War Veterans Allowance Act (R.S.C., 1985, c. W-3)

Equality of Status

Marginal note:Status of males and females

3 Male and female veterans under this Act enjoy equality of status and, subject to subsection 4(2), equal rights and obligations under this Act.

Allowances to Veterans, Survivors and Orphans

Marginal note:Veterans, survivors and orphans

• 4 (1) Subject to this Act, an allowance is payable to

  • (a) any male person who is a veteran or a survivor of a veteran and who has attained the age of sixty years,

  • (b) any female person who is a veteran or a survivor of a veteran and who has attained the age of fifty-five years,

  • (c) any veteran, or survivor of a veteran, who, in the opinion of the Minister,

    • (i) is permanently unemployable because of physical or mental disability,

    • (ii) is, because of physical or mental disability or insufficiency combined with economic handicaps, incapable and unlikely to become capable of maintaining himself or herself, or

    • (iii) is, because of the need to provide care for a dependent child residing at home, incapable of maintaining himself or herself, and

  • (d) an orphan,

  and who is resident in Canada.

• Marginal note:Exception

  (2) Section 3 does not apply to subsection (1).

• Marginal note:Amount of allowance

  (3) The monthly allowance payable under this section to a veteran, survivor or orphan in a current payment period shall be computed as follows:

  • (a) determine the applicable monthly income factor specified for the veteran, survivor or orphan in column II of the schedule;

  • (b) determine the applicable monthly allowance ceiling for the veteran, survivor or orphan by subtracting from the applicable monthly income factor determined under paragraph (a) one-twelfth of the income for the base calendar year of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be; and

  • (c) determine the monthly allowance payable to the veteran, survivor or orphan by subtracting from the applicable monthly allowance ceiling determined under paragraph (b) the current monthly benefits, if any,

    • (i) payable under the Old Age Security Act or, if no such benefits are payable, such benefits as are deemed to be payable pursuant to regulations made under paragraph 25(p), to or in respect of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be, or

    • (ii) payable under section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served.

• Marginal note:Payment where recipient absent from Canada

  (4) Notwithstanding subsection (1), the allowance payable under this section to a veteran, survivor or orphan may be paid to that veteran, survivor or orphan who absents himself or herself from Canada after July 31, 1960 if, on the day that he or she leaves Canada, he or she

  • (a) is a recipient of an allowance under this section or section 5; and

  • (b) had been resident in Canada for the twelve months immediately preceding that day.

• Marginal note:Payment to survivors and orphans resident outside Canada

  (5) Notwithstanding anything in this section, the allowance payable under this section to a survivor or orphan may be paid to

  • (a) the survivor of a recipient if that survivor resides outside Canada and was living with, maintaining or being maintained by that recipient at the time of the recipient’s death; and

  • (b) an orphan of a recipient if that orphan resides outside Canada and if that recipient, at the time of death,

    • (i) was receiving an additional allowance in respect of the child, or

    • (ii) would have been eligible to receive an additional allowance in respect of the child but for the level of the recipient’s income.

• Marginal note:Exception — allied veterans

  (5.1) Subsections (4) and (5) do not apply to an allied veteran referred to in paragraph 37(4)(d.1) or subsection 37(4.1) or (4.2) or to the survivor or orphan of that veteran.

• Marginal note:Veteran couples

  (6) Where spouses residing together, or common-law partners, are both veterans, each may be paid the allowance that would be payable under this section if each veteran were a veteran without a spouse or common-law partner.

• Marginal note:Veteran couples

  (6.1) Where one of the veterans referred to in subsection (6) is not entitled to any allowance under that subsection, each may be paid the allowance that would be payable under this section if each veteran

  • (a) were a veteran without a spouse or common-law partner; and

  • (b) had one half of the aggregate of the income and benefits of both veterans.

• Marginal note:Dependent child allowance exception

  (7) Notwithstanding subsection (6), either veteran referred to in that subsection is entitled to an allowance in respect of a dependent child of either or both of the veterans.

• Marginal note:If couple not residing together

  (8) If the Minister is satisfied that an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together as a result of one or both of them having to reside in a treatment or care facility or as a result of any other circumstances that are prescribed by regulations made under section 25, the Minister may direct that the applicant and spouse or common-law partner, or the recipient and spouse or common-law partner, as the case may be, be treated in the same manner as if they were persons referred to in subsection (6) and each person had one half of the aggregate of the income and benefits of both persons, and in that case, if the Minister deems it appropriate, the Minister shall apportion the allowances payable to them having regard to the circumstances of each of them and any dependent children involved.

Special Awards

Marginal note:Death of veteran

• 5 (1) On the death of a veteran who, at the time of their death or at any time within the last twelve months of their life, was a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award a monthly allowance to the veteran’s survivor.

