GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Well-being Act — C-16.8 19
Amount of benefit — veteran under age 65 19 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who is under the age of 65 years — or to a veteran who has attained the age of 65 years, for the month in which the veteran attained that age — shall be determined by the formula A - B where A is 90% of the veteran’s imputed income for a month; and B is an amount that is payable to the veteran for a month from prescribed sources. Regulations (2) The Governor in Council may make regulations (a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination; (b) providing for a minimum amount of imputed income in respect of a class of veterans and for the periodic adjustment of that minimum amount; and (c) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month. (d) [Repealed, 2018, c. 12, s. 132] Career progression factor (3) If regulations made under paragraph (2)(a) provide for the periodic adjustment of a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment may only be applied if the Minister determines under subsection 18(5) that the veteran has a diminished earning capacity, and it shall not be applied after the earlier of (a) the last day of the prescribed number of years of service of the veteran in the Canadian Forces, and (b) the day before the day on which the veteran attains the age of 60 years. 2005, c. 21, s. 19; 2016, c. 7, s. 82 2018, c. 12, s. 132
Veterans Well-being Act — C-16.8 19.1
Amount of benefit — veteran 65 years or older 19.1 (1) Subject to the regulations and section 19, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who has attained the age of 65 years shall be determined by the formula A – B where A is 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they attain the age of 65 years had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; and B is an amount that is payable to the veteran for a month from prescribed sources. Regulations (2) The Governor in Council may make regulations (a) providing for the periodic adjustment of the amount determined for A in subsection (1); and (b) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month. 2018, c. 12, s. 133
Veterans Well-being Act — C-16.8 20
Examination or assessment 20 (1) The Minister may, for the purpose of determining whether a veteran continues to be entitled to an income replacement benefit under section 18, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister. Non-compliance (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may suspend the payment of the income replacement benefit. If the veteran continues to fail to undergo the medical examination or the assessment for a period of 30 days after the day on which payment of the benefit is suspended, the Minister may cancel the benefit. 2005, c. 21, s. 20; 2016, c. 7, s. 83 2018, c. 12, s. 133
Veterans Well-being Act — C-16.8 21
Suspension or cancellation 21 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 18 or cancel the benefit. 2005, c. 21, s. 21 2018, c. 12, s. 133
Veterans Well-being Act — C-16.8 22
Eligibility — service-related death before age 65 22 (1) The Minister may, on application, pay, in accordance with section 23, an income replacement benefit to a member’s or a veteran’s survivor or orphan if the member or veteran dies before the day on which they attain the age of 65 years as the result of (a) a service-related injury or disease; or (b) a non-service-related injury or disease that was aggravated by service. When benefit payable (2) The income replacement benefit begins to be payable on the later of (a) the first day of the month after the month in which the member or veteran dies, and (b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit. Duration of benefit (3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be, (a) to the survivor, on the first day of the month after the month in which the survivor dies; and (b) to the orphan, on the earlier of (i) the first day of the month after the month in which the orphan is no longer an orphan, and (ii) the first day of the month after the month in which the orphan dies. 2005, c. 21, s. 22 2018, c. 12, s. 133
Veterans Well-being Act — C-16.8 23
Amount of benefit 23 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 22 in respect of a member or a veteran is (a) for the month in which the member or veteran, if alive, would have attained the age of 65 years and any month before that month, 90% of the member’s or veteran’s imputed income for a month; and (b) for any month after the month in which the member or veteran, if alive, would have attained the age of 65 years, 70% of the amount determined by the formula A × B where A is 70%; and B is 90% of the member’s or veteran’s imputed income for a month. Division of benefit (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply: (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit; (b) if there is a survivor and one or more orphans, (i) the survivor is entitled to 50% of the income replacement benefit, and (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them; (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans. Reduction — survivor (3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources. Regulations (4) The Governor in Council may make regulations (a) respecting, for the purposes of paragraphs (1)(a) and (b), the determination of the imputed income in respect of a class of members or veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination; (b) providing for a minimum amount of imputed income in respect of a class of members or veterans and for the periodic adjustment of that minimum amount; (c) providing for the periodic adjustment of the amount of the income replacement benefit calculated in accordance with subsection (1); and (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month. Career progression factor (5) If regulations made under paragraph (4)(a) provide for the periodic adjustment of a member’s or a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment shall not be applied after the earlier of (a) the last day of the prescribed number of years of service of the member or veteran in the Canadian Forces, and (b) the day before the day the member or veteran, if alive, would have attained the age of 60 years. 2005, c. 21, s. 23; 2016, c. 7, s. 84 2018, c. 12, s. 134
Veterans Well-being Act — C-16.8 24
