GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
War Veterans Allowance Act — W-3
surviving spouse , in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a divorced spouse of that individual; ( époux survivant )
War Veterans Allowance Act — W-3 (a)
survivor , in relation to an individual, means (a) a surviving spouse or surviving common-law partner of that individual who is not a veteran and who has not remarried or married, as the case may be, or acquired a subsequent common-law partner, (b) a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has remarried or married, as the case may be, and whose spouse of that marriage dies or whose marriage ends in dissolution or legal separation, and (c) a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has acquired a subsequent common-law partner and whose subsequent common-law partner dies or who ceases to cohabit with that common-law partner; ( survivant )
War Veterans Allowance Act — W-3 (a)
veteran means any former member of the North West Field Force and any of the following persons, more particularly described in section 37, namely, (a) [Repealed, 2015, c. 3, s. 167] (b) a Canadian veteran of World War I or World War II, (b.1) a merchant navy veteran of World War I or World War II, (c) an allied veteran, (d) a Canadian dual service veteran, (e) an allied dual service veteran, (f) a Canadian Forces veteran, and (g) a Canadian merchant navy veteran of the Korean War. ( ancien combattant )
War Veterans Allowance Act — W-3
widow , widower or surviving spouse [Repealed, 2000, c. 12, s. 317]
War Veterans Allowance Act — W-3 3
Status of males and females 3 Male and female veterans under this Act enjoy equality of status and, subject to subsection 4(2), equal rights and obligations under this Act. 1974-75-76, c. 8, s. 2
War Veterans Allowance Act — W-3 4
section if each veteran were a veteran without a spouse or common-law partner. Veteran couples (6.1) Where one of the veterans referred to in subsection (6) is not entitled to any allowance under that subsection, each may be paid the allowance that would be payable under this section if each veteran (a) were a veteran without a spouse or common-law partner; and (b) had one half of the aggregate of the income and benefits of both veterans. Dependent child allowance exception (7) Notwithstanding subsection (6), either veteran referred to in that subsection is entitled to an allowance in respect of a dependent child of either or both of the veterans. If couple not residing together (8) If the Minister is satisfied that an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together as a result of one or both of them having to reside in a treatment or care facility or as a result of any other circumstances that are prescribed by regulations made under section 25, the Minister may direct that the applicant and spouse or common-law partner, or the recipient and spouse or common-law partner, as the case may be, be treated in the same manner as if they were persons referred to in subsection (6) and each person had one half of the aggregate of the income and benefits of both persons, and in that case, if the Minister deems it appropriate, the Minister shall apportion the allowances payable to them having regard to the circumstances of each of them and any dependent children involved. R.S., 1985, c. W-3, s. 4; R.S., 1985, c. 7 (1st Supp.), s. 2, c. 12 (2nd Supp.), s. 10; 1990, c. 43, s. 33; 1995, c. 18, s. 103; 1998, c. 21, s. 124; 2000, c. 12, ss. 318, 326(F), 327(E), 332 to 334, c. 34, ss. 70, 90(E); 2009, c. 20, s. 2; 2013, c. 33, s. 157
War Veterans Allowance Act — W-3 6
When allowance to cease 6 Subject to this Act, an allowance payable under section 4 or awarded under section 5 shall continue to be paid during the lifetime of the person to whom or in respect of whom the allowance is paid and shall cease with the payment for the month in which the death of that person occurs. R.S., c. W-5, s. 5; 1976-77, c. 28, s. 49(F); 1980-81-82-83, c. 19, s. 28
War Veterans Allowance Act — W-3 6.2
Continuation of allowance 6.2 (1) Subject to this Act, an allowance payable under section 4 or awarded under section 5, on or before February 27, 1995, to or in respect of a person who is an allied veteran within the meaning of paragraph 37(4)(b) or an allied dual service veteran within the meaning of paragraph 37(6)(b), as those paragraphs read immediately before that day, shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies. Continuation of right to allowance (2) Subject to this Act but notwithstanding subsections 4(4) and (5), a survivor or orphan of an allied veteran or an allied dual service veteran to whom payment of an allowance was continued by subsection (1) may, on or after February 27, 1995, apply for and be paid an allowance under section 4 or be awarded an allowance under section 5, and any allowance so paid or awarded shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies. When no allowance payable (3) No allowance under section 4 or 5 shall be paid to or in respect of a person referred to in subsection (1) or (2) for any month after February, 