Veterans Health Care Regulations

16 (1) Subject to subsection (2), the primary caregiver of a client is entitled to any of the services referred to in subparagraphs 19(a)(iii) and (v) that the client was receiving under the Department of Veterans Affairs Act at the time the client died or began residing in a health care facility if

• (a) the primary caregiver is assessed within one year after the earlier of client's death and the client's admission into the health care facility, or presents evidence relating to their health condition during that period on the basis of which an assessment can be made;

• (b) the assessment and all subsequent assessments indicate that the provision of the services is necessary for health reasons and to assist the primary caregiver to remain self-sufficient at their principal residence; and

• (c) the primary caregiver is resident in Canada.

(1.1) Despite subsection (1), the primary caregiver of a client who died or began residing in a health care facility during the period beginning on October 14, 2008 and ending on December 31, 2009 is entitled to the services in accordance with subsection (1) that the client would have been entitled to receive if paragraph (d) of the definition overseas service veteran and paragraph (e) of the definition veteran in section 2 had come into force on October 14, 2008 provided that

• (a) the client is an allied veteran described in paragraphs 37(4)(c.1) and (d.1) or subsection 37(4.1) or (4.2) of the War Veterans Allowance Act;

• (b) the client is not an allied veteran described in paragraph (g) of the definition veteran in section 2; and

• (c) the primary caregiver applies to the Minister for the services no later than December 31, 2010.

(2) The primary caregiver is entitled to the services to the extent that they are not available to the primary caregiver as an insured service under a provincial health care system or a private insurance policy.

(3) In this section, primary caregiver, in relation to a client, means the adult person who, immediately before the client died or was admitted into a health care facility,

• (a) was primarily responsible, without remuneration, for ensuring that care was provided to the client; and

• (b) for a continuous period of at least one year, resided in the principal residence of the client and maintained the client or was maintained by the client.