Eligibility — non-service-related death before age 65 24 (1) The Minister may, on application, pay, in accordance with section 25, an income replacement benefit to a veteran’s survivor or orphan if the veteran (a) dies before the day on which they attain the age of 65 years as the result of an injury or a disease other than (i) a service-related injury or disease, or (ii) a non-service-related injury or disease that was aggravated by service; and (b) was entitled to the income replacement benefit at the time of their death. Lump sum (2) The benefit is to be paid as a lump sum. 2005, c. 21, s. 24 2018, c. 12, s. 135
Veterans Well-being Act — C-16.8 25
Amount of benefit 25 (1) The amount of the income replacement benefit that is payable under section 24 in respect of a veteran is (a) 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; or (b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account. Division of benefit (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply: (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit; (b) if there is a survivor and one or more orphans, (i) the survivor is entitled to 50% of the income replacement benefit, and (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them; (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans. 2005, c. 21, s. 25 2018, c. 12, s. 135
Veterans Well-being Act — C-16.8 26
Eligibility — veteran’s death at age 65 years or older 26 (1) The Minister may, on application, pay, in accordance with section 26.1, an income replacement benefit to a veteran’s survivor or orphan if the veteran dies on or after the day on which they attain the age of 65 years and the veteran was entitled to the income replacement benefit at the time of their death. When benefit payable (2) The income replacement benefit begins to be payable on the later of (a) the first day of the month after the month in which the veteran dies, and (b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit. Duration of benefit (3) Subject to section 26.2, the income replacement benefit ceases to be payable, as the case may be, (a) to the survivor, on the first day of the month after the month in which the survivor dies; and (b) to the orphan, on the earlier of (i) the first day of the month after the month in which the orphan is no longer an orphan, and (ii) the first day of the month after the month in which the orphan dies. 2005, c. 21, s. 26 2018, c. 12, s. 135
Veterans Well-being Act — C-16.8 26.1
Amount of benefit 26.1 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 26 in respect of a veteran is (a) 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account; or (b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99, 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.1(1) not been taken into account. Division of benefit (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply: (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit; (b) if there is a survivor and one or more orphans, (i) the survivor is entitled to 50% of the income replacement benefit, and (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them; (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans. Reduction — survivor (3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the veteran — from prescribed sources. Regulations (4) The Governor in Council may make regulations (a) providing for the periodic adjustment of the income replacement benefit calculated in accordance with subsection (1); and (b) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month. 2018, c. 12, s. 135
Veterans Well-being Act — C-16.8 26.2
Suspension or cancellation 26.2 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 22 or 26 or cancel the benefit. 2018, c. 12, s. 135
Veterans Well-being Act — C-16.8 27
Eligibility — veterans 27 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran who has been in receipt of an income replacement benefit under section 18 — or would, but for their level of income, have been in receipt of it — if (a) the veteran is no longer entitled to the income replacement benefit; (b) the veteran meets the prescribed employment-related criteria; and (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the veteran would result in an amount greater than zero. 2005, c. 21, s. 27 2018, c. 12, s. 136
Veterans Well-being Act — C-16.8 28
Eligibility — survivors 28 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran’s survivor if the veteran was in receipt of that benefit at the time of their death and if (a) the veteran dies as the result of an injury or a disease other than an injury or a disease described in paragraph 29 (a); (b) the survivor meets the prescribed employment-related criteria; and (c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the survivor would result in an amount greater than zero.
Veterans Well-being Act — C-16.8 29
Eligibility — survivors 29 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s survivor if (a) the member or veteran dies as a result of (i) a service-related injury or disease, or (ii) a non-service-related injury or disease that was aggravated by service; and (b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.
Veterans Well-being Act — C-16.8 30
Eligibility — orphans 30 The Minister may, on application, pay a Canadian Forces income support benefit to a veteran’s orphan if (a) the veteran dies as a result of an injury or a disease other than an injury or a disease described in paragraph 31(a); and (b) the veteran was in receipt of that benefit at the time of their death.
Veterans Well-being Act — C-16.8 31
Eligibility — orphans 31 The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s orphan if (a) the member or veteran dies as a result of (i) a service-related injury or disease, or (ii) a non-service-related injury or disease that was aggravated by service; and (b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.
Veterans Well-being Act — C-16.8 32
When benefit payable 32 The Canadian Forces income support benefit under section 29 , 30 or 31 begins to be payable on the later of (a) the first day of the month after the month in which the member or veteran died, and (b) the first day of the month that is one year prior to the month in which the application for the benefit is approved in respect of the survivor or orphan, as the case may be.
Veterans Well-being Act — C-16.8 33
Restrictions on residence 33 A Canadian Forces income support benefit may be paid to a person only if the person resides in Canada.
Veterans Well-being Act — C-16.8 34
Payment for entire month 34 If, in a month, a person who is in receipt of a Canadian Forces income support benefit dies or ceases to reside in Canada, the benefit shall be paid as if the person were entitled to the benefit for that entire month.