1996 in which the person resides outside Canada. Residency requirement (4) In determining the rate of an allowance referred to in subsection (1) or (2) after February 29, 1996, a person is maintained by another, dependent on another or a dependent child of another only if the person is resident in Canada. Exceptions (5) Notwithstanding subsections (3) and (4), a person to whom subsection (1) or (2) applies who (a) at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada, or (b) was the spouse, common-law partner or child of an allied veteran or an allied dual service veteran referred to in subsection (1) who, at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada shall, subject to this Act, be paid their allowance, during their lifetime, for any month beginning after February 1996 in which the person resides outside Canada and ending with such month as the Minister may fix by order. Status as spouse, common-law partner or child (6) For the purposes of subsection (5), no person is to be considered a spouse, common-law partner or child under paragraph (5)(b) if they acquire their status as spouse, common-law partner or child after December 2, 1998. 1995, c. 17, s. 70; 1999, c. 10, s. 2; 2000, c. 12, ss. 328, 332
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Application for allowance 8 No allowance is payable under section 4 unless an application therefor has been made in accordance with this Act and the regulations and the allowance has been awarded. R.S., c. W-5, s. 7
War Veterans Allowance Act — W-3 8.1
Statement of income to be made 8.1 (1) Every person who makes an application for an allowance shall include in the application a statement of the income of the person and the person’s spouse or common-law partner, if any, for the base calendar year. (1.1) and (1.2) [Repealed, 2000, c. 34, s. 72] Option to file statement of estimated income (2) If there is an ongoing decrease in the income of an applicant, a recipient or, when applicable, the spouse or common-law partner of an applicant or a recipient, beginning in any month in the period between the beginning of the base calendar year and the end of the current payment period, the applicant or recipient may file with the Minister, in addition to any statement required under subsection (1) or 27(1), a statement of the estimated monthly income of the applicant or recipient and, when applicable, of the spouse or common-law partner of the applicant or recipient. Effect on amount of monthly allowance (3) The monthly allowance payable to the applicant or recipient referred to in subsection (2) for the month in which the decrease in income began, and for any subsequent month in the previous and current payment periods, shall be based on the estimated monthly income if (a) the estimated monthly income is less than (b) one twelfth of the income for the base calendar year applicable to that month by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1). Continuation of allowance based on estimated income (4) If a recipient’s monthly allowance for the last month of the previous payment period was based on estimated monthly income, the monthly allowance payable for the current payment period may be based on the same estimated monthly income if (a) that estimated monthly income continues to be less than (b) one twelfth of the income for the base calendar year applicable to the current payment period by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1). If ongoing increase in income occurs (5) Each time that a recipient whose allowance is based on estimated monthly income experiences an ongoing increase in income or, when applicable, in the income of their spouse or common-law partner, (a) the recipient shall without delay notify the Minister of the increase; and (b) the calculation of the recipient’s monthly allowance for the month in which the increase began, and for subsequent months in the current payment period, shall be based on that increase. R.S., 1985, c. 7 (1st Supp.), s. 5, c. 12 (2nd Supp.), s. 12; 1990, c. 43, s. 35; 1998, c. 21, ss. 123, 124; 2000, c. 12, s. 325, c. 34, s. 72
War Veterans Allowance Act — W-3 9
Enemy forces 9 No allowance shall be paid to any person who served in enemy forces during either World War II or the Korean War. R.S., 1985, c. W-3, s. 9; 2009, c. 20, s. 3
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Survivor 10 (1) Subject to subsection (2), no allowance shall be paid to the survivor of a veteran unless the survivor was residing with, maintaining or being maintained by the veteran at the time of the veteran’s death. Exemption (2) The Minister may exempt any survivor from the operation of subsection (1) in any case where the Minister deems it just and reasonable to do so. R.S., 1985, c. W-3, s. 10; 2000, c. 12, ss. 329(E), 332, c. 34, s. 90(E)
War Veterans Allowance Act — W-3 11
