War Veterans Allowance Act

An Act respecting allowances for war veterans and their dependants

Canada (Federal)· W-3· 448 sections· current to 2015-02-26In force

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Defence & Veterans Social Services & Income Support Justice & the Law

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1Short title
This Act may be cited as the War Veterans Allowance Act.
1.01Construction
The provisions of this Act shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to those who have served their country so well and to their dependants may be fulfilled.
2Definitions
2(1)
In this Act,
2(1)[p4]
adjudication means any decision, determination, refusal or award made under this Act pertaining to an allowance; (décision)
2(1)[p5]
allowance means an allowance payable under this Act; (allocation)
2(1)[p6]
base calendar year means the calendar year ending next before the current payment period; (année civile de base)
2(1)[p7]
blind has the meaning prescribed by regulations made under paragraph 25(q); (aveugle)
2(1)[p8]
Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act; (Tribunal)
2(1)[p9]
child means a child of and includes an adopted child or a foster child of a veteran, and a child, adopted child or foster child of a veteran’s spouse or common-law partner; (enfant)
2(1)[p9](a)
a veteran,
2(1)[p9](b)
a veteran’s survivor who, having been a recipient, marries and
2(1)[p9](b)(i)
whose spouse of that marriage dies, or
2(1)[p9](b)(ii)
whose marriage ends in dissolution or legal separation, or
2(1)[p9](c)
a veteran’s survivor who, having been a recipient, acquires a common-law partner and
2(1)[p9](c)(i)
whose common-law partner dies, or
2(1)[p9](c)(ii)
who ceases to cohabit with that common-law partner,
2(1)[p17]
common-law partner, in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty,
2(1)[p17](a)
in the case of an individual’s death, the relevant time means the time of that death; and
2(1)[p17](b)
common-law partners cease to be common-law partners when they cease to cohabit; (conjoint de fait)
2(1)[p20]
Consumer Price Index, in relation to any adjustment quarter, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that adjustment quarter; (indice des prix à la consommation)
2(1)[p21]Repealed
current fiscal year[Repealed, 1998, c. 21, s. 121]
2(1)[p22]
current payment period, in relation to a month, means the payment period that includes the month; (période de paiement en cours)
2(1)[p23]
Department means the Department of Veterans Affairs; (ministère)
2(1)[p24]
dependent child means
2(1)[p24](a)
a child who has no spouse or common-law partner and is
2(1)[p24](a)(i)
under the age of eighteen years,
2(1)[p24](a)(ii)
under the age of twenty-five years and following and making satisfactory progress in a course of instruction approved by the Minister,
2(1)[p24](a)(iii)
under the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, or
2(1)[p24](a)(iv)
over the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, where the incapacity occurred before the child attained the age of twenty-one years, or after the age of twenty-one years and before the age of twenty-five years while following and making satisfactory progress in a course of instruction approved by the Minister, or
2(1)[p24](b)
a child referred to in subparagraph (a)(i), (ii), (iii) or (iv) who has a spouse or common-law partner and is financially dependent on a recipient; (enfant à charge)
2(1)[p31]
first adjustment quarter, in relation to a payment quarter, means,
2(1)[p31](a)
if the payment quarter commences on the first day of April, the period of three months commencing on the first day of November next before that first day of April,
2(1)[p31](b)
if the payment quarter commences on the first day of July, the period of three months commencing on the first day of February next before that first day of July,
2(1)[p31](c)
if the payment quarter commences on the first day of October, the period of three months commencing on the first day of May next before that first day of October, and
2(1)[p31](d)
if the payment quarter commences on the first day of January, the period of three months commencing on the first day of August next before that first day of January; (premier trimestre de rajustement)
2(1)[p36]
Korean War means the military operations undertaken by the United Nations to restore peace in the Republic of Korea during the period from June 25, 1950 to July 27, 1953, inclusive; (guerre de Corée)
2(1)[p37]
Minister means the Minister of Veterans Affairs; (ministre)
2(1)[p38]
orphan means which child, not being the child of any other recipient, is
2(1)[p38](a)
a child who is bereft by death of his or her parents,
2(1)[p38](b)
a child who is bereft by death of one parent and whose surviving parent has, in the opinion of the Minister, abandoned or deserted the child, or
2(1)[p38](c)
a child of who is bereft by death of a parent who, at the time of death, was receiving an additional allowance in respect of that child or would have been eligible to receive an additional allowance in respect of that child but for the level of that parent’s income, and
2(1)[p38](c)(i)
divorced or separated parents, or
2(1)[p38](c)(ii)
parents who are neither spouses nor common-law partners of each other
