Veterans Well-being Act — C-16.8 56.6
Eligibility 56.6 (1) The Minister may, on application, pay additional pain and suffering compensation to a veteran who suffers from one or more disabilities that are creating a permanent and severe impairment and a barrier to re-establishment in civilian life if the veteran, in respect of each of those disabilities, has been granted a disability award or pain and suffering compensation or a disability pension under the Pension Act . Non-application of subsection (1) (2) Subsection (1) does not apply in respect of a disability resulting from an injury or disease, or the aggravation of an injury or disease, that resulted from (a) service in the Canadian Forces on or before April 1, 1947; or (b) service in the Korean War , as defined in subsection 3(1) of the Pension Act . Ineligibility — exceptional incapacity allowance (3) A veteran who is receiving an exceptional incapacity allowance under the Pension Act is not eligible for additional pain and suffering compensation. Assessment of extent of impairment (4) The Minister shall assess the extent of the veteran’s permanent and severe impairment. Amount of additional pain and suffering compensation (5) The monthly amount of additional pain and suffering compensation that is payable is the amount set out in column 2 of Schedule 4 that corresponds to the extent of the veteran’s permanent and severe impairment as set out in column 1 of that Schedule. When additional pain and suffering compensation payable (6) Subject to subsection (8), additional pain and suffering compensation begins to be payable on the later of (a) the first day of the month in which the application for additional pain and suffering compensation is made, (b) the day that is one year before the first day of the month in which the veteran is determined to be entitled to the additional pain and suffering compensation, and (c) the first day of the month in which the veteran is released from the Canadian Forces or, if the veteran is released on the last day of the month, the first day of the month after the month in which the veteran is released. Reassessment of extent of impairment (7) If there has been a change in circumstances relating to a veteran to whom additional pain and suffering compensation is payable, the Minister may, on application, reassess the extent of the veteran’s permanent and severe impairment. The Minister may, on his or her own initiative, reassess the extent of the veteran’s permanent and severe impairment. When additional pain and suffering compensation payable — reassessment (8) If, as a result of the reassessment, a determination is made that the extent of the veteran’s permanent and severe impairment has changed, the resulting additional pain and suffering compensation begins to be payable, (a) if the reassessment is conducted on application and the veteran’s extent of impairment has worsened, on the later of (i) the first day of the month in which the application for a reassessment is made, and (ii) the day that is one year before the first day of the month in which the determination is made; (b) if the reassessment is conducted on application and the veteran’s extent of impairment has lessened, on the first day of the month after the month in which the determination is made; or (c) if the reassessment is conducted on the Minister’s own initiative, on the first day of the month after the month in which the determination is made. Duration of additional pain and suffering compensation (9) Subject to section 56.8, additional pain and suffering compensation ceases to be payable on the earlier of (a) the first day of the month after the month in which the Minister determines that the veteran is no longer entitled to the additional pain and suffering compensation, and (b) the first day of the month after the month in which the veteran dies. 2018, c. 12, s. 144