GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Well-being Act — C-16.8 42
Non-application of this Part 42 This Part, other than sections 44.1, 44.2 and 56.6 to 56.8, 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 . 2005, c. 21, s. 42; 2015, c. 36, s. 213; 2017, c. 20, s. 276 2018, c. 12, s. 140
Veterans Well-being Act — C-16.8 43
Benefit of doubt 43 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.
Veterans Well-being Act — C-16.8 44
Representation of applicant 44 In all proceedings under this Part, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.
Veterans Well-being Act — C-16.8 44.1
Eligibility 44.1 (1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease (a) was a service-related injury or disease; (b) was the result of a sudden and single incident that occurred after March 31, 2006; and (c) immediately caused a severe impairment and severe interference in their quality of life. Factors to be considered (2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors. Regulations (3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident. 2015, c. 36, s. 214
Veterans Well-being Act — C-16.8 44.2
Amount of benefit 44.2 The amount of the critical injury benefit that is payable to a member or veteran shall be the amount set out in column 2 of item 2.2 of Schedule 2. 2015, c. 36, s. 214
Veterans Well-being Act — C-16.8 45
Eligibility 45 (1) The Minister may, on application, pay pain and suffering compensation to a member or a veteran who establishes that they are suffering from a disability resulting from (a) a service-related injury or disease; or (b) a non-service-related injury or disease that was aggravated by service. Compensable fraction (2) Pain and suffering compensation may be paid under paragraph (1)(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service. 2005, c. 21, s. 45 2018, c. 12, s. 142
Veterans Well-being Act — C-16.8 46
Consequential injury or disease 46 (1) For the purposes of subsection 45(1), an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of (a) a service-related injury or disease; (b) a non-service-related injury or disease that was aggravated by service; (c) an injury or a disease that is itself a consequence of an injury or a disease described in paragraph (a) or (b); or (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c). Compensable fraction (2) If a disability results from an injury or a disease that is deemed to be a service-related injury or disease, pain and suffering compensation may be paid under subsection 45(1) only in respect of that fraction of the disability, measured in fifths, that represents the extent to which that injury or disease is a consequence of another injury or disease that is, or is deemed to be, a service-related injury or disease. 2005, c. 21, s. 46; 2015, c. 36, s. 215 2018, c. 12, s. 143
Veterans Well-being Act — C-16.8 47
Loss of paired organ or limb 47 (1) The Minister may, on application, pay pain and suffering compensation to a member or a veteran who has been paid a disability award or pain and suffering compensation or to whom pain and suffering compensation is payable on account of the loss of, or the permanent loss of the use of, one of their paired organs or limbs if the member or veteran suffers, either before or after that loss or loss of use, the loss of, the permanent loss of the use of or the impairment of the other paired organ or limb from any cause whatever. Extent of disability (2) The member’s or veteran’s extent of disability in respect of that other paired organ or limb shall be considered to be 50% of the extent of disability at which the member or veteran would have been assessed if the loss of, the permanent loss of the use of or the impairment of that paired organ or limb had occurred in circumstances in which pain and suffering compensation would have been payable under section 45. 2005, c. 21, s. 47 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 48
Increase in extent of disability 48 (1) If a member or a veteran who has been paid a disability award or pain and suffering compensation or to whom pain and suffering compensation is payable establishes that their extent of disability, for which a disability award or pain and suffering compensation was paid or is payable, has subsequently increased, the Minister may, on application, pay pain and suffering compensation to the member or veteran. Compensable fraction — aggravated by service (2) In the case of a non-service related injury or disease that was aggravated by service, pain and suffering compensation may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accordance with subsection 45(2). Compensable fraction — consequential injury or disease (3) In the case of an injury or a disease that is a consequence of another injury or disease, pain and suffering compensation may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accordance with subsection 46(2). 2005, c. 21, s. 48; 2011, c. 12, s. 10 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 49
How extent of disability assessed 49 (1) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments. Statutory Instruments Act (2) The instructions and table of disabilities are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act . 2005, c. 21, s. 49; 2011, c. 12, s. 11 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 50
Amount of pain and suffering compensation 50 (1) Subject to section 56.4, the monthly amount of pain and suffering compensation that is payable under section 45, 47 or 48 to a member or a veteran shall be determined by the formula A – B where A is the amount set out in column 3 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which a disability award has been paid or for which pain and suffering compensation is payable or has been paid as a lump sum; and B is the amount set out in column 3 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which a disability award has been paid or for which pain and suffering compensation has been paid as a lump sum. Fraction (2) For the purpose of determining the extent of disability in subsection (1), if a disability award or pain and suffering compensation was paid or may be paid only in respect of a fraction of a disability, then only that fraction of the disability shall be taken into account. 2005, c. 21, s. 50; 2011, c. 12, s. 12 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 51
