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Vol. 137, No. 51 — December 20, 2003 Regulations Amending the Veterans Allowance RegulationsStatutory Authority War Veterans Allowance Act Sponsoring Department Department of Veterans Affairs REGULATORY IMPACT Description War Veterans Allowance (WVA) is a form of financial assistance available from Veterans Affairs Canada (VAC) pursuant to the War Veterans Allowance Act, the Civilian War-related Benefits Act and the Veterans Allowance Regulations. It is made available in recognition of war service to eligible veterans and to certain qualified civilians (those who served in close support of the war effort) to provide them with a regular monthly income to meet their basic needs. WVA is an income-tested benefit, and most regular income must be considered to determine eligibility. Veterans Affairs Canada can supplement income up to a maximum ceiling set by law. This income ceiling is adjusted quarterly in accordance with increases in the Consumer Price Index. WVA is based on income, married or common-law status and number of dependants. Recipients are paid at a single, couple or orphan's rate. The income assessment methodology is similar to that used by the Guaranteed Income Supplement program, which is a major federal income support program and which is authorized under the Old Age Security Act and administered by Human Resources Development Canada. As well, a similar definition of "income" is in place for both of these programs and is based on the Income Tax Act. Eligibility is determined by wartime service of a veteran or qualified civilian, age or health, income and residency. Surviving spouses, surviving common-law partners or orphans may also qualify for WVA if the deceased veteran or civilian had the required war service. The Veterans Allowance Regulations contain the terms and conditions regarding the administration of the WVA program, as authorized under section 25 of the War Veterans Allowance Act. These amendments will: — incorporate a definition of "blindness" directly in the Regulations. Previously, the definition was in the Blind Persons Regulations, C.R.C. 1978, c. 371, with a cross-reference in the War Veterans Allowance Act. With the repeal of the Blind Persons Act, R.S.C. 1970, c. B-7, the statute governing the Blind Persons Regulations, it has become necessary to accommodate the regulation-making authority in the War Veterans Allowance Act to allow the making of regulations defining "blindness" for the purposes of the War Veterans Allowance program. To this end, an Order in Council fixes January 1, 2004, as the date of coming into force of subsections 32(5) and 37(2) and section 40 of An Act to amend the statute law in relation to war veterans, assented to on December 17, 1990, being chapter 43 of the Statutes of Canada. Those provisions allow for the making of regulations defining "blindness" for the purposes of the War Veterans Allowance Act. Under that Act, blind recipients may receive a higher rate of veterans' income support allowance. — facilitate the recovery of overpayments. With the passage of Bill C-41 (An Act to amend the statute law in relation to veterans' benefits, S.C. 2000, c. 34), which came into force on October 27, 2000, section 18 (Recoveries and Overpayments) of the War Veterans Allowance Act was amended whereby both the time restrictions for overpayment calculation purposes and deduction limits for recovery per month were removed. As well, other simplifications and clarifications were made in wording. All modifications were intended to increase the Government's ability to recover overpayments. Section 10.2 of the Regulations, which stipulates the dollar amount which may be retained per month from an allowance recipient's cheque, now needs to be repealed in order to complete this approach. — improve accounting for client absences from Canada. Prior to April 1, 1998, the determination of the new allowance rates for the next year coincided with the start and end dates of a fiscal year; that is, commencing April 1 and ending March 31, twelve months later. The War Veterans Allowance Act was then amended to reflect a change from the fiscal year concept to one of "payment period"; that is, one commencing July 1 and ending on June 30 of the following year. For Allied Veterans, subsection 8(2) of the Veterans Allowance Regulations provides for permissible periods of temporary absences from Canada without losing their allowance benefits. Prior to the legislative amendment noted above, the accounting for the number of absent days these clients had within the payment year for allowance benefit purposes was based on a "fiscal year." For purposes of consistency within the allowance program, section 8(2) of these Regulations is being amended so that the accounting of the consecutive and/or cumulative