GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Well-being Act — C-16.8 110
Pending applications 110 (1) If, before April 1, 2019, a veteran made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(1) of the former Act. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of allowance (2) If the Minister approves the application, the Minister shall (a) determine, under subsection 38(2) of the former Act, the amount of the career impact allowance that is payable to the veteran in a year; and (b) pay to the veteran, under section 38 of the former Act, the career impact allowance that they are entitled to, but only for the period beginning on the day on which the allowance begins to be payable under section 39 of that Act and ending on March 31, 2019. Pending applications for increase (3) If, before April 1, 2019, a veteran made an application for an increase to the career impact allowance under subsection 38(3) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(3) of the former Act. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of increase (4) If the Minister approves the application, the Minister shall increase the career impact allowance that is payable to the veteran under section 38 of the former Act by the amount set out in item 2.1, column 2, of Schedule 2 to the former Act, but only for the period beginning on the day on which the increase begins to be payable under section 39 of that Act and ending on March 31, 2019. 2005, c. 21, s. 110 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 111
Review respecting applications for allowance 111 (1) If, before April 1, 2019, the Minister made a determination to deny an application for a career impact allowance made by a veteran under subsection 38(1) of this Act as it read at any time before that date but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the allowance, then, (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; (b) the Minister shall determine, under subsection 38(2) of the former Act, the amount of the career impact allowance that is payable to the veteran in a year; and (c) the Minister shall pay to the veteran under section 38 of the former Act the career impact allowance that they are entitled to, but only for the period beginning on the day on which the allowance begins to be payable under section 39 of that Act and ending on March 31, 2019. Review respecting applications for increase (2) If, before April 1, 2019, the Minister made a determination to deny an application for an increase to the career impact allowance made by a veteran under subsection 38(3) of this Act as it read at any time before that date but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the increase, then, (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and (b) the Minister shall increase the career impact allowance that is payable to the veteran under section 38 of the former Act by the amount set out in item 2.1, column 2, of Schedule 2 to that Act, but only for the period beginning on the day on which the increase begins to be payable under section 39 of that Act and ending on March 31, 2019. 2005, c. 21, s. 111 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 112
Review respecting amount of allowance 112 If, after approving an application made by a veteran for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019, the Minister determined, under subsection 38(2) of this Act as it read at any time before April 1, 2019, the amount of the career impact allowance that may be paid to the veteran in a year but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to increase the amount of the allowance that may be paid, then, (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and (b) the Minister shall increase the career impact allowance that may be paid to the veteran under section 38 of the former Act, by an amount that is the difference between the amount of the allowance set out in the final determination and the amount of the allowance that was initially determined, but only for the period beginning on the latest of the following days and ending on March 31, 2019: (i) the day on which the application for the allowance was made under that subsection 38(1), (ii) the day that is one year before the day on which the final determination is made, and (iii) the day after the day on which the veteran was released from the Canadian Forces. 2005, c. 21, s. 112 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 113
Members — determination under subsection 38(1) of former Act 113 (1) If, before April 1, 2019, the Minister made a determination in respect of an application for a career impact allowance made by a member under subsection 38(1) of this Act as it read at any time before April 1, 2019 and the member was not released from the Canadian Forces before March 31, 2019, then (a) if the determination was to approve the application, (i) the application and the Minister’s determination are deemed not to have been made, and (ii) the member is deemed to have made an application for additional pain and suffering compensation under subsection 56.6(1) of the new Act on April 1, 2019; and (b) if the determination was to deny the application, the application and the Minister’s determination are deemed not to have been made. Members — determination under subsection 38(3) of former Act (2) If, before April 1, 2019, the Minister made a determination in respect of an application for an increase to the career impact allowance made by a member under subsection 38(3) of this Act as it read at any time before April 1, 2019 and the member was not released from the Canadian Forces before March 31, 2019, then the application and the Minister’s determination are deemed not to have been made. 2005, c. 21, s. 113 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 114
Members — pending applications for allowance 114 (1) If, before April 1, 2019, a member made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31, 2019, then the application is deemed not to have been made and the member is deemed to have made an application for additional pain and suffering compensation under subsection 56.6(1) of the new Act on April 1, 2019. Members — pending applications for increase (2) If, before April 1, 2019, a member made an application for an increase to the career impact allowance under subsection 38(3) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31, 2019, then the application is deemed not to have been made. 2005, c. 21, s. 114 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 115
s payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection. Non-application of subsection (5) (6) Subsection (5) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2. Amount deemed to be compensation (7) An amount paid or payable under subsection (5) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1). Application of subsection 88(4) (8) Subsection 88(4) applies to an amount paid under subsection (5). 2005, c. 21, s. 115 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 116
Pending applications — subsection 40.1(1) of former Act 116 (1) If, before April 1, 2019, a veteran made an application for a retirement income security benefit under subsection 40.1(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of benefit (2) If the Minister approves the application, the Minister shall pay to the veteran under section 40.1 of the former Act the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.1(2) of that Act and ending on March 31, 2019. 2005, c. 21, s. 116 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 117
Pending applications — subsection 40.2(1) of former Act 117 (1) If, before April 1, 2019, a veteran made an application for a retirement income security benefit under subsection 40.2(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of benefit (2) If the Minister approves the application, the Minister shall pay to the veteran, under section 40.2 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.2(2) of that Act and ending on March 31, 2019. 2005, c. 21, s. 117 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 118
Survivors’ deemed entitlement to income replacement benefit (section 40.3 of former Act) 118 (1) A survivor to whom a retirement income security benefit was payable on March 31, 2019 under section 40.3 of the former Act is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 26 of the new Act and the following rules apply in respect of the survivor: (a) despite subsection 26(2) of the new Act, the income replacement benefit begins to be payable to the survivor on April 1, 2019; (b) the monthly amount of the income replacement benefit that is payable to the survivor under section 26 of the new Act is determined under section 26.1 of that Act, subject to subsections (2) and (3); and (c) subsection 26.1(2) of the new Act does not apply. Amount determined in accordance with paragraph 26.1(1)(a) (2) The monthly amount of the income replacement benefit that is payable under section 26 of the new Act and that is determined under paragraph 26.1(1)(a) of that Act is to be determined by the formula A × B where A is 70%; and B is 70% of the income replacement benefit that the veteran would have been entitled to for the month of March 2019 if the benefit had been payable to the veteran for that month, if the veteran had attained the age of 65 years in that month and if any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) had not been taken into account. Protected amount (3) If the amount of the income replacement benefit that is payable to a survivor under section 26 of the new Act for a given month and that is determined under section 26.1 of that Act — not taking into account any reduction under subsection 26.1(3) of that Act — is less than the amount determined for A in subsection 40.3(4) of the former Act that was used to calculate the retirement income security benefit that was payable to the survivor under section 40.3 of that Act for the month of March 2019, then the former amount is to be replaced by the latter amount. Indexation (4) For the purposes of subsection (3), the amount of the income replacement benefit referred to in that subsection and the amount determined for A referred to in that subsection are to be indexed until the time the income replacement benefit is payable. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 119
Survivors’ deemed entitlement to income replacement benefit (section 40.4 of former Act) 119 (1) A survivor to whom a retirement income security benefit was payable on March 31, 2019 under section 40.4 of the former Act is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 22 of the new Act and the following rules apply in respect of the survivor: (a) despite subsection 22(2) of the new Act, the income replacement benefit begins to be payable to the survivor on April 1, 2019; (b) the monthly amount of the income replacement benefit that is payable to the survivor under section 22 of the new Act is determined under section 23 of that Act, subject to subsection (2); and (c) subsection 23(2) of the new Act does not apply. Protected amount (2) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)(b) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount that is one half of the amount determined for A in subsection 40.4(4) of the former Act that was used to calculate the retirement income security benefit that was payable to the survivor under section 40.4 of that Act for the month of March 2019, then the former amount is to be replaced by the latter amount. Indexation (3) For the purposes of subsection (2), the amount, referred to in that subsection, that is one half of the amount determined for A is to be indexed until the time the income replacement benefit is payable. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 120
Pending applications — subsection 40.3(1) of former Act 120 (1) Subject to subsection (3), if, before April 1, 2019, a survivor made an application for a retirement income security benefit under subsection 40.3(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of benefit (2) If the Minister approves the application, the Minister shall pay to the survivor, under section 40.3 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.3(2) of that Act and ending on March 31, 2019. Veteran died in March 2019 (3) If the veteran in respect of whom a survivor made an application referred to in subsection (1) died in the month of March 2019, the survivor is deemed not to have made that application. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 121