When pain and suffering compensation payable 51 (1) Pain and suffering compensation begins to be payable under section 45, 47 or 48 on the later of (a) the first day of the month in which the application for pain and suffering compensation is made, and (b) the day that is three years before the first day of the month in which the pain and suffering compensation is granted. Additional payment (2) Despite subsection (1), if the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act , the Board is of the opinion that, were it not for delays in securing service or other records or other administrative difficulties beyond the control of the member or veteran, pain and suffering compensation would have been granted earlier, the Minister or the Board, as the case may be, may grant an additional payment to the member or veteran in an amount not exceeding an amount equal to the pain and suffering compensation payable to the member or veteran for two years. Additional payment deemed to be compensation (3) The additional payment is deemed to be compensation for the purposes of sections 88 to 90 and 92 and subsection 93(1). 2005, c. 21, s. 51 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 52
Duration of pain and suffering compensation 52 Subject to section 52.1, pain and suffering compensation ceases to be payable under section 45, 47 or 48 on the earlier of (a) the first day of the month after the month in which the member or veteran makes an election under section 53, and (b) the first day of the month after the month in which the member or veteran dies. 2005, c. 21, s. 52; 2016, c. 7, s. 88 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 52.1
Suspension or cancellation 52.1 The Minister may, in the prescribed circumstances, suspend the payment of pain and suffering compensation that is payable under section 45, 47 or 48 or cancel the pain and suffering compensation. 2011, c. 12, s. 13 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 53
Election — lump sum 53 (1) A member or a veteran to whom pain and suffering compensation is payable under section 45, 47 or 48 may elect, in the prescribed manner, to receive the pain and suffering compensation as a lump sum in lieu of monthly payments. Amount of lump sum (2) The amount of the pain and suffering compensation that is payable as a lump sum shall be determined by the formula A – B where A is the amount set out in column 4 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which pain and suffering compensation is payable; and B is the sum of the amounts obtained — in respect of each pain and suffering compensation that began to be payable to the member or veteran, other than pain and suffering compensation for which the member or veteran previously made an election under this section — by multiplying the amount determined in accordance with paragraph (a) by the number determined in accordance with paragraph (b): (a) the amount set out in column 3 of Schedule 3 that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which that pain and suffering compensation was paid; (b) the number of months for which the member or veteran was paid that pain and suffering compensation. Election irrevocable (3) An election made under subsection (1) is irrevocable and applies in respect of the member’s or veteran’s total extent of disability for which pain and suffering compensation is payable when the election is made. 2005, c. 21, s. 53; 2016, c. 7, s. 89 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 54
Death of member or veteran 54 If a member or a veteran to whom pain and suffering compensation is payable under section 45, 47 or 48 dies, the Minister may, on application, pay as a lump sum, in accordance with section 56.1, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, any pain and suffering compensation that would have been payable to the member or veteran under section 53 if they had made the election under that section on the day before their death. 2005, c. 21, s. 54 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 55
Death of member or veteran — application pending 55 (1) If a member or a veteran who made an application for pain and suffering compensation under section 45, 47 or 48 dies before the Minister makes a determination in respect of the application, the Minister may pay as a lump sum, in accordance with section 56.1, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, pain and suffering compensation in an amount equal to the amount, set out in column 4 of Schedule 3, that corresponds to the monthly amount of pain and suffering compensation, set out in column 3 of that Schedule, that would have been payable to the member or veteran under section 45, 47 or 48, had they lived, as a result of the application. Rights of survivor and dependent child (2) The survivor or dependent child has, in respect of the application referred to in subsection (1), all of the rights that the member or veteran would have had had they lived. 2005, c. 21, s. 55 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56
Death of member or veteran — no application made 56 If a member or a veteran dies before they make an application for pain and suffering compensation under section 45, 47 or 48, the Minister may, on application, pay as a lump sum, in accordance with section 56.1, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, pain and suffering compensation in an amount equal to the amount, set out in column 4 of Schedule 3, that corresponds to the monthly amount of pain and suffering compensation, set out in column 3 of that Schedule, that would have been payable to the member or veteran under section 45, 47 or 48 if the member or veteran had lived and had made the application. 2005, c. 21, s. 56; 2011, c. 12, s. 14 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.1
Division of pain and suffering compensation 56.1 If pain and suffering compensation is payable to a survivor or a person who was, at the time of a member’s or veteran’s death, a dependent child, the following rules apply: (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the pain and suffering compensation; (b) if there is a survivor and one or more persons who were dependent children, (i) the survivor is entitled to 50% of the pain and suffering compensation, and (ii) the persons who were dependent children are entitled, as a class, to 50% of the pain and suffering compensation, divided equally among them; (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the pain and suffering compensation by the number of those children. 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.2
