Veterans Well-being Act — C-16.8 99
Veterans’ deemed entitlement to income replacement benefit 99 (1) If, before April 1, 2019, the Minister determined, as a result of an assessment of a veteran’s needs under subsection 10(1) of the former Act, that a rehabilitation plan or a vocational assistance plan should be developed for the veteran in respect of a physical or a mental health problem and if, as a result of the Minister’s determination, an earnings loss benefit was payable to the veteran on March 31, 2019 under section 18 of the former Act, then the veteran is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 18 of the new Act in respect of that health problem and the following rules apply in respect of the veteran: (a) for the purposes of subsection 18(2) of the new Act, the veteran is deemed, on April 1, 2019, to be informed of their entitlement to the income replacement benefit; (b) despite subsection 18(3) of the new Act, the benefit begins to be payable to the veteran on April 1, 2019; (c) the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit is deemed to be the physical or mental health problem referred to in subsection 18(5) or (7) of the new Act; (d) if, on a day before April 1, 2019, the Minister determined that the veteran has a diminished earning capacity that is due to the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit, the Minister is deemed to have made that determination, on that day, under subsection 18(5) of the new Act; (e) if, on March 31, 2019, the veteran was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act, the veteran is deemed, on April 1, 2019, to be entitled to continue to receive the income replacement benefit under subsection 18(7) of the new Act; and (f) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19(1) or 19.1(1) of that Act, subject to subsections (2) to (5). Limitation — career progression factor (2) If the physical or mental health problem in respect of which the veteran is deemed to be entitled to the income replacement benefit under subsection (1) did not result primarily from service in the Canadian Forces and an increase to the career impact allowance was not payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is determined under subsection 19(1) of that Act without any periodic adjustment in accordance with a career progression factor. Protected amount — veteran under age 65 (3) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19(1) of the new Act is less than the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by that sum: (a) the amount determined for A in subsection 19(1) of the former Act that was used to calculate the earnings loss benefit payable to the veteran under section 18 of that Act for the month of March 2019, and (b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month. Protected amount — veteran 65 years or older (4) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19.1(1) of the new