Veterans Well-being Regulations (SOR/2006-50)

54.2 An application for additional pain and suffering compensation or for a reassessment of the extent of the veteran’s permanent and severe impairment shall include medical reports or other records that document the veteran’s disability that is creating the permanent and severe impairment and the barrier to re-establishment in civilian life.

54.3 A veteran who is in receipt of additional pain and suffering compensation shall, at the Minister’s request, provide medical reports or other records or any other information or documents that are necessary to enable the Minister to assess the veteran’s continued eligibility for the compensation or the extent of the veteran’s permanent and severe impairment.

• 54.4 (1) For the purposes of section 56.8 of the Act, the Minister may suspend the payment of additional pain and suffering compensation to a veteran who fails to do either of the following until the situation that gave rise to the suspension is resolved:

  • (a) provide the information or documents required under section 54.3; or

  • (b) undergo a medical examination or an assessment required by the Minister under section 56.7 of the Act.

• (2) Before suspending the payment of additional pain and suffering compensation to a veteran, the Minister shall provide the veteran with written notification of the reasons for the suspension and the effective date of the suspension.

• 54.5 (1) For the purposes of section 56.8 of the Act, the Minister may cancel the payment of additional pain and suffering compensation if

  • (a) the situation that gave rise to the suspension of the payment of additional pain and suffering compensation is not resolved within six months from the effective date of the suspension; or

  • (b) the assessment of the veteran’s eligibility for additional pain and suffering compensation or of the extent of their permanent and severe impairment was based on a misrepresentation or the concealment of a material fact.

• (2) On cancelling the payment of additional pain and suffering compensation, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and the veteran’s rights of review.

Death Benefit

55 An application for a death benefit shall include medical reports or other records that document the member’s injury or disease, diagnosis and cause of death.

56 The presumptions set out in section 50 apply with any necessary modifications to applications for a death benefit.

• 57 (1) For the purposes of subsection 58(2) of the Act, the prescribed sources are those set out in subsection 53.4(1).

• (2) For the purposes of subsection 58(2) of the Act, the amount by which the Minister may reduce the death benefit is the lesser of

  • (a) the amount that is payable from the prescribed source, converted into a lump-sum amount in accordance with generally accepted actuarial principles if it has been paid or is payable on a periodic basis, and

  • (b) the full amount of the death benefit.

58 [Repealed, SOR/2018-177, s. 14]

Clothing Allowance

59 A clothing allowance shall be paid monthly.

Detention Benefit

60 An application for a detention benefit by the testamentary estate or testamentary succession of a deceased member or veteran must include

• (a) a copy of the death certificate of the member or veteran;

• (b) a copy of the last will and testament of the member or veteran; and

• (c) a copy of the letters probate or other applicable documentation demonstrating the appointment of an executor.

61 A detention benefit shall be paid as a lump sum in an amount equal to the amount set out in column 4 of Schedule 3 to the Act, as adjusted in accordance with section 63.1, for each of the following rates of pain and suffering compensation set out in column 1 of that Schedule:

• (a) in respect of periods of detention totalling at least 30 days but not more than 88 days, 5%;

• (b) in respect of periods of detention totalling at least 89 days but not more than 545 days, 10%;

• (c) in respect of periods of detention totalling at least 546 days but not more than 910 days, 15%;

• (d) in respect of periods of detention totalling at least 911 days but not more than 1,275 days, 30%;

• (e) in respect of periods of detention totalling at least 1,276 days but not more than 1,641 days, 35%; and

• (f) in respect of periods of detention totalling at least 1,642 days, 40%.

