Veterans Health Care Regulations

Version of section 15 from 2018-04-01 to 2019-03-31:

  •  (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 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, 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
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