Marginal note:Eligibility — survivors

12. The Minister may, on application, provide rehabilitation services or vocational as­sistance to a member’s or a veteran’s survivor, if the member or veteran dies as a result of

• (a) a service-related injury or disease; or

• (b) a non-service-related injury or disease that was aggravated by service.

Marginal note:Assessment of needs

• 13. (1) The Minister shall, on approving an application made under subsection 11(1) or section 12, assess the vocational assistance needs of the spouse, common-law partner or survivor and, if such needs are identified, shall assess the person’s medical, psycho-social and vocational rehabilitation needs.

• Marginal note:Vocational assistance plan

  (2) The Minister may, for the purpose of restoring the earnings capacity of the spouse, common-law partner or survivor to a level that the Minister determines to be reasonable, given the person’s education, skills and experience, develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

• Marginal note:Rehabilitation plan

  (3) The Minister may, to the extent necessary to achieve the purpose set out in subsection (2), develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

• Marginal note:Development of plan

  (4) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

  • (a) have regard to any prescribed principles and factors; and

  • (b) be guided by current research in the fields of rehabilitation and vocational assistance.

Marginal note:Duration of plan

• 14. (1) The duration of a rehabilitation plan or a vocational assistance plan shall be fixed by the Minister.

• Marginal note:Evaluation of plan

  (2) The Minister may evaluate a rehabilitation plan or a vocational assistance plan at any time, and may modify the plan or change its duration.

Marginal note:Examination or assessment

• 15. (1) The Minister may, when evaluating a rehabilitation plan, require the person for whom the plan has been developed to undergo a medical examination or an assessment by a person specified by the Minister.

• Marginal note:Assessment

  (2) The Minister may, when evaluating a vocational assistance plan, require a person for whom the plan has been developed to undergo an assessment by a person specified by the Minister.

• Marginal note:Non-compliance

  (3) If a person who is required to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the rehabilitation plan or the vocational assistance plan.

Marginal note:Refusal to provide services or assistance

• 16. (1) The Minister may refuse to provide rehabilitation services or vocational assistance to a person to the extent they are available to the person as an insured service under a provincial health care system, a provincial or federal workers’ compensation plan or any other plan that may be prescribed.

• Marginal note:Refusal to provide services or assistance

  (2) The Minister may refuse to provide rehabilitation services or vocational assistance, in whole or in part, to a person if those services or that assistance has already been provided or if the Minister considers that the refusal is reasonable in the circumstances.

Marginal note:Cancellation

17. The Minister may cancel a rehabilitation plan or a vocational assistance plan in the prescribed circumstances.

Earnings Loss Benefit

Marginal note:Eligibility — veterans

• 18. (1) The Minister may, on application, pay an earnings loss benefit to a veteran if the Minister determines, as a result of an assessment made in accordance with subsection 10(1), that a rehabilitation plan or a vocational assistance plan should be developed for the veteran.

• Marginal note:When benefit payable

  (2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed.

• Marginal note:Duration of benefit

  (3) Subject to subsection (4) and section 21, the earnings loss benefit is payable to a veteran until the earlier of

  • (a) the day on which the veteran completes the rehabilitation plan or the vocational assistance plan,

  • (b) the day on which the rehabilitation plan or the vocational assistance plan is cancelled, and

  • (c) the day on which the veteran attains the age of 65 years.

• Marginal note:Continuation of benefit

  (4) If the Minister determines that the veteran is unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by the physical or mental health problem for which the rehabilitation plan was developed, the earnings loss benefit continues to be payable to the veteran after the plan has been completed or cancelled until the earlier of

  • (a) the day on which the Minister determines that the veteran is no longer unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by that health problem, and

  • (b) the day on which the veteran attains the age of 65 years.

Marginal note:Amount of benefit

• 19. (1) Subject to the regulations, the monthly amount of the earnings loss benefit under section 18 that is payable to a veteran shall be determined in accordance with the formula

  A - B

  where

  A

  is 75% 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.

• Marginal note: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;

  • (b) prescribing a minimum or a maximum amount of imputed income in respect of a class of veterans;

  • (c) providing for the periodic adjustment of the value of A and B in subsection (1); and

  • (d) respecting the determination, for the purpose of the value of B in subsection (1), of an amount payable to a veteran for a month.