Veterans Well-being Act — C-16.8 35
Requirement to participate 35 (1) A Canadian Forces income support benefit under section 27 or 28 is only payable for each month that the veteran or survivor participates — to the extent required to meet the objectives of the program — in a career transition services program that is approved by the Minister. Exception (2) Subsection (1) does not apply to a veteran or a survivor who has attained the age of 65 years. Exemption (3) The Minister may exempt a veteran or a survivor from the application of subsection (1), subject to any terms and conditions that the Minister considers appropriate, and the Minister may cancel the exemption. When benefit is payable (4) Subject to subsection (5), the Canadian Forces income support benefit under section 27 or 28 begins to be payable on the earlier of (a) the first day of the month in which the veteran or the survivor starts a career transition services program referred to in subsection (1), and (b) the first day of the month in which the Minister grants the veteran or survivor an exemption under subsection (3). Exception — applicant over 65 years of age (5) If an application for a Canadian Forces income support benefit under section 27 or 28 is approved in respect of a veteran or a survivor who has attained the age of 65 years, the benefit begins to be payable on the first day of the month in which the application is approved. Duration of benefit (6) Subject to section 36 , a Canadian Forces income support benefit under section 27 or 28 ceases to be payable on the earlier of (a) the last day of the month in which the veteran or survivor ceases to participate in a career transition services program referred to in subsection (1), unless the veteran or survivor is exempt from the application of that subsection, (b) the last day of the month in which the veteran or survivor no longer meets the prescribed employment-related criteria, and (c) the last day of the month in which a calculation made under subsection 37(1) in respect of the veteran or survivor would result in an amount equal to or less than zero. 2005, c. 21, s. 35; 2011, c. 12, s. 7
Veterans Well-being Act — C-16.8 36
Suspension or cancellation 36 The Minister may suspend the payment of a Canadian Forces income support benefit or cancel the benefit, in the prescribed circumstances.
Veterans Well-being Act — C-16.8 37
Amount of benefit 37 (1) Subject to subsection (2), the amount of the Canadian Forces income support benefit payable under sections 27 to 31 for each month in a current payment period shall be determined by the formula A - B - C where A is (a) in the case of a veteran, the sum of the applicable amounts set out in column 2 of items 1 to 3 of Schedule 1, (b) in the case of a survivor, the amount set out in column 2 of item 4 of Schedule 1, and (c) in the case of an orphan, the amount set out in column 2 of item 5 of Schedule 1; B is (a) in the case of a veteran, 1/12 of the income of the veteran and the veteran’s spouse or common-law partner, if any, for the base calendar year, (b) in the case of a survivor, 1/12 of the survivor’s income for the base calendar year, and (c) in the case of an orphan, 1/12 of the orphan’s income for the base calendar year; and C is (a) in the case of a veteran, the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner, if any, from prescribed sources, (b) in the case of a survivor, the total of the current monthly benefits payable to the survivor from prescribed sources, and (c) in the case of an orphan, the total of the current monthly benefits payable to the orphan from prescribed sources. Veteran couples (2) If the spouses or common-law partners are both veterans to whom a Canadian Forces income support benefit is payable, the following rules apply in respect of each veteran: (a) the value of A in subsection (1) is the sum of (i) the amount set out in column 2 of item 1 of Schedule 1, and (ii) in respect of each dependent child of the veteran, and each dependent child of the veteran’s spouse or common-law partner who is not a dependent child of the veteran, 1/2 of the amount set out in column 2 of item 3 of Schedule 1; (b) the value of B in subsection (1) is 1/24 of the income of the veteran and the veteran’s spouse or common-law partner for the base calendar year; and (c) the value of C in subsection (1) is 1/2 of the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner from prescribed sources.
Veterans Well-being Act — C-16.8 41
Governor in Council 41 The Governor in Council may make regulations (a) providing for the notification of the Minister, by persons who are entitled to an income replacement benefit or a Canadian Forces income support benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1), 19.1(1), 23(3) or 26.1(3), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable; (b) respecting what constitutes a diminished earning capacity; (b.1) respecting the manner of determining whether a veteran has a diminished earning capacity that is due to a physical or a mental health problem; (b.2) respecting what constitutes a year of service in the Canadian Forces, for the purposes of subsections 19(3) and 23(5); (c) defining base calendar year , income and payment period for the purposes of section 37 ; (d) providing for the increase of any amount set out in column 2 of Schedule 1 in case of any increase in the amount of a pension or a supplement, as those terms are defined in section 2 of the Old Age Security Act , as a result of amendments to that Act; (e) respecting the payment of expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan; and (f) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of sections 33 and 34 . (g) [Repealed, 2018, c. 12, s. 138] 2005, c. 21, s. 41; 2015, c. 36, s. 211; 2016, c. 7, s. 87 2018, c. 12, s. 138