Recent marriage 11 Notwithstanding anything in this Act, no allowance under section 4 shall be paid and no allowance under section 5 shall be awarded to the surviving spouse of a veteran if the veteran dies within one year after the date of the marriage, unless, in the opinion of the Minister (a) the veteran was at the time of that marriage in such a condition of health as to justify the veteran in having an expectation of life of at least one year; or (b) the circumstances surrounding the marriage and subsequent death of the veteran are of such a special nature as to merit the payment or award of an allowance. R.S., 1985, c. W-3, s. 11; 2000, c. 12, s. 330(F), c. 34, s. 90(E)
War Veterans Allowance Act — W-3 12
Allowance only to dependent child 12 (1) Except where an allowance is payable to a person other than by virtue of that person being a child, no allowance shall be paid to or in respect of a child unless the child is a dependent child. Discontinuance of child allowance (2) Payment of an allowance to or in respect of a dependent child shall be suspended where the child is being wholly maintained at the expense of a provincial or municipal institution or by any branch or agency of the Government of Canada, other than the Department. Commencement or discontinuance of allowance for dependent child (3) An allowance to or in respect of a dependent child who in any month becomes or ceases to be eligible for an allowance shall be paid as if the dependent child was eligible for the allowance for the whole month and not just a part thereof. R.S., c. W-5, s. 12; 1974-75-76, c. 8, s. 8; 1980-81-82-83, c. 19, s. 32; 1984, c. 19, s. 7
War Veterans Allowance Act — W-3 13
Rights under Pension Act 13 The right of any veteran to receive a pension under the Pension Act is not affected by anything in this Act or by the receipt of any allowance. R.S., 1985, c. W-3, s. 13; 2013, c. 33, s. 158
War Veterans Allowance Act — W-3 14
Absence from Canada 14 (1) Where a recipient of an allowance under section 4 absents themself from Canada, payment of the allowance shall, subject to subsection (4) of that section, be suspended immediately following the payment for the month in which the recipient so absents themself, but may be resumed when the recipient returns to Canada. On imprisonment of recipient (2) Where, on or after July 17, 1980, a recipient of an allowance is convicted of an offence and sentenced to a term of imprisonment, the payment of the allowance shall be suspended from the first day of the seventh month of that imprisonment until the release from imprisonment except that the payment thereof may be continued where the Minister is of the opinion that, (a) where a spouse, common-law partner or child of the recipient is entitled to be supported by the recipient at the time of the recipient’s conviction, the spouse, common-law partner or child continues to be entitled to that support; or (b) the continuation of the payment of the allowance would assist the recipient in his or her rehabilitation. On imprisonment of applicant (3) Where an applicant for an allowance who is serving a term of imprisonment is eligible for an allowance, an allowance may be awarded to the applicant and may be paid during that imprisonment where the Minister is of the opinion that (a) a spouse, common-law partner or child of the applicant is entitled to be supported by the applicant at the time of the applicant’s conviction and the spouse, common-law partner or child continues to be entitled to that support; or (b) the payment of the allowance would assist the applicant in his or her rehabilitation. R.S., 1985, c. W-3, s. 14; 2000, c. 12, s. 328, c. 34, s. 90(E)
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Payments to other persons 15 (1) Where the Minister is of the opinion that a recipient would be likely to apply the amount of any allowance otherwise than to the best advantage, the Minister may direct the payments to be made to and administered by such person as the Minister selects. Holding of allowance for recipient in certain cases (2) Where it appears to the Minister that a recipient is, (a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or (b) not maintaining a spouse, common-law partner or dependent child, the Minister may direct that the allowance payable to the recipient be held and administered by the Minister or a person or agency selected by the Minister for the benefit of the recipient and the spouse, common-law partner or dependent child, as the case may be. Minimum payment to recipient (3) In circumstances where paragraph (2)(a) does not apply but paragraph (2)(b) applies, the Minister or person or agency may hold and administer only that portion, if any, of the allowance of a recipient in excess of the amount of allowance that would be payable to the recipient if the recipient were a person to whom the income factor specified in column II of the schedule opposite paragraph 1(a) or, if the recipient is blind, opposite paragraph 1(d), applied. R.S., 1985, c. W-3, s. 15; R.S., 1985, c. 37 (3rd Supp.), s. 18; 2000, c. 12, s. 320
War Veterans Allowance Act — W-3 16