number of days of temporary absences will be based on a "payment period" rather than that of "fiscal year." — ensure gender-neutral terminology throughout the regulatory text. These amendments are required in light of outdated terminology being found in the Regulations (e.g. "his," "he"), and to make consequential amendments further to the Modernization of Benefits and Obligations Act (S.C. 2000, c. 12). — make other technical changes. For example, these amendments will replace an outdated legislative reference to the Civilian War Pension and Allowances Act with the Civilian War-related Benefits Act. — clarify and modernize terminology; and — enable the Department to administer the War Veterans Allowance program by acknowledging the practical use of all modern modes of communications, as required. Alternatives There are no alternatives, as the War Veterans Allowance program is governed under a regulatory framework. Benefits and Costs It is anticipated that these amendments will be cost neutral, as they basically bring the Veterans Allowance Regulations in line with prior amendments in the War Veterans Allowance Act, including the continuation of the increase in allowance benefits for persons who meet the definition of "blindness." Consultation This proposal is outlined in Veterans Affairs' Report on Plans and Priorities, 2003-2004, at Table 6, page 48, as well as in the Veterans Affairs' Performance Report, for the period ending March 31, 2003, in the Annex entitled "Regulatory Initiatives" on page 57. These regulatory amendments will be pre-published in the Canada Gazette, Part I, for a period of 30 days. The major veterans' organizations are being consulted and are supportive of this proposal. Compliance and Enforcement Compliance and monitoring procedures will continue to apply to the provision of the War Veterans Allowance benefits as stipulated in this amendment. Established administrative benefit control procedures will continue to be used to determine the eligibility of applicants and the continuation of benefits for recipients of the War Veterans Allowance program. Mary Brodersen, Chief, Legislation (Statutes), Veterans Affairs Canada, 161 Grafton Street, Room 304, P.O. Box 7700, Charlottetown, Prince Edward Island C1A 8M9, (902) 368-0682 (Telephone), (902) 368-0437 (Facsimile), mebroder@vac-acc.gc.ca (Electronic mail). Notice is hereby given that the Governor in Council, pursuant to section 25 (see footnote a) of the War Veterans Allowance Act, proposes to make the annexed Regulations Amending the Veterans Allowance Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mary Brodersen, Chief of Legislation (Statutes), Policy Coordination and Ottawa Headquarters, Veterans Affairs Canada, P.O. Box 7700, 161 Grafton Street, Charlottetown, Prince Edward Island C1A 8M9 (tel.: (902) 368-0682; fax: (902) 566-8826; e-mail: mebroder@vac-acc.gc.ca). Ottawa, December 11, 2003
EILEEN BOYD
REGULATIONS AMENDING THE VETERANS AMENDMENTS 1. (1) The definitions "guaranteed income supplement", "old age security pension" and "spouse's allowance" in section 2 of the Veterans Allowance Regulations (see footnote 1) are repealed. (2) Section 2 of the Regulations is amended by adding the following in alphabetical order: "old age security benefit" means any benefit payable under the Old Age Security Act; (prestation de sécurité de la vieillesse) 2. (1) Subsections 3(1) to (3) of the Regulations are replaced by the following: 3. (1) A person may make an application for an allowance (a) by attending at an office of the Department or contacting an officer who represents the Department, giving the person's full name and address and any other information that will enable the person's records to be located and furnishing, on request, the information specified in subsection (4); or (b) by filing a notice with the Department indicating the person's intention to apply for an allowance and giving the person's full name and address and any other information that will enable the person's records to be located. (2) Where any person is unable, by reason of physical or mental disability, to make an application for an allowance, an application may be made on the person's behalf by any responsible person. (3) Where the Department receives a notice referred to in paragraph (1)(b), the Department shall, in writing, immediately request the applicant, or the person making the application on the applicant's behalf, to furnish the information specified in subsection (4). (2) Paragraphs 3(4)(b) to (d) of the Regulations are replaced by the following: (b) the names of the applicant's spouse or common-law partner and dependent children, as well as all relevant information relating to them; (c) the income of the applicant and of the applicant's spouse or common-law partner; (d) an indication as to whether the applicant is in receipt of a disability pension related to military service or has accepted a commuted pension; and 3. Section 4 of the Regulations is replaced by the following: 4. (1) Every application shall include a declaration signed by the applicant, or the person making the application on the applicant's behalf, to the effect that all information and statements furnished are true and complete. (2) An application shall be regarded as completed when the applicant, or the person making the application on the applicant's behalf, has furnished the information required under section 3 and the declaration referred to in subsection (1). 