War Veterans Allowance Act — W-3 5
Death of veteran 5 (1) On the death of a veteran who, at the time of their death or at any time within the last twelve months of their life, was a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award a monthly allowance to the veteran’s survivor. Amount of allowance (1.1) The monthly allowance payable to a survivor under this section shall be computed in the same manner as a monthly allowance under section 4, except that the applicable monthly income factor referred to in paragraph 4(3)(a) in respect of the survivor shall be a monthly income factor specified in column II of the schedule opposite paragraph 2(a), (b) or (c) of the schedule, whichever is applicable, as if the survivor were a veteran described in paragraph 2(a) of the schedule. Inclusion of amount for dependent child (1.2) A monthly allowance payable to a survivor under this section shall, where the veteran who died left one or more dependent children, include an amount in respect of the child or children computed in accordance with the income factor specified in column II of the schedule opposite paragraph 2(d) of the schedule. Death of spouse or common-law partner (2) On the death of a spouse or common-law partner in respect of whom a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran a monthly allowance payable in the same manner and to the same extent as if the veteran were a survivor referred to in subsections (1) to (1.2). Death of child (3) On the death of a child in respect of whom a veteran or the survivor of a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, the recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran or survivor a monthly allowance payable in the same manner and to the same extent as if the veteran or survivor were a survivor referred to in subsections (1) to (1.2). Limitation on allowance payable (4) Notwithstanding anything in this Act, no allowance under this section is payable on the death of a veteran or of a spouse, common-law partner or child of a veteran in respect of any period more than twelve months after the month in which death occurs, and no other allowance is payable under this Act to a person to whom any allowance under this section has been awarded, during any period in respect of which the allowance so awarded is payable to that person. Applications pending at time of death (5) Where, at any time after March 31, 1955, a veteran dies and, at the time of death, (a) the veteran was eligible for an allowance under section 4, and (b) an application for that allowance made by the veteran and received by the Minister was pending, the veteran shall, if the Minister so directs, be deemed, for the purposes of subsection (1), to have been a recipient of that allowance at the time of death. Saving (6) Notwithstanding the time limitation of twelve months within which the Minister may make an award under subsection (1), (2) or (3), the Minister may make an award under any of those subsections after the expiration of those twelve months where, as determined by the Minister, the failure to make an award within those twelve months was caused by administrative oversight. R.S., 1985, c. W-3, s. 5; R.S., 1985, c. 7 (1st Supp.), s. 3; 2000, c. 12, ss. 319, 325, 328, 332, c. 34, s. 90(E)