Retirement Income Security Benefit

Marginal note:Eligibility — veteran eligible for earnings loss benefit

• 40.1 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

  • (a) has attained the age of 65 years;

  • (b) on the day before the day on which they attained the age of 65 years, was eligible to continue to receive an earnings loss benefit under subsection 18(4); and

  • (c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the veteran attains the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

  (A + B) – C

  where

  A

  is 70% of the earnings loss benefit to which the veteran would be entitled for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the veteran from prescribed sources referred to in subsection 19(1);

  B

  is 70% of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and

  C

  is the total amount that is payable to the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

Marginal note:Eligibility — veteran in receipt of long-term disability benefit

• 40.2 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

  • (a) attained the age of 65 years after March 31, 2006 but before the prescribed date;

  • (b) on the day before the day on which they attained the age of 65 years was, as a result of being totally disabled, in receipt of long-term disability benefits under the Service Income Security Insurance Plan Long Term Disability; and

  • (c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the veteran attains the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

  (A + B) – C

  where

  A

  is 70% of the earnings loss benefit to which the veteran would have been entitled, had the veteran applied, for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that would have been payable to the veteran from prescribed sources referred to in subsection 19(1);

  B

  is 70% of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and

  C

  is the total amount that is payable to the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

Marginal note:Eligibility — survivor of eligible veteran

• 40.3 (1) The Minister may, on application, pay a retirement income security benefit to a veteran’s survivor if the veteran was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit at the time of their death.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the first day of the month after the month in which the veteran died, and

  • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a survivor shall be determined in accordance with the formula

  A – B

  where

  A

  is 50% of the retirement income security benefit to which the veteran would be entitled, or would have been entitled had the veteran applied, for the month in which the veteran dies, not taking into account amounts that are payable to the veteran from prescribed sources referred to in the description of C in subsection 40.1(4) or in the description of C in subsection 40.2(4), as the case may be; and

  B

  is the total amount payable to the survivor in respect of the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the value of A in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

Marginal note:Eligibility — survivor no longer eligible for earnings loss benefit

• 40.4 (1) The Minister may, on application, pay a retirement income security benefit to a member’s or a veteran’s survivor who is no longer eligible to receive an earnings loss benefit under subsection 22(3).

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the member or the veteran would have attained the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit under subsection (1) that is payable to a survivor shall be determined in accordance with the formula

  A/2 – B

  where

  A

  is 70% of the earnings loss benefit that would be payable under subsection 23(1) for the month in which the member or veteran, if alive, would have attained the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the survivor in respect of the member or veteran from prescribed sources referred to in subsection 23(3); and

  B

  is the total amount that is payable to the survivor in respect of the member or veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the value of A in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

Marginal note:Waiver of application

• 40.5 (1) The Minister may waive the requirement for an application for the retirement income security benefit if the Minister is satisfied that the veteran or survivor would be eligible for the benefit if they were to apply for it based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions in respect of the earnings loss benefit, permanent impairment allowance or disability award or in respect of the disability pension under the Pension Act.

• Marginal note:Notice of intent

  (2) If the Minister intends to waive the requirement for an application, the Minister shall notify the veteran or survivor in writing of that intention.

• Marginal note:Accepting waiver

  (3) If the veteran or survivor accepts the waiver of the requirement for an application, the veteran or survivor shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

• Marginal note:Declining waiver

  (4) The veteran or the survivor may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

• Marginal note:Cancellation of waiver

  (5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the veteran or the survivor make an application for the retirement income security benefit and, in that case, the Minister shall notify the veteran or survivor in writing of that requirement.

Marginal note:Suspension or cancellation

40.6 The Minister may, in the prescribed circumstances, suspend the payment of a retirement income security benefit or cancel the benefit.

• (a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security 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), 23(3), 40.1(4), 40.2(4), 40.3(4) or 40.4(4), 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;

CRITICAL INJURY, DISABILITY, DEATH AND DETENTION

Marginal note:Non-application of this Part

42. This Part, other than sections 44.1 to 44.3, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.

Critical Injury Benefit

Marginal note:Eligibility

• 44.1 (1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease

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

  • (b) was the result of a sudden and single incident that occurred after March 31, 2006; and

  • (c) immediately caused a severe impairment and severe interference in their quality of life.

• Marginal note:Factors to be considered

  (2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors.

• Marginal note:Regulations

  (3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident.

Marginal note:Amount of benefit

44.2 The amount of the critical injury benefit that is payable to a member or veteran shall be the amount set out in column 2 of item 2.2 of Schedule 2.

Marginal note:Waiver of application

• 44.3 (1) The Minister may waive the requirement for an application in subsection 44.1(1) if the Minister is satisfied, based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, including in respect of the disability award or in respect of the disability pension under the Pension Act, that the member or veteran is entitled to the critical injury benefit.

• Marginal note:Notice of intent

  (2) If the Minister intends to waive the requirement for an application, the Minister shall notify the member or veteran in writing of that intention.

• Marginal note:Accepting waiver

  (3) If the member or veteran accepts the waiver of the requirement for an application, the member or the veteran shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

• Marginal note:Declining waiver

  (4) The member or veteran may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

• Marginal note:Cancellation of waiver

  (5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the member or veteran make an application for the critical injury benefit and, in that case, the Minister shall notify the member or veteran in writing of that requirement.

Marginal note:Consequential injury or disease

• 46. (1) For the purposes of subsection 45(1), an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

Marginal note:Governor in Council

63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, a disability award or a death benefit under this Part.

PART 3.1FAMILY CAREGIVER RELIEF BENEFIT

Marginal note:Eligibility

• 65.1 (1) The Minister may, on application, pay a family caregiver relief benefit to a veteran if

  • (a) they have had an application for a disability award approved under section 45;

  • (b) as a result of the disability for which the application for a disability award was approved, they require ongoing care;

  • (c) a person who is 18 years of age or older plays an essential role in the provision or coordination of the ongoing care in the veteran’s home for which the person receives no remuneration; and

  • (d) the veteran meets the prescribed eligibility requirements.

• Marginal note:Criteria to be considered

  (2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

• Marginal note:Factors to be considered

  (3) In deciding whether the person referred to in paragraph (1)(c) plays an essential role in the provision or coordination of the ongoing care in the veteran’s home, the Minister shall consider only prescribed factors.

• Marginal note:Ineligibility

  (4) A veteran who is eligible for an attendance allowance under subsection 38(1) of the Pension Act is not eligible for a family caregiver relief benefit.

Marginal note:Amount of benefit

65.2 The annual amount of a family caregiver relief benefit that is payable to a veteran shall be the amount set out in column 2 of item 5 of Schedule 2.

Marginal note:Assessment

65.3 The Minister may, for the purpose of determining whether a veteran may continue to receive a family caregiver relief benefit, require the veteran to undergo an assessment by a person specified by the Minister.

Marginal note:Regulations

65.4 The Governor in Council may make regulations

• (a) defining “care” for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and

• (b) defining “home” for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).