2(1)[p38](d)
under the age of eighteen years,
2(1)[p38](e)
under the age of twenty-five years and following and making satisfactory progress in a course of instruction approved by the Minister,
2(1)[p38](f)
under the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, or
2(1)[p38](g)
over the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, where the incapacity occurred before the child attained the age of twenty-one years or after the age of twenty-one years and before the age of twenty-five years while following and making satisfactory progress in a course of instruction approved by the Minister; (orphelin)
2(1)[p48]
parent includes
2(1)[p48](a)
an adoptive or foster-parent, and
2(1)[p48](b)
a parent’s spouse or common-law partner; (parent)
2(1)[p51]
payment period means
2(1)[p51](a)
before April 1, 1998, the fiscal year,
2(1)[p51](b)
the fifteen-month period that begins on April 1, 1998 and ends on June 30, 1999, and
2(1)[p51](c)
after June 30, 1999, the twelve-month period that begins on July 1 of one year and ends on June 30 of the next year; (période de paiement)
2(1)[p55]
payment quarter means a period of three months commencing on the first day of April, July, October or January in any payment period; (trimestre de paiement)
2(1)[p56]Repealed
payment review period[Repealed, 2000, c. 34, s. 69]
2(1)[p57]
personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels)
2(1)[p58]Repealed
previous fiscal year[Repealed, 1998, c. 21, s. 121]
2(1)[p59]
previous payment period means the payment period ending next before the current payment period; (période de paiement précédente)
2(1)[p60]
recipient means any person to whom or on whose behalf payment of an allowance is authorized by this Act; (allocataire ou bénéficiaire)
2(1)[p61]
resistance group means any force that was raised during World War I or World War II, as delimited by subsection 37(10), in a country after it was occupied by an enemy of His Majesty in that War and that operated against that enemy; (groupe de résistance)
2(1)[p62]
second adjustment quarter, in relation to a payment quarter, means,
2(1)[p62](a)
if the payment quarter commences on the first day of April, the period of three months commencing on the first day of August next before that first day of April,
2(1)[p62](b)
if the payment quarter commences on the first day of July, the period of three months commencing on the first day of November next before that first day of July,
2(1)[p62](c)
if the payment quarter commences on the first day of October, the period of three months commencing on the first day of February next before that first day of October, and
2(1)[p62](d)
if the payment quarter commences on the first day of January, the period of three months commencing on the first day of May next before that first day of January; (second trimestre de rajustement)
2(1)[p67]
surviving common-law partner, in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former common-law partner of that individual; (conjoint de fait survivant)
2(1)[p68]
surviving spouse, in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a divorced spouse of that individual; (époux survivant)
2(1)[p69]
survivor, in relation to an individual, means
2(1)[p69](a)
a surviving spouse or surviving common-law partner of that individual who is not a veteran and who has not remarried or married, as the case may be, or acquired a subsequent common-law partner,
2(1)[p69](b)
a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has remarried or married, as the case may be, and whose spouse of that marriage dies or whose marriage ends in dissolution or legal separation, and
2(1)[p69](c)
a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has acquired a subsequent common-law partner and whose subsequent common-law partner dies or who ceases to cohabit with that common-law partner; (survivant)
2(1)[p73]
veteran means any former member of the North West Field Force and any of the following persons, more particularly described in section 37, namely,
2(1)[p73](a)Repealed
[Repealed, 2015, c. 3, s. 167]
2(1)[p73](b)
a Canadian veteran of World War I or World War II,
2(1)[p73](b.1)
a merchant navy veteran of World War I or World War II,
2(1)[p73](c)
an allied veteran,
2(1)[p73](d)
a Canadian dual service veteran,
2(1)[p73](e)
an allied dual service veteran,
2(1)[p73](f)
a Canadian Forces veteran, and
2(1)[p73](g)
a Canadian merchant navy veteran of the Korean War. (ancien combattant)
2(1)[p82]Repealed
widow, widower or surviving spouse[Repealed, 2000, c. 12, s. 317]
2(2)Surviving spouse of allied veteran
For the purposes of this Act, the definition survivor in subsection (1) includes a person who has resided in Canada for a total period of at least 10 years and who was the spouse or common-law partner of an individual at the time of the individual’s death and the individual
2(2)(a)
died after October 13, 2008;
2(2)(b)
was, at the time of death, a resident in Canada; and
2(2)(c)
was, at the time of death, an individual described in subsection 37(4.1) or (4.2), even if they had not resided in Canada for a total period of at least 10 years, but only if the total of the time they resided in Canada prior to their death and the time that has elapsed since their death is at least 10 years.