Marginal note:Examination or assessment

• 20. (1) The Minister may, for the purpose of determining whether a veteran may continue to receive an earnings loss benefit, require a veteran who, as a result of a determination of total and permanent incapacity, is in receipt of an earnings loss benefit under section 18 — or would, but for their level of income, be in receipt of it — to undergo a medical examination or an assessment by a person specified by the Minister.

• Marginal note: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 cancel the earnings loss benefit.

Marginal note:Cancellation

21. The Minister may cancel an earnings loss benefit that is payable under section 18 in the prescribed circumstances.

Marginal note:Eligibility — survivors and orphans

• 22. (1) The Minister may, on application, pay, in accordance with section 23, an earnings loss benefit to a member’s or a veteran’s survivor or orphan, if the member or veteran dies 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.

• Marginal note:When benefit payable

  (2) The earnings loss benefit begins to be payable on the later of

  • (a) the day after the day of the member’s or veteran’s death, and

  • (b) the day that is one year prior to the day on which the application for the benefit is approved in respect of the survivor or orphan, as the case may be.

• Marginal note:Duration of benefit

  (3) The earnings loss benefit ceases to be payable on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Marginal note:Amount of benefit

• 23. (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section 22 that is payable in respect of a member or a veteran is 75% of the member’s or veteran’s imputed income for a month.

• Marginal note:Division of benefit

  (2) If an earnings loss 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 earnings loss benefit;

  • (b) if there is a survivor and one or more orphans,

    • (i) the survivor is entitled to 60% of the earnings loss benefit, and

    • (ii) the orphans are entitled, as a class, to 40% of the earnings loss benefit, divided equally among them; and

  • (c) if there are one or more orphans but no survivor, each orphan is entitled to the lesser of

    • (i) 40% of the earnings loss benefit, and

    • (ii) the amount obtained by dividing the earnings loss benefit by the number of those orphans.

• Marginal note:Deductions for survivor

  (3) Subject to the regulations, the monthly amount of the earnings loss benefit that is payable to a survivor shall be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

• Marginal note:Regulations

  (4) 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 members or veterans;

  • (b) prescribing a minimum or a maximum amount of imputed income in respect of a class of members or veterans;

  • (c) providing for the periodic adjustment of an earnings loss benefit calculated in accord­ance with subsection (1) and an amount determined for the purposes of subsection (3); and

  • (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a survivor for a month.

Marginal note:Benefit to be pro rata

24. If an earnings loss benefit is payable for only part of a month, the benefit shall be paid pro rata, based on a 30-day month.

Supplementary Retirement Benefit

Marginal note:Eligibility — veterans

• 25. (1) The Minister may, on application, pay a supplementary retirement benefit to a veteran who has been in receipt of an earnings loss benefit in accordance with subsection 18(4) — or would, but for their level of income, have been in receipt of it — if the veteran is no longer entitled to that benefit.

• Marginal note:Eligibility — survivors

  (2) The Minister may, on application, pay a supplementary retirement benefit to a veteran’s survivor if

  • (a) the veteran, at the time of their death, was in receipt of an earnings loss benefit in accordance with subsection 18(4) or would, but for their level of income, have been in receipt of it; and

  • (b) the survivor is not eligible to receive an earnings loss benefit under section 22.

• Marginal note:Eligibility — survivors

  (3) The Minister may, on application, pay a supplementary retirement benefit to a member’s or a veteran’s survivor if the survivor has been in receipt of an earnings loss benefit under section 22 but is no longer entitled to that benefit.

Marginal note:Amount of benefit

26. The Governor in Council may make regulations respecting the amount of the supplementary retirement benefit payable in respect of any class or classes of veterans or survivors.

Canadian Forces Income Support Benefit

Marginal note: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 earnings loss 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 earnings loss 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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Restrictions on residence

33. A Canadian Forces income support benefit may be paid to a person only if the person resides in Canada.

Marginal note: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.

Marginal note: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 job placement program that is approved by the Minister.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a veteran or a survivor who has attained the age of 65 years.

• Marginal note: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.

• Marginal note: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 job placement 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).

• Marginal note: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.

• Marginal note: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 job placement 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.