• Marginal note:Amount of allowance

  (1.1) The monthly allowance payable to a survivor under this section shall be computed in the same manner as a monthly allowance under section 4, except that the applicable monthly income factor referred to in paragraph 4(3)(a) in respect of the survivor shall be a monthly income factor specified in column II of the schedule opposite paragraph 2(a), (b) or (c) of the schedule, whichever is applicable, as if the survivor were a veteran described in paragraph 2(a) of the schedule.

• Marginal note:Inclusion of amount for dependent child

  (1.2) A monthly allowance payable to a survivor under this section shall, where the veteran who died left one or more dependent children, include an amount in respect of the child or children computed in accordance with the income factor specified in column II of the schedule opposite paragraph 2(d) of the schedule.

• Marginal note:Death of spouse or common-law partner

  (2) On the death of a spouse or common-law partner in respect of whom a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran a monthly allowance payable in the same manner and to the same extent as if the veteran were a survivor referred to in subsections (1) to (1.2).

• Marginal note:Death of child

  (3) On the death of a child in respect of whom a veteran or the survivor of a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, the recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran or survivor a monthly allowance payable in the same manner and to the same extent as if the veteran or survivor were a survivor referred to in subsections (1) to (1.2).

• Marginal note:Limitation on allowance payable

  (4) Notwithstanding anything in this Act, no allowance under this section is payable on the death of a veteran or of a spouse, common-law partner or child of a veteran in respect of any period more than twelve months after the month in which death occurs, and no other allowance is payable under this Act to a person to whom any allowance under this section has been awarded, during any period in respect of which the allowance so awarded is payable to that person.

• Marginal note:Applications pending at time of death

  (5) Where, at any time after March 31, 1955, a veteran dies and, at the time of death,

  • (a) the veteran was eligible for an allowance under section 4, and

  • (b) an application for that allowance made by the veteran and received by the Minister was pending,

  the veteran shall, if the Minister so directs, be deemed, for the purposes of subsection (1), to have been a recipient of that allowance at the time of death.

• Marginal note:Saving

  (6) Notwithstanding the time limitation of twelve months within which the Minister may make an award under subsection (1), (2) or (3), the Minister may make an award under any of those subsections after the expiration of those twelve months where, as determined by the Minister, the failure to make an award within those twelve months was caused by administrative oversight.

Payment of Allowances

Marginal note:When allowance to cease

6 Subject to this Act, an allowance payable under section 4 or awarded under section 5 shall continue to be paid during the lifetime of the person to whom or in respect of whom the allowance is paid and shall cease with the payment for the month in which the death of that person occurs.

6.1 [Repealed, 1995, c. 17, s. 69]

Veterans Without Pre-war Canadian Domicile

Marginal note:Continuation of allowance

• 6.2 (1) Subject to this Act, an allowance payable under section 4 or awarded under section 5, on or before February 27, 1995, to or in respect of a person who is an allied veteran within the meaning of paragraph 37(4)(b) or an allied dual service veteran within the meaning of paragraph 37(6)(b), as those paragraphs read immediately before that day, shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies.

• Marginal note:Continuation of right to allowance

  (2) Subject to this Act but notwithstanding subsections 4(4) and (5), a survivor or orphan of an allied veteran or an allied dual service veteran to whom payment of an allowance was continued by subsection (1) may, on or after February 27, 1995, apply for and be paid an allowance under section 4 or be awarded an allowance under section 5, and any allowance so paid or awarded shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies.

• Marginal note:When no allowance payable

  (3) No allowance under section 4 or 5 shall be paid to or in respect of a person referred to in subsection (1) or (2) for any month after February, 1996 in which the person resides outside Canada.

• Marginal note:Residency requirement

  (4) In determining the rate of an allowance referred to in subsection (1) or (2) after February 29, 1996, a person is maintained by another, dependent on another or a dependent child of another only if the person is resident in Canada.

• Marginal note:Exceptions

  (5) Notwithstanding subsections (3) and (4), a person to whom subsection (1) or (2) applies who

  • (a) at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada, or

  • (b) was the spouse, common-law partner or child of an allied veteran or an allied dual service veteran referred to in subsection (1) who, at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada

  shall, subject to this Act, be paid their allowance, during their lifetime, for any month beginning after February 1996 in which the person resides outside Canada and ending with such month as the Minister may fix by order.

• Marginal note:Status as spouse, common-law partner or child

  (6) For the purposes of subsection (5), no person is to be considered a spouse, common-law partner or child under paragraph (5)(b) if they acquire their status as spouse, common-law partner or child after December 2, 1998.