Pending applications — subsection 40.4(1) of former Act 121 (1) If, before April 1, 2019, a survivor made an application for a retirement income security benefit under subsection 40.4(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of benefit (2) If the Minister approves the application, the Minister shall pay to the survivor, under section 40.4 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.4(2) of that Act and ending on March 31, 2019. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 122
Review 122 If, before April 1, 2019, the Minister made a determination to deny an application for a retirement income security benefit made by a survivor under subsection 40.3(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the benefit, then, (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and (b) the Minister shall pay to the survivor, under section 40.3 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.3(2) of that Act and ending on March 31, 2019. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 123
No application — subsection 40.3(1) of former Act 123 If a veteran who died before April 1, 2019 was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit under section 40.1 or 40.2 of the former Act at the time of their death and the veteran’s survivor did not make an application for a retirement income security benefit under subsection 40.3(1) of the former Act before April 1, 2019, the following rules apply to the survivor: (a) if the veteran died before March 1, 2019, the survivor is deemed to have made an application for a retirement income support benefit under subsection 40.3(1) of the former Act on March 31, 2019; and (b) if the veteran died in the month of March 2019, (i) the survivor is deemed to have made an application for an income replacement benefit under subsection 26(1) of the new Act on April 1, 2019, (ii) for the purpose of that application, the veteran is deemed to have been entitled to the income replacement benefit at the time of their death, and (iii) if the Minister approves the application, then (A) the day referred to in paragraph 26(2)(a) of the new Act is April 1, 2019, (B) the monthly amount of the income replacement benefit that is payable to the survivor under section 26 of the new Act is determined under section 26.1 of that Act, subject to subsection 118(2), and (C) subsection 26.1(2) of the new Act does not apply. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 124
Amount paid — veterans 124 (1) The Minister shall pay the amount determined in accordance with subsection (2) to (a) a veteran who was at any time entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act but who, on March 31, 2019, was no longer entitled to that benefit, if that veteran has not received the supplementary retirement benefit to which they are entitled under subsection 25(1) of that Act before April 1, 2019; or (b) a veteran who, on March 31, 2019, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act. Calculation of amount (2) The amount payable to the veteran under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until March 31, 2019, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account. Reduction (3) The amount payable to the veteran is to be reduced by any amount of the supplementary retirement benefit that the veteran received before April 1, 2019. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 125
Amount paid — survivors under subsection 25(2) of former Act 125 (1) The Minister shall pay the amount determined in accordance with subsection (2) to a survivor who (a) is the survivor of a veteran who, at the time of their death, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act; (b) was not eligible to receive an earnings loss benefit under section 22 of the former Act on March 31, 2019; and (c) has not received a supplementary retirement benefit under subsection 25(2) of the former Act before April 1, 2019. Calculation of amount (2) The amount payable to the survivor under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 126
Amount paid — survivors under subsection 25(3) of former Act 126 (1) The Minister shall pay the amount determined in accordance with subsection (2) to (a) a survivor who was at any time entitled to the earnings loss benefit under section 22 of the former Act but who, on March 31, 2019, was no longer entitled to that benefit, if that survivor has not received a supplementary retirement benefit under subsection 25(3) of that Act before April 1, 2019; or (b) a survivor who, on March 31, 2019, was entitled to the earnings loss benefit under section 22 of the former Act. Calculation of amount (2) The amount payable to the survivor under subsection (1) is an amount equal to, (a) in the case of a member’s survivor, 2% of the total amount of the earnings loss benefit that would have been payable to the survivor under section 22 of the former Act until March 31, 2019, had any amounts that were payable to the survivor from prescribed sources referred to in subsection 23(3) of that Act not been taken into account; or (b) in the case of a veteran’s survivor, 2% of the sum of the following amounts: (i) the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account, and (ii) the total amount of the earnings loss benefit that would have been payable to the survivor under subsection 22 of the former Act until March 31, 2019, had any amounts that were payable to the survivor from prescribed sources referred to in subsection 23(3) of that Act not been taken into account. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 127
Lump sum 127 An amount that is to be paid under any of sections 124 to 126 is to be paid as a lump sum. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 128
Power to require information or document 128 The Minister may, for the purposes of establishing a person’s entitlement to an amount under any of sections 124 to 126, require that person to provide the Minister with any information or document specified by the Minister. 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 129
Deeming 129 An amount paid or payable under any of sections 124 to 126 is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1). 2018, c. 12, s. 157