Veterans Well-being Act — C-16.8 18
Eligibility 18 (1) The Minister may, on application, pay, in accordance with section 19 or 19.1, an income replacement benefit to a veteran who makes an application under section 8 and who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life. Veteran’s participation (2) Subject to subsection (9), a veteran who is informed by the Minister of their entitlement to an income replacement benefit is required (a) to participate in the assessment of their needs under subsection 10(1); and (b) if the Minister determines, as a result of that assessment, that a rehabilitation plan should be developed for the veteran, to participate in the development and implementation of the plan. When benefit payable (3) Subject to subsection (4), the income replacement benefit begins to be payable on the later of (a) the first day of the month in which the Minister determines that the veteran has provided all the prescribed information, and (b) the day that is one year before the first day of the month in which the Minister determines that the veteran is entitled to the benefit. Release from Canadian Forces (4) If the determination referred to in paragraph (3)(a) is made before the day on which the veteran is released from the Canadian Forces, then the day referred to in that paragraph is the first day of the month in which the veteran is released 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. Determination — diminished earning capacity (5) If a rehabilitation plan is developed under section 10 for the physical or mental health problem referred to in subsection (1) for a veteran who is entitled to the income replacement benefit, then the Minister shall, in accordance with the regulations, determine whether the veteran has a diminished earning capacity that is due to that health problem, before the earlier of (a) the day on which the veteran completes the rehabilitation plan, and (b) the day on which the veteran attains the age of 65 years. Duration of benefit (6) Subject to subsections (7) and 20(2) and section 21, the income replacement benefit ceases to be payable on the earlier of (a) the first day of the month after the month in which the Minister determines, as a result of an assessment of the veteran’s needs under subsection 10(1), that a rehabilitation plan should not be developed for the veteran, (b) the first day of the month after the month in which the veteran completes the rehabilitation plan referred to in subsection (5) or the rehabilitation plan is cancelled, (c) the first day of the month after the month in which the veteran attains the age of 65 years, and (d) the first day of the month after the month in which the veteran dies. Continuation (7) If the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem referred to in subsection (1), the income replacement benefit continues to be payable to the veteran even if the rehabilitation plan has been completed or cancelled or the veteran has attained the age of 65 years, but the benefit 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 no longer has a diminished earning capacity that is due to that health problem, and (b) the first day of the month after the month in which the veteran dies. Deeming (8) If the Minister makes the determination referred to in subsection (5) after the day on which the veteran attains the age of 65 years because the Minister was of the opinion that the reasons for delaying the determination were reasonable in the circumstances, that determination is deemed, for the purposes of subsection (7), to have been made before that day. Non-application of subsection (2) (9) Subsection (2) does not appl