2(3)Survivor — limitation
For the purposes of the definition survivor in subsection (1), a spouse or common-law partner is the survivor of an allied veteran referred to in paragraph 37(4)(d.1) or subsection 37(4.1) or (4.2) only if that allied veteran died after October 13, 2008.
3Status of males and females
Male and female veterans under this Act enjoy equality of status and, subject to subsection 4(2), equal rights and obligations under this Act.
4Veterans, survivors and orphans
4(1)
Subject to this Act, an allowance is payable to and who is resident in Canada.
4(1)(a)
any male person who is a veteran or a survivor of a veteran and who has attained the age of sixty years,
4(1)(b)
any female person who is a veteran or a survivor of a veteran and who has attained the age of fifty-five years,
4(1)(c)
any veteran, or survivor of a veteran, who, in the opinion of the Minister,
4(1)(c)(i)
is permanently unemployable because of physical or mental disability,
4(1)(c)(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
4(1)(c)(iii)
is, because of the need to provide care for a dependent child residing at home, incapable of maintaining himself or herself, and
4(1)(d)
an orphan,
4(2)Exception
Section 3 does not apply to subsection (1).
4(3)Amount of allowance
The monthly allowance payable under this section to a veteran, survivor or orphan in a current payment period shall be computed as follows:
4(3)(a)
determine the applicable monthly income factor specified for the veteran, survivor or orphan in column II of the schedule;
4(3)(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
4(3)(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,
4(3)(c)(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
4(3)(c)(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.
4(4)Payment where recipient absent from Canada
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
4(4)(a)
is a recipient of an allowance under this section or section 5; and
4(4)(b)
had been resident in Canada for the twelve months immediately preceding that day.
4(5)Payment to survivors and orphans resident outside Canada
Notwithstanding anything in this section, the allowance payable under this section to a survivor or orphan may be paid to
4(5)(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
4(5)(b)
an orphan of a recipient if that orphan resides outside Canada and if that recipient, at the time of death,
4(5)(b)(i)
was receiving an additional allowance in respect of the child, or
4(5)(b)(ii)
would have been eligible to receive an additional allowance in respect of the child but for the level of the recipient’s income.
4(5.1)Exception — allied veterans
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.
4(6)Veteran couples
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.
4(6.1)Veteran couples
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
4(6.1)(a)
were a veteran without a spouse or common-law partner; and
4(6.1)(b)
had one half of the aggregate of the income and benefits of both veterans.
4(7)Dependent child allowance exception
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.
4(8)If couple not residing together
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.
5Death 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.
5(1.1)Amount of allowance
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.
5(1.2)Inclusion of amount for dependent child
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.
5(2)Death of spouse or common-law partner
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).
5(3)Death of child
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).
5(4)Limitation on allowance payable
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.
5(5)Applications pending at time of death
Where, at any time after March 31, 1955, a veteran dies and, at the time of death, 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.
5(5)(a)
the veteran was eligible for an allowance under section 4, and
5(5)(b)
an application for that allowance made by the veteran and received by the Minister was pending,
5(6)Saving
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.
6When allowance to cease
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.
6.1Repealed
[Repealed, 1995, c. 17, s. 69]
6.2Continuation 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.
6.2(2)Continuation of right to allowance
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.
6.2(3)When no allowance payable
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.
6.2(4)Residency requirement
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.
6.2(5)Exceptions
Notwithstanding subsections (3) and (4), a person to whom subsection (1) or (2) applies who 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.
6.2(5)(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
6.2(5)(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
6.2(6)Status as spouse, common-law partner or child
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.
