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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:Eligibility — orphans

 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s orphan 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:When benefit payable

 The Canadian Forces income support benefit under section 29, 30 or 31 begins to be payable on the later of

  • (a) the first day of the month after the month in which the member or veteran died, and

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

Marginal note:Restrictions on residence

 A Canadian Forces income support benefit may be paid to a person only if the person resides in Canada.

Marginal note:Payment for entire month

 If, in a month, a person who is in receipt of a Canadian Forces income support benefit dies or ceases to reside in Canada, the benefit shall be paid as if the person were entitled to the benefit for that entire month.

Marginal note:Requirement to participate
  •  (1) A Canadian Forces income support benefit under section 27 or 28 is only payable for each month that the veteran or survivor participates — to the extent required to meet the objectives of the program — in a job placement program that is approved by the Minister.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a veteran or a survivor who has attained the age of 65 years.

  • Marginal note:Exemption

    (3) The Minister may exempt a veteran or a survivor from the application of subsection (1), subject to any terms and conditions that the Minister considers appropriate, and the Minister may cancel the exemption.

  • Marginal note:When benefit is payable

    (4) Subject to subsection (5), the Canadian Forces income support benefit under section 27 or 28 begins to be payable on the earlier of

    • (a) the first day of the month in which the veteran or the survivor starts a job placement program referred to in subsection (1), and

    • (b) the first day of the month in which the Minister grants the veteran or survivor an exemption under subsection (3).

  • Marginal note:Exception — applicant over 65 years of age

    (5) If an application for a Canadian Forces income support benefit under section 27 or 28 is approved in respect of a veteran or a survivor who has attained the age of 65 years, the benefit begins to be payable on the first day of the month in which the application is approved.

  • Marginal note:Duration of benefit

    (6) Subject to section 36, a Canadian Forces income support benefit under section 27 or 28 ceases to be payable on the earlier of

    • (a) the last day of the month in which the veteran or survivor ceases to participate in a job placement program referred to in subsection (1), unless the veteran or survivor is exempt from the application of that subsection,

    • (b) the last day of the month in which the veteran or survivor no longer meets the prescribed employment-related criteria, and

    • (c) the last day of the month in which a calculation made under subsection 37(1) in respect of the veteran or survivor would result in an amount equal to or less than zero.

Marginal note:Suspension or cancellation

 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
  •  (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.

Permanent Impairment Allowance

Marginal note:Eligibility — veterans
  •  (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 has, in respect of each of those health problems,

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

    • (b) received a disability award under Part 3.

  • 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:When allowance payable

 The permanent impairment allowance under section 38 begins to be payable on the later of

  • (a) the day on which the application for the allowance was made, and

  • (b) the day that is one year prior to the day on which the application for the allowance is approved.

Marginal note:Examination or assessment
  •  (1) The Minister may, for the purpose of determining whether a veteran may continue to receive a permanent impairment allowance, require the veteran 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 permanent impairment allowance.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit or a Canadian Forces income support benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1) or 23(3), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;

  • (b) respecting the determination of what constitutes suitable gainful employment, a barrier to re-establishment in civilian life and total and permanent incapacity;

  • (c) defining “base calendar year”, “income” and “payment period” for the purposes of section 37;

  • (d) providing for the increase of any amount set out in column 2 of Schedule 1 in case of any increase in the amount of a pension or a supplement, as those terms are defined in section 2 of the Old Age Security Act, as a result of amendments to that Act;

  • (e) respecting the payment of expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan;

  • (f) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of sections 33 and 34; and

  • (g) respecting, for the purposes of section 38, what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment.

PART 3DISABILITY, DEATH AND DETENTION

General

Marginal note:Non-application of this Part

 This Part does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.

Marginal note:Benefit of doubt

 In making a decision under this Part or under section 84, the Minister and any person designated under section 67 shall

  • (a) draw from the circumstances of the case, and any evidence presented to the Minister or person, every reasonable inference in favour of an applicant under this Part or under section 84;

  • (b) accept any uncontradicted evidence presented to the Minister or the person, by the applicant, that the Minister or person considers to be credible in the circumstances; and

  • (c) resolve in favour of the applicant any doubt, in the weighing of the evidence, as to whether the applicant has established a case.

 
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