Canadian Forces Members and Veterans Re-establishment and Compensation Act (S.C. 2005, c. 21)

Marginal note:Suspension or cancellation

36. The Minister may suspend the payment of a Canadian Forces income support benefit or cancel the benefit, in the prescribed circumstances.

Marginal note:Amount of benefit

• 37. (1) Subject to subsection (2), the amount of the Canadian Forces income support benefit payable under sections 27 to 31 for each month in a current payment period shall be determined by the formula

  A - B - C

  where

  A 

  is

  • (a) in the case of a veteran, the sum of the applicable amounts set out in column 2 of items 1 to 3 of Schedule 1,

  • (b) in the case of a survivor, the amount set out in column 2 of item 4 of Schedule 1, and

  • (c) in the case of an orphan, the amount set out in column 2 of item 5 of Schedule 1;

  B 

  is

  • (a) in the case of a veteran, 1/12 of the income of the veteran and the veteran’s spouse or common-law partner, if any, for the base calendar year,

  • (b) in the case of a survivor, 1/12 of the survivor’s income for the base calendar year, and

  • (c) in the case of an orphan, 1/12 of the orphan’s income for the base calendar year; and

  C 

  is

  • (a) in the case of a veteran, the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner, if any, from prescribed sources,

  • (b) in the case of a survivor, the total of the current monthly benefits payable to the survivor from prescribed sources, and

  • (c) in the case of an orphan, the total of the current monthly benefits payable to the orphan from prescribed sources.

• Marginal note:Veteran couples

  (2) If the spouses or common-law partners are both veterans to whom a Canadian Forces income support benefit is payable, the following rules apply in respect of each veteran:

  • (a) the value of A in subsection (1) is the sum of

    • (i) the amount set out in column 2 of item 1 of Schedule 1, and

    • (ii) in respect of each dependent child of the veteran, and each dependent child of the veteran’s spouse or common-law partner who is not a dependent child of the veteran, 1/2 of the amount set out in column 2 of item 3 of Schedule 1;

  • (b) the value of B in subsection (1) is 1/24 of the income of the veteran and the veteran’s spouse or common-law partner for the base calendar year; and

  • (c) the value of C in subsection (1) is 1/2 of the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner from prescribed sources.

Marginal note:Eligibility — veterans

• 38. (1) The Minister may, on application, pay a permanent impairment allowance to a veteran who has one or more physical or mental health problems that are creating a permanent and severe impairment if the veteran, in respect of each of those health problems,

  • (a) has had an application for rehabilitation services approved under this Part; and

  • (b) has received a disability award under Part 3 or a pension for disability under the Pension Act, or would have received such an award or pension but has not because

    • (i) the aggregate of all of the veteran’s disability assessments and deemed disability assessments exceeds 100%, or

    • (ii) the disability award is not yet payable because, in the opinion of the Minister, the disability has not stabilized.

• Marginal note:Ineligibility — exceptional incapacity allowance

  (1.1) A veteran who has received or is receiving an exceptional incapacity allowance under the Pension Act is not eligible to be paid a permanent impairment allowance.

• Marginal note:Amount of allowance

  (2) The Minister shall determine the amount of the permanent impairment allowance that may be paid to the veteran in a year. The minimum permanent impairment allowance shall be the amount set out in column 2 of item 1 of Schedule 2, and the maximum permanent impairment allowance shall be the amount set out in column 2 of item 2 of that Schedule.

• Marginal note:Total and permanent incapacitation

  (3) The Minister may, on application, increase the permanent impairment allowance that may be paid under subsection (2) by the amount set out in item 2.1, column 2, of Schedule 2, if the Minister determines that the veteran is totally and permanently incapacitated.