Veterans Allowance Regulations (C.R.C., c. 1602)

10.2 [Repealed, SOR/2004-68, s. 11]

Reporting Change in Circumstances

• 11 (1) Every recipient shall immediately notify the Minister of any change in the circumstances of the recipient or the recipient’s spouse or common-law partner, as the case may be, that results in a change in the class of the recipient as set out in column I of the schedule to the Act or the income factor of the recipient as set out in column II of that schedule.

• (2) [Repealed, SOR/2009-225, s. 22]

Adjustment of Income Factors

• 12 (1) When the income factors specified in column II of the schedule to the Act are adjusted quarterly under section 19 of the Act,

  • (a) the product obtained by multiplying the income factor referred to in paragraph 19(1)(a) of the Act by the ratio referred to in paragraph 19(1)(b) thereof, shall be adjusted to the nearest cent in accordance with subsection (2); and

  • (b) the quotient obtained from the ratio referred to in paragraph 19(1)(b) of the Act shall be expressed as a decimal fraction in accordance with subsection (3).

• (2) Where a product referred to in paragraph (1)(a) contains a fractional part of a dollar, that fraction shall be expressed as a decimal fraction of three digits after the decimal point and

  • (a) the third digit after the decimal point shall be dropped if that digit is less than five; or

  • (b) the second digit after the decimal point shall be increased by one and the third digit dropped if the third digit is five or greater than five.

• (3) Where a quotient referred to in paragraph (1)(b) contains a fraction that is less than one, that fraction shall be expressed as a decimal fraction of four digits after the decimal point and

  • (a) the fourth digit after the decimal point shall be dropped if that digit is less than five; or

  • (b) the third digit after the decimal point shall be increased by one and the fourth digit dropped if the fourth digit is five or greater than five.

Income

13 [Repealed, SOR/86-391, s. 6]

• 14 (1) Subject to subsection (2), where a veteran and the veteran’s spouse or common-law partner, or the veteran’s survivor or orphan, as the case may be, has applied for or is in receipt of an allowance and would also be eligible for an old age security benefit if they applied for one, the current monthly benefit deemed to be payable, for the purposes of subparagraph 4(3)(c)(i) of the Act, shall be the amount of the old age security benefit that they would be eligible to receive, starting in the fourth month after the old age security benefit became payable.

• (2) Where a veteran and the veteran’s spouse or common-law partner, or the veteran’s survivor or orphan, as the case may be, has duly applied for an old age security benefit and receipt of it is delayed by circumstances beyond their control, the Minister shall assess the old age security benefit as a current monthly benefit payable for the purposes of subparagraph 4(3)(c)(i) of the Act effective the first day of the month in which payment of it is received.

• (3) Where a veteran and the veteran’s spouse or common-law partner, or the veteran’s survivor or orphan, as the case may be, who would be eligible for an allowance if they were not receiving an old age security benefit, wishes to take up residence outside Canada for a period longer than six months and the old age security benefit, in whole or in part, would be discontinued following departure from Canada, they may, as of the first day of the month that is three months prior to the anticipated date of departure, elect in writing to forego the old age security benefit, in whole or in part, in order to be in receipt of an allowance prior to leaving Canada.

• (4) The old age security benefit, or the part of it, that is foregone under subsection (3) shall not be regarded as a current monthly benefit deemed to be payable for the purposes of subparagraph 4(3)(c)(i) of the Act.

Couples Not Residing Together

15 For the purposes of subsection 4(8) of the Act, an applicant or recipient and their spouse or common-law partner are not residing together if

• (a) as the result of a physical or emotional condition of the applicant or recipient or their spouse or common-law partner, or of a dependent child, the couple is unable to reside together; or

• (b) the applicant or recipient and their spouse or common-law partner are unable to reside together as the result of circumstances beyond their control and the couple has been classified as recipients of any old age security benefit at the single rate.

Casual Earnings

16 For the purposes of subparagraph 7(1)(b)(i) of the Act, the maximum amount of casual earnings is

• (a) in the case of a person, $2,900;

• (b) in the case of a person and the person’s spouse or common-law partner, a combined total of $4,200 for the couple; and

• (c) in the case of a person and the person’s spouse or common-law partner who is a veteran, a combined total of $4,200 for the couple.

Interest

16.1 For the purposes of subparagraph 7(1)(b)(ii) of the Act, the maximum amount of net interest income in the year from any source is

• (a) in the case of a person, $140; and

• (b) in the case of a person and the person’s spouse or common-law partner, a combined total of $140 for the couple.

Procedure

• 17 (1) Where an adjudication under the Act is made by the Minister, other than an adjudication under subsection 18(2) of the Act, the Minister shall

  • (a) record the adjudication and the reasons for it;

  • (b) inform the applicant or recipient whose interests are affected by the adjudication of

    • (i) the adjudication and the reasons for it, and

    • (ii) the right to apply for a review of the adjudication under subsection 32(1) of the Act; and

  • (c) on request, forward a copy of the adjudication and reasons therefor to

    • (i) the applicant or recipient,

    • (ii) [Repealed, SOR/87-520, s. 1]

    • (iii) the Bureau of Pensions Advocates, and

    • (iv) any veterans’ organization incorporated by or under an Act of Parliament or any other person if the organization or person acted on behalf of the applicant or recipient.

• (2) [Repealed, SOR/87-520, s. 1]

Reviews by the Department

• 17.1 (1) Where an applicant or a recipient is dissatisfied with an adjudication affecting them that is made by the Minister under the Act, other than an adjudication under subsection 18(2) of the Act, the applicant or recipient, or a person acting on their behalf, may apply for a review of the adjudication by forwarding, within 60 days after the date the applicant or recipient was informed of the adjudication, a request for review to an officer or employee of the Department designated by the Minister under subsection 32(1) of the Act.

• (2) Notwithstanding subsection (1), where a request for review of an adjudication is not forwarded within the 60 days referred to in that subsection, a designated officer or employee referred to in that subsection may review the adjudication if there are special reasons to justify the extension of the time limited for the request.

• (3) Subject to subsection (4), the designated officer or employee shall, within 30 days after receipt of a request for review under subsection (1), review the adjudication referred to in the request and record their adjudication of the review and the reasons for it.

• (4) Where a designated officer or employee cannot review an adjudication within the 30 days required under subsection (3), they shall notify the applicant or recipient whose interests are affected by the adjudication, or a person acting on behalf of the applicant or recipient, of the delay and the reason for it.

• (5) Where a designated officer or employee referred to in subsection (1) confirms or alters an adjudication, the officer or employee shall

  • (a) notify, in writing, the applicant or recipient whose interests are affected by the adjudication, or the person acting on behalf of the applicant or recipient, of the adjudication and the reasons for it; and

  • (b) inform the applicant or recipient of the right to appeal to the Board and that, in pursuing the right to appeal, the applicant or recipient may have the assistance of and be represented by the Bureau of Pensions Advocates free of charge, be represented by a service bureau of a veterans’ organization or, at their own expense, be represented by any other representative.

Appeals to the Board

18 to 27 [Repealed, SOR/87-520, s. 3]

28 [Repealed, SOR/2013-158, s. 1]

29 For the purposes of section 8.1 of the Act, the prescribed loss or reduction of income is an amount equal to or greater than $12.50 per month or $150 per year.