initial application under section 27 of the Act, no later than six months after the last day of the last month in which the veteran was entitled to the income replacement benefit;

  • (b) in the case of an initial application under section 28 of the Act, no later than 6 months after the last day of the month in which the veteran dies; and

  • (c) in the case of a subsequent application under section 27 or 28 of the Act, no later than 6 months after the last day of the month in which the benefit ceases to be payable under subsection 35(6) of the Act.

 For the purposes of paragraphs 27(b), 28(b) and 35(6)(b) of the Act, the veteran or survivor, as the case may be, must demonstrate that they are looking for and will accept employment that is available in the local labour market for which they are reasonably qualified by reason of their education, training or experience.

 For the purposes of section 33 and 34 of the Act, a person’s residence in Canada is presumed not to be interrupted if the person has been absent from Canada for 183 days or less in a calendar year.

  •  (1) A person who is in receipt of a Canadian Forces income support benefit shall

    • (a) notify the Minister of changes in income, or changes to monthly benefits payable from the sources referred to in section 37;

    • (b) in the case of a veteran, notify the Minister of changes in income, or changes in monthly benefits payable to their spouse or common-law partner from the sources referred to in section 37;

    • (c) in the case of a veteran, notify the Minister of changes to their spousal or common-law partner status and number of dependent children;

    • (d) in the case of an orphan, notify the Minister when they cease to follow a course of instruction;

    • (e) notify the Minister when they intend to be absent from Canada for more than 183 days in a calendar year; and

    • (f) at the request of the Minister, provide the information or documents referred to in any of paragraphs (a) to (e) or 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 benefit payable.

  • (2) For the purposes of section 36 of the Act, the Minister may suspend the payment of a Canadian Forces income support benefit to a person who fails to comply with subsection (1) until the information and documents are provided.

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

  • SOR/2011-302, s. 9
  •  (1) For the purposes of section 36 of the Act, the Minister may cancel the payment of a Canadian Forces income support benefit to a person if

    • (a) the person, at least 6 months after the effective date of the suspension, continues to fail to comply with paragraph 34(1)(f); or

    • (b) the person’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

  • (2) On cancelling the payment, 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.

 For the purposes of section 37 of the Act, the following definitions apply.

base calendar year

base calendar year means the 12-month period starting with any month in which the Canadian Forces income support benefit is payable. (année civile de base)

income

income, in respect of a person for a base calendar year, has the same meaning as in section 2 of the Old Age Security Act except that

  • (a) it does not include the aggregate of net income from employment, self-employment or rental of property that is equal to or less than

    • (i) in the case of a veteran with no spouse or common-law partner, $2,900,

    • (ii) in the case of a veteran with a spouse or common-law partner, $4,200,

    • (iii) in the case of a survivor, $2,900, and

    • (iv) in the case of an orphan, $2,900;

  • (b) it does not include interest income that, in the case of a veteran, survivor or orphan, is equal to or less than $140;

  • (c) it does not include income replacement benefits payable under section 18, 22 or 26 of the Act;

  • (d) it does not include long-term disability benefits payable under the Service Income Security Insurance Plan Long Term Disability (LTD);

  • (e) paragraph (d) of the definition “income” in section 2 of the Old Age Security Act does not apply;

  • (f) business and capital losses shall be taken into account in the year in which they occur; and

  • (g) dividend income shall be taken into account on the basis of the actual amount of the dividend. (revenu)

 For the purposes of section 37 of the Act, the prescribed sources of current monthly benefits are

  •  (1) The amounts set out in column 2 of Schedule 1 to the Act shall be adjusted quarterly commencing on January 1 of each year in accordance with the percentage increase to the Consumer Price Index for the quarter ending on the last day of the third month prior to the month of the adjustment.

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

 If a pension or supplement, as those terms are defined in section 2 of the Old Age Security Act, is increased as a result of an amendment to that Act, the amounts set out in column 2 of items 1, 2 and 4 of Schedule 1 to the Act shall be increased in the following manner:

  • (a) the amounts set out in items 1 and 4 shall be increased by the amount of the increase for a single pensioner under the Old Age Security Act; and

  • (b) the amount set out in item 2 shall be increased by an amount equal to the difference between the increase to the amount for a couple under the Old Age Security Act and the increase to the amount for a single pensioner under the Old Age Security Act.

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

 [Repealed, SOR/2018-177, s. 12]

PART 3Death, Disability and Detention

Interpretation

 The following definitions apply in this Part.

obvious

obvious, when used with reference to a disability or disabling condition of a member or veteran at the time they became a member, means that the disability or disabling condition was apparent at that time or would have been apparent to an unskilled observer on examination of the member or veteran at that time. (évident)

recorded on medical examination prior to enrolment

recorded on medical examination prior to enrolment, in respect of a disability or disabling condition of a member or veteran, means a written record, X-ray film or photograph of the disability or disabling condition that was placed in

  • (a) a medical report made on the enrolment of the member or veteran;

  • (b) official documentation covering a former period of service of the member or veteran;

  • (c) the files of the Department of Veterans Affairs relating to the member or veteran;

  • (d) the records of a compensation board or insurance company relating to the member or veteran; or

  • (e) the records of a medical practitioner or a clinic, hospital or other medical institution relating to the member or veteran. (consigné lors d’un examen médical avant l’enrôlement)

Application

 An application for compensation under Part 3 of the Act shall be made in writing and shall include

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

  • (b) at the request of the Minister, any information or documents that are necessary to enable the Minister to assess whether an applicant is eligible for compensation or the amount of compensation payable.

  • SOR/2009-225, s. 12(F)
  • SOR/2011-302, s. 12

Critical Injury Benefit

 An application for a critical injury benefit shall include medical reports or other records that document the member’s or veteran’s injury or disease, the diagnosis and the nature and duration of treatment received.

  • SOR/2015-197, s. 4

 The presumptions set out in section 50 apply with any necessary modifications to applications for a critical injury benefit.

  • SOR/2015-197, s. 4

 For the purpose of subsection 44.1(2) of the Act, the Minister shall consider whether the member or the veteran

  • (a) sustained an amputation at or above the wrist or ankle;

  • (b) sustained legal blindness in both eyes — meaning that their best corrected visual acuity is less than or equal to 6/60 or they have less than 20 degrees of visual field remaining — for a minimum of 84 consecutive days;

  • (c) sustained quadriplegia, paraplegia, hemiplegia or complete paralysis of a limb for a minimum of 84 consecutive days;

  • (d) sustained total loss of urinary or bowel function for a minimum of 84 consecutive days;

  • (e) required the assistance of at least one person to perform at least three activities of daily living for a minimum of 112 consecutive days;

  • (f) was admitted to an intensive care unit for a minimum of five consecutive days;

  • (g) was admitted to a hospital for acute or rehabilitative inpatient care for a minimum of 84 consecutive days; or

  • (h) was admitted to a hospital for acute or rehabilitative inpatient care for less than 84 consecutive days during which the member or the veteran received complex treatments.

  • SOR/2015-197, s. 4
 

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