Deemed extent of disability 56.2 For the purposes of sections 55 and 56, if a member or a veteran dies as a result of an injury or a disease for which a disability award has been paid or for which pain and suffering compensation has been paid, is payable or would be payable and their death occurs more than 30 days after the day on which the injury occurred or the disease was contracted or the injury or disease was aggravated, the member or veteran is deemed to have been assessed, on the day before their death, as having an extent of disability of 100% in respect of that injury or disease. 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.3
Reduction 56.3 If an amount is paid or payable to a person from a prescribed source in respect of a death or disability for which pain and suffering compensation is payable, the Minister may reduce the pain and suffering compensation that is payable to the person by an amount determined in accordance with the regulations. 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.4
Maximum extent of disability 56.4 (1) If a member’s or a veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act — in relation to the disability award or pain and suffering compensation — and under the Pension Act , exceeds 100%, no pain and suffering compensation is to be paid for any percentage points exceeding 100%. Compensable fraction (2) For the purpose of determining the extent of disability, if a disability award or pain and suffering compensation was paid or may be paid only in respect of a fraction of a disability, or if only a fraction of a disability is pensionable under the Pension Act , then only that fraction of the disability shall be taken into account. 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.5
No pain and suffering compensation — decision under Pension Act 56.5 (1) No pain and suffering compensation shall be granted 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, has been the subject of an application for a pension under the Pension Act and the Minister, or the Commission as defined in section 79 of that Act, has rendered a decision in respect of the application. No pain and suffering compensation — inseparable for purpose of assessment (2) No pain and suffering compensation shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the Minister determines that the injury or disease, or the aggravation, is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted under the Pension Act . 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.7
Examination or assessment 56.7 The Minister may, for the purpose of determining whether a veteran continues to be entitled to additional pain and suffering compensation under section 56.6 or for the purpose of determining whether the extent of the veteran’s permanent and severe impairment has changed, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister. 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 56.8
Suspension or cancellation 56.8 The Minister may, in the prescribed circumstances, suspend the payment of additional pain and suffering compensation or cancel the additional pain and suffering compensation. 2018, c. 12, s. 144
Veterans Well-being Act — C-16.8 57
Eligibility — service-related injury or disease 57 (1) The Minister may, on application, pay, in accordance with section 59 , a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if (a) the member dies as a result of a service-related injury or disease; and (b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted. Eligibility — injury or disease aggravated by service (2) The Minister may, on application, pay, in accordance with section 59 , a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if (a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and (b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.
Veterans Well-being Act — C-16.8 58
Amount of benefit 58 (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2. Reduction of benefit (2) If an amount is paid or payable to a person from a prescribed source in respect of a death for which a death benefit is payable, the Minister may reduce the death benefit payable to the person by a prescribed amount.
Veterans Well-being Act — C-16.8 59
Division of benefit 59 If a death benefit is payable to a survivor or a person who was, at the time of a member’s death, a dependent child, the following rules apply: (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the death benefit; (b) if there is a survivor and one or more persons who were dependent children, (i) the survivor is entitled to 50% of the death benefit, and (ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them; and (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children.
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Allowance — amputation 60 (1) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of their amputation that causes wear and tear of clothing. Allowance — amputation (2) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of the arm at or above the wrist a clothing allowance in respect of their amputation that causes wear and tear of clothing. Allowance — two amputations (3) If a member or a veteran has received a disability award or pain and suffering compensation on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation. Allowance — other disabilities (4) If a member or a veteran has received a disability award or pain and suffering compensation for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance. Specially made apparel (5) If a member or a veteran has received a disability award or pain and suffering compensation for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel. 2005, c. 21, s. 60 2018, c. 12, s. 145
Veterans Well-being Act — C-16.8 61
Amount of allowance 61 Subject to subsection 60 (3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.
Veterans Well-being Act — C-16.8 62
When allowance payable 62 The clothing allowance under subsections 60 (1) to (5) 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 payment of the allowance is approved.
Veterans Well-being Act — C-16.8 63
Governor in Council 63 The Governor in Council may make regulations (a) respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, pain and suffering compensation or a death benefit; (b) respecting the determination, for the purpose of section 56.3, of an amount by which pain and suffering compensation may be reduced; and (c) respecting 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. 2005, c. 21, s. 63; 2015, c. 36, s. 216 2018, c. 12, s. 146