Veterans Health Care Regulations (SOR/90-594)

Regulations are current to 2019-08-28 and last amended on 2019-04-01. Previous Versions

PART IHealth Care Benefits (continued)

Supplementary Benefits (continued)

  •  (1) The remuneration referred to in paragraph 6(c) is payable

    • (a) where the treatment benefits are provided in Canada, at a daily rate computed by dividing by 30 the sum of the basic pension and the additional pension for a spouse or common-law partner that are payable for a class 1 pension under Schedule I to the Pension Act, as adjusted in accordance with Part V of that Act; and

    • (b) where the treatment benefits are provided in a country other than Canada, at the same rate and subject to the same conditions as the rate and conditions that are established for former members of the armed forces of that country for such escorts or, where no such rate is established, at the rate referred to in paragraph (a).

  • (2) [Repealed, SOR/95-440, s. 4]

  • SOR/95-440, s. 4
  • SOR/2001-326, s. 14

Treatment Allowances

 The following clients are eligible to receive a treatment allowance in respect of a period of acute care for a pensioned condition provided in a hospital or on an out-patient basis:

  • (a) veteran pensioners;

  • (b) civilian pensioners;

  • (c) military service pensioners or members who are entitled to a pension under the Pension Act for a disability related to military service that was not

    • (i) active service in World War I or World War II,

    • (ii) service in a theatre of operations, as that expression is defined in section 2 of the Veterans Benefit Act, or

    • (iii) special duty service, as defined in subsection 3(1) of the Pension Act;

  • (d) Red Cross pensioners;

  • (e) flying accident pensioners; and

  • (f) special duty service pensioners or members who are entitled to a pension under the Pension Act for a disability attributable to or incurred during special duty service, as defined in subsection 3(1) of that Act.

  • SOR/91-438, s. 3
  • SOR/2003-362, s. 13
  • SOR/2012-289, s. 3
  •  (1) A treatment allowance is payable at a rate that is equal to the difference between the monthly pension paid to the client, including any additional pension paid for a spouse or common-law partner or dependant of the client, and the amount that the client would receive were the client in receipt of a class 1 pension under Schedule I to the Pension Act.

  • (2) A treatment allowance is payable for a maximum of 60 days in any calendar year.

  • (3) Notwithstanding subsection (2), the Minister may authorize the payment of a treatment allowance to a client for more than 60 days in a calendar year if a medical assessment indicates the client’s need for acute care.

  • SOR/2001-326, s. 14

 [Repealed, SOR/95-440, s. 5]

Miscellaneous Benefits

  •  (1) Where the Minister requests that a person undergo a medical examination in order to establish that person’s entitlement to any benefit, service or care, the person is eligible to receive

    • (a) reimbursement of the cost of the examination incurred by the person; and

    • (b) reimbursement of the costs of travel incurred by the person in respect of the examination, in accordance with section 7.

    • (c) [Repealed, SOR/95-440, s. 6]

  • (2) Where the Veterans Review and Appeal Board requests that a person undergo a medical examination, the person is eligible to receive

    • (a) reimbursement of the cost of the examination incurred by the person;

    • (b) reimbursement of the costs of travel incurred by the person in respect of the examination, in accordance with section 7; and

    • (c) a treatment allowance payable in accordance with section 10 if the person is a client referred to in section 9 and is hospitalized in order to undergo the examination.

  • (3) Subsections (1) and (2) do not apply in respect of a medical examination required under the Veterans Well-being Act.

  • (4) The following clients are eligible to receive treatment benefits and supplementary benefits for a period that is equal to the shorter of one year and the total period of service of the client:

    • (a) veteran pensioners, special duty service pensioners and military service pensioners, if they take a course of training under the Pensioners Training Regulations; and

    • (b) veteran pensioners whose war-related pensioned condition is blindness, if they take a course of rehabilitative training in respect of blindness.

  • SOR/91-438, s. 4
  • SOR/92-406, s. 3
  • SOR/95-440, s. 6
  • SOR/98-386, s. 4
  • SOR/2003-362, s. 13
  • SOR/2006-50, s. 75
  • SOR/2017-161, s. 10

 [Repealed, SOR/2001-157, s. 4]

PART IIVeterans Independence Program

Eligibility

  •  (1) Subject to subsections (1.1) and (1.11), veteran pensioners, civilian pensioners and special duty service pensioners are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, where it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as an insured service under a provincial health care system, if

    • (a) they are resident in Canada; and

    • (b) an assessment indicates that

      • (i) their war-related pensioned condition impairs their ability to remain self-sufficient at their principal residence without those services, and

      • (ii) the provision of those services would assist them to remain self-sufficient at their principal residence or the provision of that care is necessary for health reasons.

  • (1.1) Seriously disabled veteran pensioners and seriously disabled civilian pensioners are not required to meet the requirement set out in subparagraph (1)(b)(i).

  • (1.11) Veteran pensioners and civilian pensioners, whose extent of disability, in respect of the aggregate of all of their disability assessments under the Pension Act and the Veterans Well-being Act, is equal to or greater than 48% are not required to meet the requirement set out in subparagraph (1)(b)(i).

  • (1.2) Military service pensioners and former members or reserve force members who are entitled to a disability award or entitled to pain and suffering compensation are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as a member or former member of the Canadian Forces nor available as an insured service under a provincial health care system, if

    • (a) they are resident in Canada; and

    • (b) an assessment indicates that

      • (i) their pensioned condition or the disability for which they are entitled to a disability award or entitled to pain and suffering compensation, as the case may be, impairs their ability to remain self-sufficient at their principal residence without those services, and

      • (ii) the provision of those services would assist them to remain self-sufficient at their principal residence or the provision of that care is necessary for health reasons.

  • (2) Subject to section 33.1, income-qualified veterans who are 65 years of age or more, income-qualified overseas service civilians who are 65 years of age or more and Canada service veterans are eligible to receive the veterans independence program services referred to in paragraphs 19(a) to (d) or, where it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as an insured service under a provincial health care system, if

    • (a) they are resident in Canada; and

    • (b) an assessment indicates that the provision of those services would assist them to remain self-sufficient at their principal residence or the provision of that care is necessary for health reasons.

  • (3) Subject to section 33.1, prisoners of war who are entitled to basic compensation under subsection 71.2(1) of the Pension Act and former members and reserve force members who have received a detention benefit under Part 3 of the Veterans Well-being Act are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available as an insured service under a provincial health care system, if

    • (a) they are totally disabled, whether by reason of military service or not;

    • (b) they are resident in Canada; and

    • (c) an assessment indicates that the provision of those services would assist them to remain in their principal residence or that the provision of that care is necessary for health reasons.

  • (4) Subject to section 33.1, overseas service veterans eligible for intermediate care or chronic care in a contract bed under subsection 21(1) are also eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d), to the extent that those services are not available to them as an insured service under a provincial health care system, if

    • (a) they have applied to the Minister for admission to a contract bed, and are not admitted because there is no vacancy in a contract bed within a reasonable distance of the community in which they normally reside;

    • (b) they are resident in Canada; and

    • (c) an assessment indicates that the provision of those services would assist them to remain self-sufficient at their principal residence.

  • SOR/91-438, s. 5
  • SOR/98-386, s. 6
  • SOR/2001-326, s. 3
  • SOR/2003-362, s. 4
  • SOR/2006-50, s. 76
  • SOR/2009-225, s. 16(F)
  • SOR/2012-289, s. 4
  • SOR/2016-31, s. 3
  • SOR/2017-161, s. 10
  • SOR/2018-177, s. 22
 
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