Pension Act — P-6 52
Pension to parent where dependent 52 (1) In any case where a pension may be awarded under section 21 in respect of the death of a member of the forces, the parent or person in the place of the parent of the member is entitled to a pension at a rate not exceeding the rate provided in Schedule II if (a) the member died without leaving any survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46; and (b) the parent or person in the place of the parent is in a dependent condition and was, at the time of the death of the member, wholly or to a substantial extent maintained by the member. Pension to parent (2) Where a member of the forces has died leaving a survivor, former spouse or former common-law partner who is entitled to a pension or a person awarded a pension under section 46, in addition to a parent or person in the place of a parent who, prior to the enlistment of the member or during the member’s service, was wholly or to a substantial extent maintained by the member, the Minister may (a) award to that parent or person a pension at a rate not exceeding the rate provided in Schedule II; or (b) in any case where, after the death of the member, the pension to the survivor, former spouse or former common-law partner who is entitled to a pension or the person awarded a pension under section 46 has been discontinued, award to that parent or person a pension not exceeding the pension that might have been awarded to that parent or person if the member had died without leaving any survivor, former spouse or former common-law partner entitled to a pension or a person awarded a pension under section 46. Pension to parent or person becoming mentally or physically incapacitated (3) When a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the member of the forces at the time of the member’s death subsequently falls into a dependent condition, the parent or person may be awarded a pension, if the parent or person is incapacitated by mental or physical infirmity from earning a livelihood and in the opinion of the Minister the member of the forces would have wholly or to a substantial extent maintained the parent or person had the member not died. Dependent parents (4) In cases where a member of the forces has died leaving more than one parent or person in the place of a parent who were wholly or to a substantial extent maintained by the member, the rate of pension for one parent or person may be increased by an additional amount not exceeding the rate provided in Schedule II and the total pension may be apportioned between the parents or between the parent and the person. Subject to review (5) The pension to any parent or person in the place of a parent is subject to review from time to time and shall be continued, increased, decreased or discontinued in accordance with the amount deemed necessary by the Minister to provide a maintenance for the parent or person. Each child assumed to be supporting parents (6) When a parent or person in the place of a parent has children residing with the parent or person who should, in the opinion of the Minister, be earning an amount sufficient to permit them to contribute to the support of the parent or person, each child shall be deemed to be contributing not less than ten dollars a month toward that support. (7) [Repealed, 2000, c. 12, s. 223] R.S., 1985, c. P-6, s. 52; 1990, c. 43, s. 22; 1995, c. 18, ss. 66, 75; 2000, c. 12, s. 223, c. 34, s. 43(E)