General

62 A person to whom an amount is paid or payable under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1, or who receives a critical injury benefit, a detention benefit, a death benefit, a disability award equal to or greater than the amount set out in column 3 of Schedule 3 to the Act as it read immediately before April 1, 2019, as adjusted in accordance with section 63.1, that corresponds to a rate of award of 5% set out in column 1 of that Schedule, or pain and suffering compensation equal to or greater than the amount set out in column 3 of Schedule 3 to the Act, as adjusted in accordance with section 63.1, that corresponds to a rate of pain and suffering compensation of 5% set out in column 1 of that Schedule, is eligible, on application, for the payment or reimbursement of fees for financial advice, to a maximum of $500, relating to the amount, award or benefit if

• (a) the financial advice is provided by an arms-length financial adviser who is primarily engaged in the business of providing financial advice;

• (b) the person makes the application within 12 months after

  • (i) in the case of an amount paid or payable under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1, the date of the letter notifying the person of the amount paid or payable, or

  • (ii) in any other case, the date of the decision; and

• (c) the person provides an invoice containing the name and business address of the financial adviser and, if applicable, proof of payment.

• 63 (1) In this section, basic pension means the monthly basic pension payable under Schedule I to the Pension Act to a Class 1 pensioner without a spouse, common-law partner or child.

• (2) The amount set out in column 2 of item 4 of Schedule 2 to the Act shall be adjusted on January 1 of every calendar year so that the amount payable for that year equals the product obtained by multiplying

  • (a) the amount payable in the preceding calendar year

  by

  • (b) the ratio that the basic pension payable in the calendar year bears to the basic pension payable in the preceding calendar year.

• 63.1 (1) The amounts set out in items 2.2 and 3, column 2, of Schedule 2 to the Act and all the amounts in columns 3 and 4 of Schedule 3 to the Act and column 2 of Schedule 4 to the Act shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year.

• (2) The Consumer Price Index is the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.

63.2 The Minister may require a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1 to provide the Minister with any information or documents that are necessary to enable the Minister to assess whether the person is entitled to the amount.

64 A decision of the Minister with respect to an award under Part 3 of the Act shall contain the reasons for the decision.

65 The Minister shall send written notice of a decision made under Part 3 of the Act to the applicant and shall inform the applicant of their right

• (a) to a review of the decision under section 84 or 85 of the Act; and

• (b) to be represented before the Board

  • (i) free of charge, by the Bureau of Pensions Advocates or by a service bureau of a veterans’ organization, or

  • (ii) at the applicant’s own expense, by any other representative.

PART 3.1Caregiver Recognition Benefit

65.1 An application under section 65.1 of the Act shall be made in writing and shall include

• (a) the name, date of birth and address of the person designated for the purposes of subsection 65.1(1) of the Act;

• (b) a declaration by the veteran attesting to the truth of the information provided and their consent to the disclosure by the Minister of their personal information to the designated person for the purposes of Part 3.1 of the Act;

• (c) a declaration by the designated person attesting that they

  • (i) meet the requirements set out in paragraph 65.1(1)(c) of the Act, and

  • (ii) consent to

    • (A) their designation for the purposes of subsection 65.1(1) of the Act,

    • (B) the disclosure by the veteran of their personal information to the Minister for the purposes of Part 3.1 of the Act, and

    • (C) the disclosure by the Minister of their personal information to the veteran for the purposes of Part 3.1 of the Act; and

• (d) at the Minister’s request, any other information or documents that are necessary to enable the Minister to assess the applicant’s eligibility for the benefit.

65.2 For the purposes of paragraph 65.1(1)(d) of the Act, the veteran shall

• (a) either

  • (i) require a level of care and supervision that is consistent with admission to an institution,

  • (ii) require daily physical assistance of another person for most activities of daily living,

  • (iii) require ongoing direction and supervision during the performance of most activities of daily living, or

  • (iv) require daily supervision and is not considered to be safe when left alone.

• (b) [Repealed, SOR/2017-161, s. 6]

65.3 For the purposes of subsection 65.1(2) of the Act, the Minister shall consider only whether the veteran’s state of physical, mental or cognitive health is not likely to substantially improve for at least 12 months.