Law:Children of Deceased Veterans Education Assistance Act

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R.s.c., 1985, c. C-28

An Act to provide assistance for the higher education of children of certain deceased members of the armed forces and of other persons


Contents

Short Title

Short title

1. This Act may be cited as the Children of Deceased Veterans Education Assistance Act.

R.S., 1985, c. C-28, s. 1; 1990, c. 43, s. 43.


Interpretation

Definitions

2. In this Act,

“educational institution”

« établissement d’enseignement »

“educational institution” means a technical or vocational school, a university, college or other school of higher education in Canada, approved by the Minister for the education or instruction of students pursuant to this Act;

“Minister”

« ministre »

“Minister” means the Minister of Veterans Affairs;

“student”

« étudiant »

“student” means

(a) a child on whose behalf a pension is being paid under or by virtue of any of the enactments set out in the schedule at a rate set out for a child in Schedule II to the Pension Act,

(b) a child on whose behalf payment of a pension was being made under or by virtue of any of the enactments set out in the schedule but was, either before, on or after July 1, 1953, discontinued pursuant to the enactment under or by virtue of which the payment was being made,

(c) a child on whose behalf no pension has been paid under or by virtue of any of the enactments set out in the schedule and who is, except for age, eligible for a pension under or by virtue of any of the enactments set out in the schedule at a rate provided for a child in Schedule II to the Pension Act,

(d) a child who, but for the operation of section 25 or 26 of the Pension Act, would be included in paragraph (a) of this definition,

(e) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the member or veteran dies

(i) of an injury or a disease that was attributable to or was incurred during special duty service or arose out of or was directly connected with service in the Canadian Forces, within the meaning of that Act, or

(ii) of an injury or a disease that was aggravated, if the aggravation was attribut­able to or was incurred during special duty service or arose out of or was directly connected to service in the Canadian Forces, within the meaning of that Act, or

(f) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if

(i) the member or veteran is deceased,

(ii) a disability award has been granted under that Act in respect of the member or veteran, and

(iii) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments under that Act and, if appli­cable, the panPension Act, is equal to or greater than the lowest extent of disability set out in column 2 of Schedule 3 to the Canadian Forces Members and Veterans Re-establishment and Compensation Act in respect of class 11.

R.S., 1985, c. C-28, s. 2; R.S., 1985, c. 12 (2nd Supp.), s. 1; 1990, c. 43, s. 44; 2003, c. 27, s. 1; 2005, c. 21, s. 99.

Previous Version

Education Assistance

Allowances and costs of instruction

3. The Minister may, in accordance with this Act and the regulations,

(a) make allowances to or in respect of students to enable them to continue their education or instruction within an educational institution; and

(b) pay in whole or in part the cost of such education or instruction.

R.S., 1985, c. C-28, s. 3; R.S., 1985, c. 12 (2nd Supp.), s. 2.

3.1 (Repealed, 2003, c. 27, s. 2)

Previous VersionAmount of allowance

4. (1) The amount of the monthly allowance that may be paid to or in respect of a student during the period in which the student pursues a full-time course of study in an educational institution is the aggregate of

(a) $300.00, and

(b) if no pension is being paid on behalf of the student under or by virtue of any of the enactments set out in the schedule, an additional amount equal to the monthly rate of pension for one orphan child provided in Schedule II to the Pension Act.

Total period covered

(2) The total period for which an allowance and costs may be paid to or in respect of a student under this Act shall not exceed four academic years or thirty-six months, whichever is the lesser.

Costs

(3) The costs of education or instruction that may be paid in respect of a student under this Act shall include such tuition and other fees and costs as may be prescribed by regulation.

Minister may extend

(4) The Minister may extend the total period for which an allowance and costs may be paid to or in respect of a student under this Act where the Minister is of the opinion that the student’s progress and achievements in his course of study are such that it would be in the interest both of the student and of the public that the payments under section 3 be continued during a further period.

R.S., 1985, c. C-28, s. 4; 1990, c. 43, s. 45; 2003, c. 27, s. 3.

