Pension Act

Marginal note:Basic compensation

• 71.2 (1) Subject to subsection (4), a prisoner of war is entitled, on application, to basic compensation equal to,

  • (a) in respect of any period spent as a prisoner of war of Japan,

    • (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

    • (ii) 20% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 364 days, or

    • (iii) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and

  • (b) in respect of any period spent as a prisoner of war of another power,

    • (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

    • (ii) 10% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 545 days,

    • (iii) 15% of basic pension, where that person was such a prisoner for periods totalling at least 546 days but not more than 910 days,

    • (iv) 30% of basic pension, where that person was such a prisoner for periods totalling at least 911 days but not more than 1,275 days,

    • (v) 35% of basic pension, where that person was such a prisoner for periods totalling at least 1,276 days but not more than 1,641 days, or

    • (vi) 40% of basic pension, where that person was such a prisoner for periods totalling at least 1,642 days.

• Marginal note:Additional compensation

  (2) Subject to subsection (4), a prisoner of war who has a spouse or common-law partner or any children is entitled, on application, to additional compensation in respect of the spouse or common-law partner or children at the rate set out in Schedule I corresponding to the percentage of the basic pension applicable to the prisoner of war under subsection (1).

• Marginal note:Extension of additional compensation

  (3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse or common-law partner who is living with the prisoner of war and the spouse or common-law partner dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation in respect of the spouse or common-law partner shall continue to be paid for a period of one year from the end of the month in which the spouse or common-law partner died or, if the prisoner of war remarries or marries, as the case may be, during that period, until the date of remarriage or marriage.

• Marginal note:Application of Part III

  (4) In the determination of the entitlement of a prisoner of war to compensation, the applicable provisions of Part III, excluding subsections 38(4) to (8), apply, with any modifications that the circumstances require, as if a reference in those provisions to a member of the forces or a pensioner were a reference to a prisoner of war and as if a reference to a pension or a pension for disability were a reference to compensation.