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Questions & Answers
GeneralQ1: What is the original Veterans Charter and why do we need a new one? A1: The original Veterans Charter, legislation enacted at the end of the Second World War, provided a comprehensive set of programs and services designed to facilitate the transition and rehabilitation of Veterans from military to civilian life. It was characterized by then Minister of Veterans Affairs, the Hon. Ian MacKenzie, as "the most ambitious program of rehabilitation ever undertaken, in this or any other country." As these Veterans aged, their needs changed, and the programs changed with them. The New Veterans Charter is being developed to address the unique needs of CF Veterans who require programs and services based on opportunity and wellness. The average age of releasing CF members is 36 - an age where they and their families need the assurance of a secure future; and assistance as they transition from their specialized career in the Forces to civilian employment. In addition, some of them will require support to address chronic pain, permanent disability and operational stress injuries resulting from their service to our country. Q2: When will the new services be available to CF Veterans? A2: The enabling legislation for the New Veterans Charter has received Royal Assent. It is called the Canadian Forces Members and Veterans Re-Establishment and Compensation Act. New programs and initiatives arising from this legislation could be implemented as early as April 2006. Q3: Is modernization a cost-saving measure? A3: No. VAC's modernization initiative is not about saving. We are re-allocating resources from within a system that is not adequately meeting the needs of CF Veterans and their families, and investing in a broader range of programs and services. Q4: How will current clients be affected? A4: Traditional war service Veterans will be unaffected by these changes. Their needs are, and will continue to be, a priority. Simply put, we are adding capacity to serve all of our Veteran clients. Current clients and their survivors will continue to receive a monthly payment for any disability pension previously awarded under the Pension Act. Under the new Act, both current and former CF members will be able to apply for a lump sum award pertaining to a service-related disability for which no application has previously been made. CF Veterans may also apply for benefits and services under the new programs including rehabilitation and vocational assistance services, earnings loss benefits and health benefits based on service-related needs. ConsultationsQ1: What do Canadian Forces (CF) members think of the proposed new Veterans Charter? A1: Focus groups, in December 2004 and January 2005, were held to gather input from potential clients on the key elements of the program's proposals. The participants made it clear that they wanted programs and services tailored to their needs and the needs of their families. They emphasized that the programs should support wellness, independence and a successful transition to civilian life. Prior to the legislation's introduction in the House of Commons, VAC conducted information sessions at six CF bases in March and April 2005. These sessions were well attended by CF members and their families. While participants had a number of questions, they were receptive to the suite of programs and services being proposed. Q2: Are VAC's consultations complete? A2: No. Consultations with major Veterans' organizations and key stakeholders will continue throughout the development of regulations. Consultations will also continue as implementation unfolds. Additional information sessions continue to be held at CF Bases across the country. The Disability AwardQ1: Why is VAC proposing a lump sum disability award in place of a monthly disability pension? A1: As part of its research, VAC examined the current practices of Veterans Affairs Departments in countries such as Australia and the United Kingdom. Additional research examined what was being done in Canada by such entities as provincial Workers Compensation Boards and by Canadian courts through personal injury awards. Based on this research, and the modern principles of disability management, VAC designed a dual award approach toward compensation. One element of this dual-award approach is the Disability Award. It recognizes and compensates CF clients for non-economic effects of service-related disability, including pain and suffering, functional loss and the effects of permanent impairment on their lives and the lives of their families. The award will be paid as a tax-free lump sum payment. Awards will range from 1% to 100%, calculated in increments of 5%, with a maximum Award of $250,000 for a 100% disability. The second element of the dual-award approach is the Earnings Loss program. It will compensate for the economic impact that a service-related or career ending condition has on a CF Veteran's ability to earn a living. The two programs will operate independently. There will be no offsetting of benefits between them. The lump sum award has to be considered in the context of the overall suite of new programs. Currently, VAC provides eligible CF Veterans a monthly disability pension and limited benefits tied to that monthly pension. Under the new approach, eligible CF Veterans will be offered a comprehensive range of benefits and services not available to them under the present scheme. The programs of the New Veterans Charter will consist of Rehabilitation Services, Vocational Assistance, Health Benefits, Job Placement Assistance, Economic Loss Benefits (Earnings Loss, Supplementary Retirement Benefit, Permanent Impairment Allowance, and Canadian Forces Income Support) and the Disability Award. Q2: How was the $250,000 amount determined? A2: The $250,000 amount is based on related international and Canadian comparisons. This amount is comparable with what is being offered internationally and domestically in the context of other disability benefit packages. While more generous than what is being provided by Workers Compensation Boards, it is consistent with awards for pain and suffering provided by Canadian courts. Q3: If I receive a lump sum award, can I get advice to help me manage it? A3: Yes. If you and your family feel it would be helpful, you may seek independent financial advice. Some, or all, of the fees related to this counseling may be paid by our Department. In addition, after weighing your options, you may decide on your own to buy an annuity that can provide you and your family with a monthly payment. For clients who are not able to manage their own financial affairs, payments would be made to a legal representative, such as a public trustee, guardian, or power of attorney. Q4: What if, in spite of all efforts, the lump sum is spent and the Veteran is destitute? A4: The Disability Award lump sum has been designed to compensate for the non-economic impact of a disability. In the case where a Veteran has a service-related rehabilitation need, monthly financial support may be available through the Economic Loss Program (Earnings Loss Benefits and/or Canadian Forces Income Support). Q5: Should I apply now for a monthly pension OR wait to apply after the new Veterans Charter legislation comes into effect? A5: We cannot make this decision for you. The answer would depend on your own circumstances and personal preferences. A few key things to consider when making your decision are:
