Veterans Health Care Regulations

31.1 (1) Despite any other provision of these Regulations, an income-qualified veteran, income-qualified civilian or Canada service veteran who is in receipt of any benefit, service, care, premium or fee under subsection 3(4),(5) or (8) or 15(2), section 17 or 17.1, subsection 21(1) or 22(2) or section 27 is eligible to receive that benefit, service, care, premium or fee for life, regardless of any change in the income of the veteran or civilian or their spouse or common-law partner, in the veteran’s or civilian’s income factor or in the class of recipient to which the veteran or civilian belongs, provided that the veteran or civilian otherwise continues to meet the requirements set out in the provision under which that benefit, service, care, premium or fee is received.

(2) Subject to subsection (3) but despite any other provision of these Regulations, a veteran or a civilian not referred to in subsection (1) who, at the time this section comes into force, is in receipt of any benefit, service, care, premium or fee referred to in that subsection is eligible to continue to receive that benefit, service, care, premium or fee for life, regardless of any change in the income of the veteran or civilian or their spouse or common-law partner, in the veteran’s or civilian’s income factor or in the class of recipient to which the veteran or civilian belongs, provided that the veteran or civilian otherwise continues to meet the requirements set out in the provision under which that benefit, service, care, premium or fee is received.

(3) Subsection (2) does not apply if the veteran or civilian

• (a) is in receipt of the benefit, service, care, premium or fee solely in respect of a pensioned condition;

• (b) is in receipt of the benefit, service, care, premium or fee solely as a result of being eligible to receive, in respect of a pensioned condition, another benefit, service, care, premium or fee under these Regulations;

• (c) is in receipt of the benefit, service, care, premium or fee as a result of a determination of insufficient income in accordance with paragraph 18(2)(c) or subsection 22.1(2); or

• (d) is in receipt of adult residential care, intermediate care or chronic care in a departmental facility or contract bed under paragraph 21(1)(a), (c) or (d).

(4) A veteran or civilian who, under subsection (1) or (2), receives any benefit, service, care, premium or fee set out in a provision referred to in subsection (1) is deemed, for the purposes of any other provision in these Regulations, to receive it under the provision referred to in subsection (1).

(5) For the purposes of subsections (1) and (2), “income factor” and “class of recipient”, in relation to a veteran or civilian, means the income factor and class of recipient set out in the schedule to the War Veterans Allowance Act that are applicable to that person, or that would be applicable to that person if the person were a recipient under that Act.