Veterans Well-being Act (S.C. 2005, c. 21)

Marginal note:Eligibility — veteran’s death at age 65 years or older

• 26 (1) The Minister may, on application, pay, in accordance with section 26.1, an income replacement benefit to a veteran’s survivor or orphan if the veteran dies on or after the day on which they attain the age of 65 years and the veteran was entitled to the income replacement benefit at the time of their death.

• Marginal note:When benefit payable

  (2) The income replacement benefit begins to be payable on the later of

  • (a) the first day of the month after the month in which the veteran dies, and

  • (b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be,

  • (a) to the survivor, on the first day of the month after the month in which the survivor dies; and

  • (b) to the orphan, on the earlier of

    • (i) the first day of the month after the month in which the orphan is no longer an orphan, and

    • (ii) the first day of the month after the month in which the orphan dies.

Marginal note:Amount of benefit

• 26.1 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 26 in respect of a veteran is

  • (a) 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account; or

  • (b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account.

• Marginal note:Division of benefit

  (2) If the income replacement 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 income replacement benefit;

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

    • (i) the survivor is entitled to 50% of the income replacement benefit, and

    • (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

  • (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

• Marginal note:Reduction — survivor

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

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the income replacement benefit calculated in accordance with subsection (1); and

  • (b) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.

Marginal note:Suspension or cancellation

26.2 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 22 or 26 or cancel the benefit.

Canadian Forces Income Support Benefit

Marginal note:Eligibility — veterans

27 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 income replacement 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 income replacement 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

28 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

29 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

30 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.

Marginal note:Eligibility — orphans

31 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

32 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

33 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

34 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

• 35 (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 career transition services 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 career transition services 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 career transition services 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

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.