Previous VersionAge limit

5. No allowance or costs shall be paid under this Act in respect of a student who

(a) has attained the age of twenty-five years, or

(b) where, pursuant to subsection 4(4), the Minister has extended the total period for which an allowance and costs may be paid beyond the year in which the student attains the age of twenty-five years, has attained the age of thirty years,

except in so far as may be necessary to enable the student to complete the academic year in which he attains that age.

(2) and (3) (Repealed, 1990, c. 43, s. 46)

R.S., 1985, c. C-28, s. 5; 1990, c. 43, s. 46.

6. (Repealed, 1990, c. 43, s. 47)

Failure to be promoted

7. No allowance or costs shall be paid to or in respect of a student for any education or instruction obtained after the student fails to meet the requirements of an educational institution for promotion to the next succeeding level of the full-time course of study that the student is pursuing at that educational institution, unless

(a) the student failed to meet the requirements for promotion, in the opinion of the Minister, for reasons beyond the student’s control, or

(b) the student is subsequently, in the opinion of the Minister, promoted to the next succeeding level of that full-time course of study or of another full-time course of study having equivalent levels at that or another educational institution.

R.S., 1985, c. C-28, s. 7; 1990, c. 43, s. 48.

Costs to educational institution

8. The Minister may, in accordance with the regulations, pay to the educational institution in which any student receiving assistance under this Act is taking his course of education or instruction any of the costs of the course that are payable to the educational institution.

R.S., c. C-18, s. 8.


Annual Adjustment Of Allowances

Annual adjustment

9. (1) Where any allowance has become payable under this Act, the basic monthly amount of that allowance shall be adjusted annually, in such manner as may be prescribed by the Governor in Council, so that the amount payable for a month in any following year is an amount equal to the product obtained by multiplying

(a) the amount that would have been payable for that month if no adjustment had been made under this section with respect to that following year,

by

(b) the ratio that the Consumer Price Index for the twelve month period ending on the thirty-first day of October immediately before that following year bears to the Consumer Price Index for the twelve month period immediately before that twelve month period.

Meaning of certain references

(2) In this section and section 11,

(a) a reference to the Consumer Price Index for any twelve month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that twelve month period; and

(b) a reference to the basic monthly amount of any allowance shall be construed as a reference to the amount of that allowance, expressed in terms of a monthly amount and calculated without regard to the provisions of this section.

R.S., 1985, c. C-28, s. 9; 1990, c. 43, s. 49.

Limitation

10. Notwithstanding anything in section 9, the amount of any allowance that may be paid to a person for a month in any calendar year shall not, by reason only of that section, be less than the amount of the allowance that was or may be paid to that person for any month in the immediately preceding calendar year.

1972, c. 12, s. 7.

Where basis of Consumer Price Index changed

11. Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve month period that is used for the purpose of calculating the amount of any allowance that may be paid.

1972, c. 12, s. 7.


Regulations

Regulations

12. The Governor in Council may make regulations

(a) prescribing the manner of payment of the allowances and costs under this Act to or in respect of students and the manner of computing the amount of allowances and costs payable in respect of any period;

(a.1) prescribing the maximum amount of costs under this Act payable in respect of a student, and providing for the annual adjustment of that amount as a function of the Consumer Price Index;

(b) prescribing the conditions in addition to those specified in this Act under which the payment of allowances or costs may be terminated; and

(c) generally, for carrying out the purposes and provisions of this Act.

R.S., 1985, c. C-28, s. 12; 2003, c. 27, s. 4.

Previous VersionSchedule

(Sections 2 and 4)

1. Paragraphs 21(1)(b) and (e), subsections 21(2) and 34(6) and sections 64, 65 and 66 of the Pension Act.

2.�Civilian War-related Benefits Act.

3.�Special Operators War Service Benefits Act.

4.�Supervisors War Service Benefits Act.

5.�Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act.

6. Section 34 of the Veterans Review and Appeal Board Act.

R.S., 1985, c. C-28, Sch.; 1992, c. 24, s. 14; 1999, c. 10, s. 43; 2003, c. 27, ss. 5, 6.

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