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

Assented to 2005-05-13

Marginal note:Cancellation

 The Minister may cancel a rehabilitation plan or a vocational assistance plan in the prescribed circumstances.

Earnings Loss Benefit

Marginal note:Eligibility — veterans
  •  (1) The Minister may, on application, pay an earnings loss benefit to a veteran if the Minister determines, as a result of an assessment made in accordance with subsection 10(1), that a rehabilitation plan or a vocational assistance plan should be developed for the veteran.

  • Marginal note:When benefit payable

    (2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed.

  • Marginal note:Duration of benefit

    (3) Subject to subsection (4) and section 21, the earnings loss benefit is payable to a veteran until the earlier of

    • (a) the day on which the veteran completes the rehabilitation plan or the vocational assistance plan,

    • (b) the day on which the rehabilitation plan or the vocational assistance plan is cancelled, and

    • (c) the day on which the veteran attains the age of 65 years.

  • Marginal note:Continuation of benefit

    (4) If the Minister determines that the veteran is unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by the physical or mental health problem for which the rehabilitation plan was developed, the earnings loss benefit continues to be payable to the veteran after the plan has been completed or cancelled until the earlier of

    • (a) the day on which the Minister determines that the veteran is no longer unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by that health problem, and

    • (b) the day on which the veteran attains the age of 65 years.

Marginal note:Amount of benefit
  •  (1) Subject to the regulations, the monthly amount of the earnings loss benefit under section 18 that is payable to a veteran shall be determined in accordance with the formula

    A - B

    where

    A 
    is 75% of the veteran’s imputed income for a month; and
    B 
    is an amount that is payable to the veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of veterans;

    • (b) prescribing a minimum or a maximum amount of imputed income in respect of a class of veterans;

    • (c) providing for the periodic adjustment of the value of A and B in subsection (1); and

    • (d) respecting the determination, for the purpose of the value of B in subsection (1), of an amount payable to a veteran for a month.

Marginal note:Examination or assessment
  •  (1) The Minister may, for the purpose of determining whether a veteran may continue to receive an earnings loss benefit, require a veteran who, as a result of a determination of total and permanent incapacity, is in receipt of an earnings loss benefit under section 18 — or would, but for their level of income, be in receipt of it — to undergo a medical examination or an assessment by a person specified by the Minister.

  • Marginal note:Non-compliance

    (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the earnings loss benefit.

Marginal note:Cancellation

 The Minister may cancel an earnings loss benefit that is payable under section 18 in the prescribed circumstances.

Marginal note:Eligibility — survivors and orphans
  •  (1) The Minister may, on application, pay, in accordance with section 23, an earnings loss benefit to a member’s or a veteran’s survivor or orphan, if the member or veteran dies as the result of

    • (a) a service-related injury or disease; or

    • (b) a non-service-related injury or disease that was aggravated by service.

  • Marginal note:When benefit payable

    (2) The earnings loss benefit begins to be payable on the later of

    • (a) the day after the day of the member’s or veteran’s death, and

    • (b) the day that is one year prior to the day on which the application for the benefit is approved in respect of the survivor or orphan, as the case may be.

  • Marginal note:Duration of benefit

    (3) The earnings loss benefit ceases to be payable on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Marginal note:Amount of benefit
  •  (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section 22 that is payable in respect of a member or a veteran is 75% of the member’s or veteran’s imputed income for a month.

  • Marginal note:Division of benefit

    (2) If an earnings loss benefit is payable to a survivor or an orphan, the following rules apply:

    • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the earnings loss benefit;

    • (b) if there is a survivor and one or more orphans,

      • (i) the survivor is entitled to 60% of the earnings loss benefit, and

      • (ii) the orphans are entitled, as a class, to 40% of the earnings loss benefit, divided equally among them; and

    • (c) if there are one or more orphans but no survivor, each orphan is entitled to the lesser of

      • (i) 40% of the earnings loss benefit, and

      • (ii) the amount obtained by dividing the earnings loss benefit by the number of those orphans.

  • Marginal note:Deductions for survivor

    (3) Subject to the regulations, the monthly amount of the earnings loss benefit that is payable to a survivor shall be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of members or veterans;

    • (b) prescribing a minimum or a maximum amount of imputed income in respect of a class of members or veterans;

    • (c) providing for the periodic adjustment of an earnings loss benefit calculated in accord­ance with subsection (1) and an amount determined for the purposes of subsection (3); and

    • (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a survivor for a month.

Marginal note:Benefit to be pro rata

 If an earnings loss benefit is payable for only part of a month, the benefit shall be paid pro rata, based on a 30-day month.

Supplementary Retirement Benefit

Marginal note:Eligibility — veterans
  •  (1) The Minister may, on application, pay a supplementary retirement benefit to a veteran who has been in receipt of an earnings loss benefit in accordance with subsection 18(4) — or would, but for their level of income, have been in receipt of it — if the veteran is no longer entitled to that benefit.

  • Marginal note:Eligibility — survivors

    (2) The Minister may, on application, pay a supplementary retirement benefit to a veteran’s survivor if

    • (a) the veteran, at the time of their death, was in receipt of an earnings loss benefit in accordance with subsection 18(4) or would, but for their level of income, have been in receipt of it; and

    • (b) the survivor is not eligible to receive an earnings loss benefit under section 22.

  • Marginal note:Eligibility — survivors

    (3) The Minister may, on application, pay a supplementary retirement benefit to a member’s or a veteran’s survivor if the survivor has been in receipt of an earnings loss benefit under section 22 but is no longer entitled to that benefit.

Marginal note:Amount of benefit

 The Governor in Council may make regulations respecting the amount of the supplementary retirement benefit payable in respect of any class or classes of veterans or survivors.

Canadian Forces Income Support Benefit

Marginal note:Eligibility — veterans

 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran who has been in receipt of an earnings loss benefit under section 18 — or would, but for their level of income, have been in receipt of it — if

  • (a) the veteran is no longer entitled to the earnings loss benefit;

  • (b) the veteran meets the prescribed employment-related criteria; and

  • (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the veteran would result in an amount greater than zero.

Marginal note:Eligibility — survivors

 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran’s survivor if the veteran was in receipt of that benefit at the time of their death and if

  • (a) the veteran dies as the result of an injury or a disease other than an injury or a disease described in paragraph 29(a);

  • (b) the survivor meets the prescribed employment-related criteria; and

  • (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the survivor would result in an amount greater than zero.

Marginal note:Eligibility — survivors

 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s survivor if

  • (a) the member or veteran dies as a result of

    • (i) a service-related injury or disease, or

    • (ii) a non-service-related injury or disease that was aggravated by service; and

  • (b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.

Marginal note:Eligibility — orphans

 The Minister may, on application, pay a Canadian Forces income support benefit to a veteran’s orphan if

  • (a) the veteran dies as a result of an injury or a disease other than an injury or a disease described in paragraph 31(a); and

  • (b) the veteran was in receipt of that benefit at the time of their death.

 
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