Pension Act

Marginal note:Amount of allowance

• 72 (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if

  • (a) the member of the forces is in receipt of

    • (i) a pension in the amount set out in Class 1 of Schedule I, or

    • (ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award or pain and suffering compensation paid under the Veterans Well-being Act, if the aggregate of the following percentages is equal to or greater than 98%:

      • (A) the extent of the disability in respect of which the pension is paid,

      • (B) the percentage of basic pension at which basic compensation is paid,

      • (C) the extent of the disability in respect of which the disability award is paid, and

      • (D) the extent of the disability in respect of which the pain and suffering compensation is paid;

  • (b) the member of the forces is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under that Act;

  • (c) the member of the forces is not in receipt of additional pain and suffering compensation under that Act; and

  • (d) the Minister determines that the member of the forces is not entitled to additional pain and suffering compensation under that Act.

• Marginal note:Deeming

  (1.1) The Minister’s determination under paragraph (1)(d) of whether a member of the forces is entitled to additional pain and suffering compensation is deemed to be a determination made under section 56.6 of the Veterans Well-being Act. If the Minister determines that the member is entitled to additional pain and suffering compensation, the member’s application for an exceptional incapacity allowance is deemed to be an application for additional pain and suffering compensation made under that section.

• Marginal note:For greater certainty

  (1.2) For greater certainty, a member of the forces who is not released from the Canadian Forces is not entitled to additional pain and suffering compensation for the purposes of paragraph (1)(d).

• Marginal note:Determination of exceptional incapacity

  (2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under the Veterans Well-being Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.

• Marginal note:Treatment, etc., to be considered in determining allowance

  (3) In determining the amount of the allowance that is to be awarded to a member of the forces who is suffering an exceptional incapacity, account may be taken of the degree to which the incapacity is lessened by treatment or the use of prostheses.

• Marginal note:Reduction in allowance

  (4) Where, in the opinion of the Minister, a member of the forces who is suffering an exceptional incapacity should undergo medical treatment or use a prosthesis and that member has, in the opinion of the Minister, unreasonably refused to do so, the Minister may reduce the allowance to which the incapacity would otherwise have entitled the member under this section by not more than one-half.

• Marginal note:Payment of allowance on death of member

  (5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member’s spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.