Indebtedness to Director of Veterans’ Land Act 16 For the purpose of ensuring continued occupancy by a recipient of a home acquired by the recipient under the Veterans’ Land Act , chapter V-4 of the Revised Statutes of Canada, 1970, the Minister may, with the consent in writing of the recipient, enter into an arrangement with The Director, The Veterans’ Land Act to pay to that Director out of the recipient’s allowance an amount not exceeding the amount of principal and interest, calculated on a monthly basis, as provided in the recipient’s agreement of sale with The Director, The Veterans’ Land Act to be applied against the indebtedness of the recipient under the Veterans’ Land Act . R.S., 1985, c. W-3, s. 16; 2000, c. 34, s. 90(E)
War Veterans Allowance Act — W-3 17
No assignment, seizure, etc. 17 (1) Except as provided in this Act, no allowance is subject to (a) assignment, alienation or transfer by the recipient; or (b) seizure or execution, either at law or in equity. Exception (2) Notwithstanding subsection (1), where any provincial or municipal authority in a province pays a person any advance, assistance or welfare payment for a period that would not be paid if an allowance had been paid for that period, and subsequently an allowance becomes payable or payment of an allowance may be made under this Act to that person for that period, the Minister may, in accordance with such terms and conditions as are prescribed by regulations made under section 25, deduct from that allowance and pay to the government of the province or to the municipal authority an amount not exceeding the amount of the advance, assistance or welfare payment paid, if that person had before receiving the advance, assistance or welfare payment from the government of the province or the municipal authority consented in writing to the deduction and payment. R.S., 1985, c. W-3, s. 17; 2000, c. 34, s. 74
War Veterans Allowance Act — W-3 19
Quarterly adjustment of income factor 19 (1) The income factors specified in column II of the schedule shall be adjusted quarterly, in such manner as may be prescribed by regulation of the Governor in Council, so that the income factor applicable for a month in any payment quarter is an amount equal to the product obtained by multiplying (a) the income factor that would have been applicable for that month if no adjustment had been made under this section with respect to that payment quarter, by (b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter. References (2) Wherever in this Act reference is made to an income factor specified in column II of the schedule, the reference shall be construed as a reference to that income factor adjusted where applicable in the manner provided in this section and sections 20 and 21. 1972, c. 12, s. 3; 1973-74, c. 9, s. 4; 1974-75-76, c. 8, s. 10; 1980-81-82-83, c. 19, s. 37; 1984, c. 19, s. 12
War Veterans Allowance Act — W-3 20
20 (1) [Repealed, 2000, c. 34, s. 77] No adjustment where Consumer Price Index lower (2) Where, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter, (a) no adjustment shall be made pursuant to subsection 19(1) in respect of that payment quarter; and (b) no adjustment shall be made pursuant to that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in paragraph (a) shall be deemed to be the second adjustment quarter that relates to that subsequent payment quarter. R.S., 1985, c. W-3, s. 20; 2000, c. 34, s. 77
War Veterans Allowance Act — W-3 21
Where basis of Consumer Price Index changed 21 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new time basis or a new content basis with a resulting percentage adjustment being made in the figures for that Index, a corresponding percentage adjustment shall be made in the Consumer Price Index with respect to any adjustment quarter or other period that is used for the purpose of adjusting the income factors specified in column II of the schedule. 1972, c. 12, s. 3; 1974-75-76, c. 8, s. 10; 1980-81-82-83, c. 19, s. 38
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Increases 22 (1) The income factors specified in column II of the schedule, except the income factor specified for orphans and children, shall be increased simultaneously with and by the same amount as any increase in the amount of each of the Old Age Security pension and the Guaranteed Income Supplement provided from time to time by amendments to the Old Age Security Act , other than regular quarterly adjustments made under that Act in relation to the Consumer Price Index. (2) and (3) [Repealed, 2000, c. 34, s. 78] R.S., 1985, c. W-3, s. 22; 2000, c. 34, s. 78
War Veterans Allowance Act — W-3 24
Certificates as evidence 24 In any trial, prosecution or other proceeding, (a) a certificate purporting to be signed by the Minister and setting out the amount of allowance obtained and the portion thereof that remains unrepaid or unrecovered as of any day is evidence of the amount of the allowance obtained and the portion thereof that remains unrepaid or unrecovered as of that day, and (b) a document purporting to be an adjudication of the Minister or of the Board is evidence of the facts stated therein, without proof of the signature or official character of any person appearing to have signed the certificate or document and without further proof thereof. R.S., 1985, c. W-3, s. 24; R.S., 1985, c. 20 (3rd Supp.), ss. 31, 38(F)