Veterans Health Care Regulations

33.1 (1) A client, except a client referred to in subsection (2), is required to pay for the cost of accommodation and meals, up to a maximum monthly amount determined under this section, while the client is in receipt of adult residential care, intermediate care or chronic care in

• (a) a departmental facility;

• (b) a contract bed; or

• (c) a community facility in which the cost of care is payable, in whole or in part, under these Regulations.

(2) The following clients are not required to pay for the cost of accommodation and meals while in receipt of adult residential care, intermediate care or chronic care:

• (a) clients who are in receipt of the care for a pensioned condition; and

• (b) veteran pensioners who are seriously disabled and civilian pensioners who are seriously disabled.

(3) The maximum amount under subsection (1) for a month is the lesser of the following amounts:

• (a) the maximum monthly accommodation and meal charge for that month, as calculated under subsection (4); and

• (b) the amount, if any, remaining to the client after deducting from the client’s monthly income, as calculated under subsection (5), the client’s personal and family exemption amount, as calculated under subsection (6).

(4) Effective on October 1, 1998, the maximum monthly accommodation and meal charge for any of the 12 months after September 30 of a year is the lesser of the following amounts:

• (a) the lowest monthly user charge for accommodation and meals permitted by a province, under section 19 of the Canada Health Act, on July 1 of the same year; or

• (b) the maximum monthly accommodation and meal charge that applied immediately prior to October 1 of the same year, multiplied by the ratio that

  • (i) the income factor specified in paragraph 2(a) of the schedule to the War Veterans Allowance Act that is effective on July 1 of the same year

  bears to

  • (ii) the same income factor that was effective on July 1 of the preceding year.

(5) The client’s income for a month is the total of all amounts that are subtracted from the income factor in computing the client’s allowance payable for that month under subsection 4(3), (6), (6.1) or (8), as the case may be, of the War Veterans Allowance Act, or that would be so subtracted if the client were a recipient under that Act.

(6) The client’s personal and family exemption amount for any of the 12 months following September 30 of a year is the sum of the following amounts:

• (a) the amount for personal comforts, which is equal to the amount for personal comforts that applies on September 30 of the same year, multiplied by the ratio referred to in paragraph (4)(b);

• (b) where the client has a spouse or common-law partner, an amount equal to the income factor set out in paragraph 2(a) of the schedule to the War Veterans Allowance Act that is effective on July 1 of the same year;

• (c) where the client has a spouse or common-law partner and one or more dependent children within the meaning of the War Veterans Allowance Act, an amount for each such child equal to the income factor set out in item 4 of the schedule to that Act that is effective on July 1 of the same year; and

• (d) where the client does not have a spouse or common-law partner but has one or more dependent children within the meaning of the War Veterans Allowance Act,

  • (i) an amount equal to the income factor set out in paragraph 3(a) of the schedule to that Act that is effective on July 1 of the same year, and

  • (ii) for each such child in addition to one, an amount equal to the income factor set out in item 4 of the schedule to that Act that is effective on July 1 of the same year.

(7) The cost of accommodation and meals shall be paid by a client referred to in subsection (1) as follows:

• (a) for care in a community facility, including a contract bed, the client shall pay the cost directly to the community facility, the method of payment and collection to be determined by those parties; or

• (b) the cost shall be recovered by the Minister pursuant to an arrangement with the client or by other legal means

  • (i) where the cost has been paid directly to the community facility by the Minister in accordance with an arrangement with that facility, or

  • (ii) where the client is in a departmental facility.

(8) For the period beginning on the day on which this subsection comes into force and ending on September 30, 2001,

• (a) the maximum monthly accommodation and meal charge is $739.50 per month; and

• (b) the amount for personal comforts is $161.40 per month.