Veterans Well-being Act

Marginal note:Eligibility — survivor of eligible veteran

• 40.3 (1) The Minister may, on application, pay a retirement income security benefit to a veteran’s survivor if the veteran was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit at the time of their death.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the first day of the month after the month in which the veteran died, and

  • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a survivor shall be determined in accordance with the formula

  A – B

  where

  A

  is 50% of the retirement income security benefit to which the veteran would be entitled, or would have been entitled had the veteran applied, for the month in which the veteran dies, not taking into account amounts that are payable to the veteran from prescribed sources referred to in the description of C in subsection 40.1(4) or in the description of C in subsection 40.2(4), as the case may be; and

  B

  is the total amount payable to the survivor in respect of the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the value of A in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.