Veterans Health Care Regulations

15 (1) Subject to subsections (1.1) and (1.11), veteran pensioners, civilian pensioners and special duty service pensioners are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, where it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as an insured service under a provincial health care system, if

• (a) they are resident in Canada; and

• (b) an assessment indicates that

  • (i) their war-related pensioned condition impairs their ability to remain self-sufficient at their principal residence without those services, and

  • (ii) the provision of those services would assist them to remain self-sufficient at their principal residence or the provision of that care is necessary for health reasons.

(1.1) Seriously disabled veteran pensioners and seriously disabled civilian pensioners are not required to meet the requirement set out in subparagraph (1)(b)(i).

(1.11) Veteran pensioners and civilian pensioners, whose extent of disability, in respect of the aggregate of all of their disability assessments under the Pension Act and the Canadian Forces Members and Veterans Re-establishment and Compensation Act, is equal to or greater than 48% are not required to meet the requirement set out in subparagraph (1)(b)(i).

(1.2) Military service pensioners and members or former members entitled to a disability award are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is neither available to them as members or former members of the Canadian Forces nor available as an insured service under a provincial health care system, if

• (a) they are resident in Canada; and

• (b) an assessment indicates that

  • (i) their pensioned condition or the disability for which they are entitled to a disability award, as the case may be, impairs their ability to remain self-sufficient at their principal residence without those services, and

  • (ii) the provision of those services would assist them to remain self-sufficient at their principal residence or the provision of that care is necessary for health reasons.

(2) Subject to section 33.1, income-qualified veterans who are 65 years of age or more, income-qualified overseas service civilians who are 65 years of age or more and Canada service veterans are eligible to receive the veterans independence program services referred to in paragraphs 19(a) to (d) or, where it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as an insured service under a provincial health care system, if

• (a) they are resident in Canada; and

• (b) an assessment indicates that the provision of those services would assist them to remain self-sufficient at their principal residence or the provision of that care is necessary for health reasons.

(3) Subject to section 33.1, prisoners of war entitled to basic compensation under subsection 71.2(1) of the Pension Act and members or former members who have received a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available as an insured service under a provincial health care system, if

• (a) they are totally disabled, whether by reason of military service or not;

• (b) they are resident in Canada; and

• (c) an assessment indicates that the provision of those services would assist them to remain in their principal residence or that the provision of that care is necessary for health reasons.

(4) Subject to section 33.1, overseas service veterans eligible for intermediate care or chronic care in a departmental facility or in a contract bed pursuant to subsection 21(1) are also eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d), to the extent that those services are not available to them as an insured service under a provincial health care system, if

• (a) they have applied to the Minister for admission to a departmental facility or contract bed, and are not admitted because there is no vacancy in a departmental facility or contract bed within a reasonable distance of the community in which they normally reside;

• (b) they are resident in Canada; and

• (c) an assessment indicates that the provision of those services would assist them to remain self-sufficient at their principal residence.