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

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

PART 3Death, Disability and Detention (continued)

Pain and Suffering Compensation (continued)

  •  (1) For the purposes of section 52.1 of the Act, the Minister may cancel the payment of pain and suffering compensation if

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

    • (b) the assessment of the member’s or veteran’s eligibility for pain and suffering compensation or of the extent of their disability 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 pain and suffering compensation, the Minister shall provide the member or the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and the member’s or veteran’s rights of review.

  • SOR/2018-177, s. 13

 For the purposes of subsection 53(1) of the Act, a member or veteran may elect to receive the pain and suffering compensation as a lump sum by notifying the Minister in writing of their election.

  • SOR/2018-177, s. 13
  •  (1) The following sources are prescribed for the purposes of section 56.3 of the Act:

    • (a) amounts arising from a legal liability to pay damages for non-economic loss; and

    • (b) compensation payable in respect of non-economic loss under

      • (i) the Government Employees Compensation Act,

      • (ii) any provincial workers’ compensation legislation,

      • (iii) a compensation plan established by any other legislation of a similar nature, whether federal, provincial or of another jurisdiction other than a plan to which the member or veteran has contributed, and

      • (iv) a compensation plan of a similar nature established by the United Nations or by or under an international agreement to which Canada is a party, other than a plan to which the member or veteran has contributed.

  • (2) For the purposes of section 56.3 of the Act, the amount by which the Minister may reduce the pain and suffering compensation that is payable monthly to a member or veteran is the lesser of

    • (a) the amount that is payable from the prescribed source, converted into a monthly amount in accordance with generally accepted actuarial principles if it has been paid or is payable in a lump sum or on a periodic basis other than monthly, and

    • (b) the full amount of pain and suffering compensation that is payable monthly.

  • (3) For the purposes of section 56.3 of the Act, the amount by which the Minister may reduce the pain and suffering compensation that is payable as a lump sum to a member or veteran is the lesser of

    • (a) the amount that is payable from the prescribed source, converted into a lump-sum amount in accordance with generally accepted actuarial principles if it has been paid or is payable on a periodic basis, and

    • (b) the full amount of pain and suffering compensation that is payable as a lump sum.

  • (4) If the pain and suffering compensation paid to a member or veteran was reduced in accordance with subsection (2) or (3) and, at the time of the member’s or veteran’s death, the total amount of the reduction exceeds the total amounts received from the prescribed source, the reduction in the pain and suffering compensation shall be redetermined in accordance with subsection (2) or (3) with the references in paragraphs (2)(a) and (3)(a) to the amount that is payable from the prescribed source being replaced with references to the total amount received by the member or veteran from the prescribed source before death.

  • (5) If the redetermination under subsection (4) results in a smaller reduction of pain and suffering compensation than was previously determined under subsection (2) or (3), the difference between the two amounts is to be paid to the member’s or veteran’s survivor or dependent children in the manner set out in section 56.1 of the Act.

  • SOR/2018-177, s. 13

Additional Pain and Suffering Compensation

 For the purposes of section 56.6 of the Act, a permanent and severe impairment is

  • (a) an amputation at or above the elbow or the knee;

  • (b) the amputation of more than one upper or lower limb at any level;

  • (c) a total and permanent loss of the use of a limb;

  • (d) a total and permanent loss of vision, hearing or speech;

  • (e) a severe and permanent psychiatric condition;

  • (f) a severe and permanent limitation in mobility or self-care; or

  • (g) a permanent requirement for supervision.

  • SOR/2013-157, s. 3(E)
  • SOR/2018-177, s. 13

 For the purposes of subsection 56.6(4) of the Act, the assessment of the extent of the veteran’s permanent and severe impairment shall be based on any relevant factor, including

  • (a) the need for institutional care;

  • (b) the need for supervision and assistance;

  • (c) the degree of the loss of use of a limb;

  • (d) the frequency of the symptoms; and

  • (e) the degree of psychiatric impairment.

  • SOR/2011-219, s. 9
  • SOR/2018-177, s. 13

 An application for additional pain and suffering compensation or for a reassessment of the extent of the veteran’s permanent and severe impairment shall include medical reports or other records that document the veteran’s disability that is creating the permanent and severe impairment and the barrier to re-establishment in civilian life.

  • SOR/2011-219, s. 9
  • SOR/2018-177, s. 13

 A veteran who is in receipt of additional pain and suffering compensation shall, at the Minister’s request, provide medical reports or other records or any other information or documents that are necessary to enable the Minister to assess the veteran’s continued eligibility for the compensation or the extent of the veteran’s permanent and severe impairment.

  • SOR/2011-219, s. 9
  • SOR/2018-177, s. 13
  •  (1) For the purposes of section 56.8 of the Act, the Minister may suspend the payment of additional pain and suffering compensation 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 54.3; or

    • (b) undergo a medical examination or an assessment required by the Minister under section 56.7 of the Act.

  • (2) Before suspending the payment of additional pain and suffering compensation to a veteran, the Minister shall provide the veteran with written notification of the reasons for the suspension and the effective date of the suspension.

  • SOR/2018-177, s. 13
  •  (1) For the purposes of section 56.8 of the Act, the Minister may cancel the payment of additional pain and suffering compensation if

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

    • (b) the assessment of the veteran’s eligibility for additional pain and suffering compensation or of the extent of their permanent and severe impairment was based on a misrepresentation or the concealment of a material fact.

  • (2) On cancelling the payment of additional pain and suffering compensation, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and the veteran’s rights of review.

  • SOR/2018-177, s. 13

Death Benefit

 An application for a death benefit shall include medical reports or other records that document the member’s injury or disease, diagnosis and cause of death.

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

  • SOR/2009-225, s. 13(E)
  •  (1) For the purposes of subsection 58(2) of the Act, the prescribed sources are those set out in subsection 53.4(1).

  • (2) For the purposes of subsection 58(2) of the Act, the amount by which the Minister may reduce the death benefit is the lesser of

    • (a) the amount that is payable from the prescribed source, converted into a lump-sum amount in accordance with generally accepted actuarial principles if it has been paid or is payable on a periodic basis, and

    • (b) the full amount of the death benefit.

  • SOR/2018-177, s. 14
 
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