Veterans Well-being Act

Marginal note:Amount of benefit

• 23 (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section 22 that is payable in respect of a member or a veteran is 90% of the member’s or veteran’s imputed income for a month.

• Marginal note:Division of benefit

  (2) If an earnings loss benefit is payable to a survivor or an orphan, the following rules apply:

  • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the earnings loss benefit;

  • (b) if there is a survivor and one or more orphans,

    • (i) the survivor is entitled to 60% of the earnings loss benefit, and

    • (ii) the orphans are entitled, as a class, to 40% of the earnings loss benefit, divided equally among them; and

  • (c) if there are one or more orphans but no survivor, each orphan is entitled to the lesser of

    • (i) 40% of the earnings loss benefit, and

    • (ii) the amount obtained by dividing the earnings loss benefit by the number of those orphans.

• Marginal note:Deductions for survivor

  (3) Subject to the regulations, the monthly amount of the earnings loss benefit that is payable to a survivor shall be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of members or veterans;

  • (b) prescribing a minimum or a maximum amount of imputed income in respect of a class of members or veterans;

  • (c) providing for the periodic adjustment of an earnings loss benefit calculated in accordance with subsection (1) and an amount determined for the purposes of subsection (3); and

  • (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a survivor for a month.