4. Subsection 5(2) of the Regulations is replaced by the following: (2) The Minister may require any applicant to undergo any medical examination or provide any medical evidence or reports that, in the opinion of the Minister, are necessary to determine whether the applicant is a person described in paragraph 4(1)(c) of the Act. 5. Subsection 6(1) of the English version of the Regulations is replaced by the following: 6. (1) Subject to subsection (2), for the purpose of enabling the Minister to determine the age of an applicant, the applicant shall furnish, when requested by the Minister, a certificate of birth or baptism or, if such a certificate is not obtainable, some other documentary evidence from which the applicant's age may be determined. 6. Section 7 of the Regulations and the heading before it are replaced by the following: Status of Spouse or Common-law Partner 7. For the purpose of determining the applicant's status as a spouse or common-law partner, the Minister may accept (a) a marriage certificate or any other document that establishes the applicant's status as a spouse; or (b) any evidence that establishes the applicant's status as a common-law partner. Blindness 7.1 (1) For the purposes of the Act, a person is considered to be blind if the person's visual acuity in both eyes with proper refractive lenses is 20/200 (6/60) or less in accordance with the Snellen Chart or its equivalent, or if the greatest diameter of the person's field of vision in both eyes is less than 20 degrees. (2) The diameter of a person's field of vision is to be determined by the use of (a) a tangent screen at a distance of one metre using a ten millimetre white test object; or (b) a perimeter at a distance of one third of a metre using a three millimetre white test object. 7. Subsection 8(2) of the Regulations is replaced by the following: (2) A person's residence in Canada is deemed not to be interrupted where the person has been temporarily absent from Canada for no more than 183 consecutive days, or for no more than 183 days cumulatively in a payment period. 8. Section 9 of the Regulations is repealed. 9. (1) The portion of subsection 10(1) of the Regulations before paragraph (a) is replaced by the following: 10. (1) Subject to subsection (2), where an allowance is awarded to an applicant, the applicant is entitled to receive the allowance (2) Paragraph 10(1)(b) of the Regulations is replaced by the following: (b) where the application was made as described in paragraph 3(1)(b), from the first day of the month in which the notice was filed with the Department. (3) Subsection 10(3) of the Regulations is replaced by the following: (3) Where the Minister has received information that the circumstances of the recipient or of the spouse or common-law partner of the recipient have changed, and the Minister has completed the Minister's investigations into all matters relating to the change in circumstances, the Minister shall adjudicate the right of the recipient to the allowance and determine the amount of the allowance to be awarded, if any. (4) The portion of subsection 10(4) of the English version of the Regulations before paragraph (a) is replaced by the following: (4) For the purpose of determining the amount of allowance that a recipient is entitled to receive when a change in the circumstances of the recipient results in a change in the class of the recipient as set out in column I of the schedule to the Act or the income factor of the recipient as set out in column II of the schedule to the Act, the change shall take effect from 10. (1) The portion of subsection 10.1(1) of the French version of the Regulations before paragraph (b) is replaced by the following : 10.1 (1) Lorsqu'une allocation devient payable ou qu'une allocation peut être versée en vertu de la Loi à une personne visée au paragraphe 17(2) de la Loi, le montant de la retenue ne doit pas dépasser l'excédent du montant visé à l'alinéa a) sur celui visé à l'alinéa b) : a) le montant d'une avance ou d'un paiement d'aide ou de prestations d'assistance sociale versé à cette personne par une province ou une municipalité; (2) Paragraphs 10.1(2)(c) and (d) of the Regulations are replaced by the following : (c) the Minister has notified the provincial or municipal authority that paid the recipient the advance, assistance or welfare payment of the date that an allowance was authorized to be paid to that recipient and within 30 days of such notification the Minister receives from that authority a declaration in which the recipient had, before receiving the advance, assistance or welfare payment, consented in writing to a deduction from the recipient's allowance and to the payment to the government of the province or the municipal authority of the amount of the deduction; (d) the recipient described in the declaration referred to in paragraph (c) forwards a statement to the Minister acknowledging receipt of the advance, assistance or welfare payment and setting out the amount of the payment; and (3) Paragraph 10.1(2)(e) of the English version of the Regulations is replaced by the following: (e) where the recipient referred to in paragraph (d) has not forwarded the statement referred to in that paragraph, the Minister has verified that the recipient received the advance, assistance or welfare payment and the amount of the payment and that the recipient has been informed by mail that a deduction is to be made. (4) Subsection 10.1(3) of the Regulations is replaced by the following: (3) No payment shall be made to the government of a province or a municipal authority under subsection 17(2) of the Act until 60 days have elapsed since the recipient was informed in writing that a deduction is to be made from the recipient's allowance under that subsection and was informed in writing of the amount of the deduction. (5) Paragraph 10.1(4)(a) of the Regulations is replaced by the following: (a) clearly identify the recipient and the provincial or municipal authority making the advance, assistance or welfare payment to the recipient; and (6) Paragraph 10.1(4)(b) of the English version of the Regulations is replaced by the following : (b) indicate that the recipient consented to a deduction of an amount not exceeding the amount of the advance, assistance or welfare payment from any allowance payable to the recipient under the Act. 11. Section 10.2 of the Regulations is repealed. 12. Subsection 11(1) of the Regulations is replaced by the following: 11. (1) Every recipient shall immediately notify the Minister of any change in the circumstances of the recipient or the recipient's spouse or common-law partner, as the case may be, that results in a change in the class of the recipient as set out in column I of the schedule to the Act or the income factor of the recipient as set out in column II of that schedule. 13. The portion of subsection 12(1) of the English version of the Regulations before paragraph (a) is replaced by the following: 12. (1) When the income factors specified in column II of the schedule to the Act are adjusted quarterly under section 19 of the Act, 14. Sections 14 to 16.1 of the Regulations are replaced by the following: 14. (1) Subject to subsection (2), where a veteran and the veteran's spouse or common-law partner, or the veteran's survivor or orphan, as the case may be, has applied for or is in receipt of an allowance and would also be eligible for an old age security benefit if they applied for one, the current monthly benefit deemed to be payable for the purposes of subparagraph 4(3)(c)(i) of the Act, shall be the amount of the old age security benefit that they would be eligible to receive, starting in the fourth month after the old age security benefit became payable. (2) Where a veteran and the veteran's spouse or common-law partner, or the veteran's survivor or orphan, as the case may be, has duly applied for an old age security benefit and receipt of it is delayed by circumstances beyond their control, the Minister shall assess the old age security benefit as a current monthly benefit payable for the purposes of subparagraph 4(3)(c)(i) of the Act effective the first day of the month in which payment of it is received. (3) Where a veteran and the veteran's spouse or common-law partner, or the veteran's survivor or orphan, as the case may be, who would be eligible for an allowance if they were not receiving an old age security benefit, wishes to take up residence outside Canada for a period longer than six months and the old age security benefit, in whole or in part, would be discontinued following departure from Canada, they may, as of the first day of the month that is three months prior to the anticipated date of departure, elect in writing to forego the old age security benefit, in whole or in part, in order to be in receipt of an allowance prior to leaving Canada. (4) The old age security benefit, or the part of it, that is foregone under subsection (3) shall not be regarded as a current monthly benefit deemed to be payable for the purposes of subparagraph 