7Definition of income
7(1)
For the purposes of this Act, income, of a person for a calendar year, has the same meaning as in section 2 of the Old Age Security Act except that, for the purposes of this Act,
7(1)(a)Repealed
[Repealed, 1992, c. 48, s. 30]
7(1)(a.1)
there shall be included in income of the person for the year any payment made to the person or the person’s spouse or common-law partner, if any, in the year under
7(1)(a.1)(i)
the Flying Accidents Compensation Regulations,
7(1)(a.1)(ii)
the Royal Canadian Mounted Police Superannuation Act,
7(1)(a.1)(iii)
section 22 of the Corrections and Conditional Release Act, and
7(1)(a.1)(iv)
the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970;
7(1)(b)
there shall not be included in income of the person for the year
7(1)(b)(i)
casual earnings in the year being net income from employment, self-employment or rental of property the aggregate of which from those sources does not exceed, in respect of the person, the person and the person’s spouse or common-law partner or the person and the person’s spouse or common-law partner who is a veteran, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner, a person with a spouse or common-law partner and a person with a spouse or common-law partner who is a veteran,
7(1)(b)(ii)
net interest income in the year from any source the aggregate of which does not exceed, in respect of the person or the person and the person’s spouse or common-law partner, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner and a person with a spouse or common-law partner,
7(1)(b)(iii)
any amount paid under any law that provides compensation to workers injured in the course of their employment as an attendance allowance in respect of the person or the person’s spouse or common-law partner, if any, or the person’s survivor or orphan, or
7(1)(b)(iv)
any amount paid to the person or the person’s spouse or common-law partner, if any, or the person’s survivor or orphan by reason of a decoration for gallantry;
7(1)(c)
business losses and capital losses shall be taken into account in the year in which those losses occurred;
7(1)(d)
dividend income shall be taken into account on the basis of the actual amount of the dividend; and
7(1)(e)
paragraph (d) of the definition income in section 2 of the Old Age Security Act does not apply.
7(2)If change to other Acts
Despite subsection (1), if it appears to the Governor in Council that any amendment to the Income Tax Act or the regulations made under that Act, or to the Old Age Security Act, would result in a significant change in the amount of any allowance payable in respect of any class of persons under this Act, the Governor in Council may make orders to alleviate the effect of the change by deeming, for the purposes of this Act, revenue specified in the orders, or a part of that revenue, to be or not to be, as the case may require, income of a person referred to in subsection (1).
8Application for allowance
No allowance is payable under section 4 unless an application therefor has been made in accordance with this Act and the regulations and the allowance has been awarded.
8.1Statement of income to be made
8.1(1)
Every person who makes an application for an allowance shall include in the application a statement of the income of the person and the person’s spouse or common-law partner, if any, for the base calendar year.
8.1(1.1) and (1.2)Repealed
[Repealed, 2000, c. 34, s. 72]
8.1(2)Option to file statement of estimated income
If there is an ongoing decrease in the income of an applicant, a recipient or, when applicable, the spouse or common-law partner of an applicant or a recipient, beginning in any month in the period between the beginning of the base calendar year and the end of the current payment period, the applicant or recipient may file with the Minister, in addition to any statement required under subsection (1) or 27(1), a statement of the estimated monthly income of the applicant or recipient and, when applicable, of the spouse or common-law partner of the applicant or recipient.
8.1(3)Effect on amount of monthly allowance
The monthly allowance payable to the applicant or recipient referred to in subsection (2) for the month in which the decrease in income began, and for any subsequent month in the previous and current payment periods, shall be based on the estimated monthly income if is less than by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).
8.1(3)(a)
the estimated monthly income
8.1(3)(b)
one twelfth of the income for the base calendar year applicable to that month
8.1(4)Continuation of allowance based on estimated income
If a recipient’s monthly allowance for the last month of the previous payment period was based on estimated monthly income, the monthly allowance payable for the current payment period may be based on the same estimated monthly income if continues to be less than by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).
8.1(4)(a)
that estimated monthly income
8.1(4)(b)
one twelfth of the income for the base calendar year applicable to the current payment period
8.1(5)If ongoing increase in income occurs
Each time that a recipient whose allowance is based on estimated monthly income experiences an ongoing increase in income or, when applicable, in the income of their spouse or common-law partner,
8.1(5)(a)
the recipient shall without delay notify the Minister of the increase; and
8.1(5)(b)
the calculation of the recipient’s monthly allowance for the month in which the increase began, and for subsequent months in the current payment period, shall be based on that increase.
9Enemy forces
No allowance shall be paid to any person who served in enemy forces during either World War II or the Korean War.
10Survivor
10(1)
Subject to subsection (2), no allowance shall be paid to the survivor of a veteran unless the survivor was residing with, maintaining or being maintained by the veteran at the time of the veteran’s death.
10(2)Exemption
The Minister may exempt any survivor from the operation of subsection (1) in any case where the Minister deems it just and reasonable to do so.
