Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Marginal note:Non-application of this Part

42 This Part, other than sections 44.1 and 44.2, 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.

Caregiver Recognition Benefit

Marginal note:Amount of benefit

65.2 The monthly amount of a caregiver recognition benefit that is payable to a designated person shall be the amount set out in column 2 of item 5 of Schedule 2.

Marginal note:Only one designated person

65.21 A veteran may, for the purpose of subsection 65.1(1), designate only one person at a time.

Marginal note:When benefit payable

• 65.22 (1) Subject to subsection (2), a caregiver recognition benefit begins to be payable on the first day of the month in which the application for the benefit is made.

• Marginal note:Replacement of designated person

  (2) If a veteran, by means of a new application for a caregiver recognition benefit, replaces the designated person with a new designated person, the caregiver recognition benefit begins to be payable to the new designated person on the later of

  • (a) the first day of the month in which the new application is made, and

  • (b) the day on which the benefit ceases to be payable to the previously designated person.

Marginal note:When benefit ceases to be payable

65.23 A caregiver recognition benefit ceases to be payable on the earliest of

• (a) the first day of the month after the month in which the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) are no longer met,

• (b) the first day of the month after the month in which the veteran makes a new application to replace the designated person with a new designated person, or

• (c) the first day of the month after the month in which the veteran or the designated person dies.

Marginal note:Change in circumstances — veteran

• 65.24 (1) A veteran shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) or if the designated person dies.

• Marginal note:Change in circumstances — designated person

  (2) A designated person shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraph 65.1(1)(c) or if the veteran who designated the person dies.

Marginal note:Assessment

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

Marginal note:Suspension or cancellation

65.31 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit.

Waiver

Marginal note:Waiver of requirement for application

• 78.1 (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.

• Marginal note:Notice of intent

  (2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.

• Marginal note:Accepting waiver

  (3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

• Marginal note:Date of waiver

  (4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

• Marginal note:Minister may require application

  (5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

• Marginal note:Waiver cancelled

  (6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

Marginal note:Effect of waiver

• 78.2 (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

• Marginal note:Effect of cancelling waiver

  (2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

Marginal note:Review of decision under Part 1, 1.1, 2 or 3.1

83 Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 1, 1.1, 2 or 3.1 or under this section.

Payments

Marginal note:Amount paid to survivor

• 87.1 (1) Any amount that is payable under this Act to a person who dies before receiving it, is to be paid to their survivor.

• Marginal note:Amount paid to estate or succession

  (2) However, the amount is to be paid to the person’s estate or succession if they have no survivor or their survivor dies before receiving the amount.

• Marginal note:Definition of survivor

  (3) For the purposes of subsections (1) and (2), survivor, in relation to a deceased person, means

  • (a) their spouse who was, at the time of the person’s death, residing with them; or

  • (b) the person who was, at the time of the person’s death, cohabiting with them in a conjugal relationship and had done so for a period of at least one year.