If you have made an application under the Pension Act but would now prefer to apply for a lump sum Disability Award, you have the right to withdraw your application (prior to a decision being rendered) and re-submitting an application for the Disability Award after the coming-into-force date of the new Act. If you need help or advice preparing and submitting a disability benefits application, you can contact: Veterans Affairs Canada or your Veterans' organization (e.g. the Royal Canadian Legion). Q6: What if I have started an application under the Pension Act in the past and it was later withdrawn, either by me or by Veterans Affairs Canada? A6: If you would prefer a ruling under the Pension Act, you must submit a signed pension application to VAC, received or postmarked no later than March 31, 2006. This application should contain all the information that is in your power to provide. At a minimum, it should contain your name, address, date of birth, the name of the disability being claimed, and your signature. A disability pension application can be downloaded from the following site: On-line Services. Help for familiesQ1: How will the proposed programs assist families? A1: The New Veterans Charter will provide family support in a number of areas: health benefits coverage; rehabilitation counseling; family counseling; case management; access to the rehabilitation program, including vocational assistance and job placement assistance (if the Veteran is not able to participate); and, if needed, payment of child care expenses for clients receiving rehabilitation/vocational assistance. Q2: What will the package provide for survivors? A2: In the tragic circumstance of a CF member's or Veteran's death due to military service, survivors would be eligible for financial support (Earnings Loss and, where applicable, Canadian Forces Income Support); rehabilitation/vocational services; as well as a lump sum Disability Award up to $250,000. In the event a CF member suffers a sudden, service-related death, a lump sum Death Benefit of $250,000 may also be awarded. Q3: What will this package provide for dependent children? A3: Canadian Forces Veterans participating in a Rehab plan may be reimbursed a portion of their child care expenses. In addition, a CF Veteran in receipt of Canadian Forces Income Support may also receive an additional payment for any dependent children. In cases of service-related death, dependent children may be eligible for a portion of the Disability Award and/or Death Benefit. Dependent children may be eligible for a portion of the Earnings Loss payment and may also be eligible for a Canadian Forces Income Support payment. Dependent children of eligible survivors may also receive health coverage under the Health Benefits Program. They may continue to be eligible for education assistance. Q4: Are spouses and partners of CF members or Veterans still eligible for a survivor's pension? A4: In the event a CF member suffers a sudden, service related death a lump sum Death Benefit of $250,000 would be paid to their survivor(s). When a CF member or Veteran dies from a condition or injury for which a Disability Award has already been provided, or would have been provided if application had been made, eligible survivors would receive a lump sum Disability Award up to $250,000, less the amount of the Disability Award already paid during the CF member or Veteran's lifetime. Any benefits payable to survivors entitled under the Pension Act would continue as well. How will it work?Q1: Will it take more or less time under the new system to receive benefits? A1: It will take less time to receive most of the New Charter's programs and services because eligibility for programs and services will no longer be based on the receipt of a disability pension. To ensure that VAC can quickly intervene with programs that will help to support a successful rehabilitation and transition to civilian life, our front-line staff will have decision-making authority and the necessary tools to address the needs of CF Veterans and their families, such as the provision of rehabilitation services, economic loss benefits and job placement services. While decisions on the Disability Award will likely take about the same amount of time as the current disability pension, the key difference is that the Disability Award will not be the only gateway to VAC programs and services. Q2: What appeal mechanisms will be in place should a CF member of Veteran not like/agree with a decision? A2: VAC's appeal process for Disability Awards will mirror what is currently in place in relation to disability pensions. Applicants may access legal representation and advice through the Bureau of Pensions Advocates, or representation by a service bureau of a Veterans' organization, or a representative of the Veteran's choice, and submit their reviews and appeals to the Veterans Review and Appeal Board. VAC will provide an internal review process for the Rehabilitation Services and Economic Loss programs where clients disagree with a decision. RCMPQ1: Are VAC's RCMP clients included in this modernization proposal? A1: The RCMP has been invited to be part of the Modernization effort from the outset, and their officials have been included in key sessions and decision points from the earliest stages. Although today's CF and RCMP members face similar challenges, there are real differences in their roles and career paths. The transition needs from police to civilian life may be quite different. Consequently, the RCMP has opted to undertake a needs analysis of their own members prior to committing to a new suite of programs. That needs analysis is currently underway, and a report is expected in January 2006. For more informationQ1: Who can I speak to for more information? A1: Specific details of the new programs and services are still being developed. New information will be continually posted on the VAC website (www.vac-acc.gc.ca) in the coming months. At this time, we can provide you with an information package. Questions respecting your eligibility for current programs can be directed toward your VAC Pension Officer or Area Counselor. You can also contact us at 1-866-522-2122. [NOTE: 1-866-522-2022 for FRENCH]
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