11Recent marriage
Notwithstanding anything in this Act, no allowance under section 4 shall be paid and no allowance under section 5 shall be awarded to the surviving spouse of a veteran if the veteran dies within one year after the date of the marriage, unless, in the opinion of the Minister
11(a)
the veteran was at the time of that marriage in such a condition of health as to justify the veteran in having an expectation of life of at least one year; or
11(b)
the circumstances surrounding the marriage and subsequent death of the veteran are of such a special nature as to merit the payment or award of an allowance.
12Allowance only to dependent child
12(1)
Except where an allowance is payable to a person other than by virtue of that person being a child, no allowance shall be paid to or in respect of a child unless the child is a dependent child.
12(2)Discontinuance of child allowance
Payment of an allowance to or in respect of a dependent child shall be suspended where the child is being wholly maintained at the expense of a provincial or municipal institution or by any branch or agency of the Government of Canada, other than the Department.
12(3)Commencement or discontinuance of allowance for dependent child
An allowance to or in respect of a dependent child who in any month becomes or ceases to be eligible for an allowance shall be paid as if the dependent child was eligible for the allowance for the whole month and not just a part thereof.
13Rights under Pension Act
The right of any veteran to receive a pension under the Pension Act is not affected by anything in this Act or by the receipt of any allowance.
14Absence from Canada
14(1)
Where a recipient of an allowance under section 4 absents themself from Canada, payment of the allowance shall, subject to subsection (4) of that section, be suspended immediately following the payment for the month in which the recipient so absents themself, but may be resumed when the recipient returns to Canada.
14(2)On imprisonment of recipient
Where, on or after July 17, 1980, a recipient of an allowance is convicted of an offence and sentenced to a term of imprisonment, the payment of the allowance shall be suspended from the first day of the seventh month of that imprisonment until the release from imprisonment except that the payment thereof may be continued where the Minister is of the opinion that,
14(2)(a)
where a spouse, common-law partner or child of the recipient is entitled to be supported by the recipient at the time of the recipient’s conviction, the spouse, common-law partner or child continues to be entitled to that support; or
14(2)(b)
the continuation of the payment of the allowance would assist the recipient in his or her rehabilitation.
14(3)On imprisonment of applicant
Where an applicant for an allowance who is serving a term of imprisonment is eligible for an allowance, an allowance may be awarded to the applicant and may be paid during that imprisonment where the Minister is of the opinion that
14(3)(a)
a spouse, common-law partner or child of the applicant is entitled to be supported by the applicant at the time of the applicant’s conviction and the spouse, common-law partner or child continues to be entitled to that support; or
14(3)(b)
the payment of the allowance would assist the applicant in his or her rehabilitation.
15Payments to other persons
15(1)
Where the Minister is of the opinion that a recipient would be likely to apply the amount of any allowance otherwise than to the best advantage, the Minister may direct the payments to be made to and administered by such person as the Minister selects.
15(2)Holding of allowance for recipient in certain cases
Where it appears to the Minister that a recipient is, the Minister may direct that the allowance payable to the recipient be held and administered by the Minister or a person or agency selected by the Minister for the benefit of the recipient and the spouse, common-law partner or dependent child, as the case may be.
15(2)(a)
by reason of infirmity, illness or other cause, incapable of managing their own affairs, or
15(2)(b)
not maintaining a spouse, common-law partner or dependent child,
15(3)Minimum payment to recipient
In circumstances where paragraph (2)(a) does not apply but paragraph (2)(b) applies, the Minister or person or agency may hold and administer only that portion, if any, of the allowance of a recipient in excess of the amount of allowance that would be payable to the recipient if the recipient were a person to whom the income factor specified in column II of the schedule opposite paragraph 1(a) or, if the recipient is blind, opposite paragraph 1(d), applied.
16Indebtedness to Director of Veterans’ Land Act
For the purpose of ensuring continued occupancy by a recipient of a home acquired by the recipient under the Veterans’ Land Act, chapter V-4 of the Revised Statutes of Canada, 1970, the Minister may, with the consent in writing of the recipient, enter into an arrangement with The Director, The Veterans’ Land Act to pay to that Director out of the recipient’s allowance an amount not exceeding the amount of principal and interest, calculated on a monthly basis, as provided in the recipient’s agreement of sale with The Director, The Veterans’ Land Act to be applied against the indebtedness of the recipient under the Veterans’ Land Act.