4(3)(c)(i) of the Act. Couples Not Residing Together 15. For the purposes of subsection 4(8) of the Act, an applicant or recipient and their spouse or common-law partner are not residing together if (a) as the result of a physical or emotional condition of the applicant or recipient or their spouse or common-law partner, or of a dependent child, the couple is unable to reside together; or (b) the applicant or recipient and their spouse or common-law partner are unable to reside together as the result of circumstances beyond their control and, the couple has been classified as recipients of any old age security benefit at the single rate. 16. For the purposes of subparagraph 7(1)(b)(i) of the Act, the maximum amount of casual earnings is (a) in the case of a person, $2,900; (b) in the case of a person and the person's spouse or common-law partner, a combined total of $4,200 for the couple; and (c) in the case of a person and the person's spouse or common-law partner who is a veteran, a combined total of $4,200 for the couple. 16.1 For the purposes of subparagraph 7(1)(b)(ii) of the Act, the maximum amount of net interest income in the year from any source is (a) in the case of a person, $140; and (b) in the case of a person and the person's spouse or common-law partner, a combined total of $140 for the couple. 15. Paragraphs 17(1)(a) and (b) of the Regulations are replaced by the following: (a) record the adjudication and the reasons for it; (b) inform the applicant or recipient whose interests are affected by the adjudication of
(ii) the right to apply for a review of the adjudication under subsection 32(1) of the Act; and 16. (1) Subsection 17.1(1) of the Regulations is replaced by the following: 17.1 (1) Where an applicant or a recipient is dissatisfied with an adjudication affecting them that is made by the Minister under the Act, other than an adjudication under subsection 18(2) of the Act, the applicant or recipient, or a person acting on their behalf, may apply for a review of the adjudication by forwarding, within 60 days after the date the applicant or recipient was informed of the adjudication, a request for review to an officer or employee of the Department designated by the Minister under subsection 32(1) of the Act. (2) Subsection 17.1(2) of the French version of the Regulations is replaced by the following: (2) Malgré le paragraphe (1), le cadre ou le fonctionnaire désigné peut examiner la demande de révision présentée après l'expiration du délai de soixante jours prévu à ce paragraphe, s'il existe des raisons particulières qui justifient la prolongation du délai. (3) Subsections 17.1(3) and (4) of the Regulations are replaced by the following: (3) Subject to subsection (4), the designated officer or employee shall, within 30 days after receipt of a request for review under subsection (1), review the adjudication referred to in the request and record their adjudication of the review and the reasons for it. (4) Where a designated officer or employee cannot review an adjudication within the 30 days required under subsection (3), they shall notify the applicant or recipient whose interests are affected by the adjudication, or a person acting on behalf of the applicant or recipient, of the delay and the reason for it. (4) The portion of subsection 17.1(5) of the Regulations before paragraph (a) is replaced by the following: (5) Where a designated officer or employee referred to in subsection (1) confirms or alters an adjudication, the officer or employee shall (5) Paragraphs 17.1(5)(a) and (b) of the English version of the Regulations are replaced by the following: (a) notify, in writing, the applicant or recipient whose interests are affected by the adjudication, or the person acting on behalf of the applicant or recipient, of the adjudication and the reasons for it; and (b) inform the applicant or recipient of the right to appeal to the Board and that, in pursuing the right to appeal, the applicant or recipient may have the assistance of and be represented by the Bureau of Pensions Advocates free of charge, be represented by a service bureau of a veterans' organization or, at their own expense, be represented by any other representative. 17. Paragraph 28(a) of the Regulations is replaced by the following: (a) the Civilian War-related Benefits Act (Parts I to X); and COMING INTO FORCE 18. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered. (2) Section 7.1 of the Veterans Allowance Regulations and the heading before it, as enacted by section 6 of these Regulations, come into force on the day on which subsections 32(5) and 37(2) and section 40 of An Act to amend the statute law in relation to war veterans, chapter 43 of the Statutes of Canada, 1990, come into force. [51-1-o] S.C. 2000, c. 34, s. 80 C.R.C., c. 1602 |
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