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| SHORT
TITLE
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| 1.
Short title - This Act may be cited as the War Veterans Allowance Act.
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| R.S., c. W-5, s. 1.
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| INTERPRETATION
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| 2.
(1) Definitions - In this Act, |
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"allowance" means an allowance payable under this Act;
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"Department" means the Department of Veterans Affairs;
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"recipient" means any person to whom or on whose behalf payment of an allowance is authorized by this Act;
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(3) [Repealed, 2000, c. 12, s. 317]
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| R.S., 1985, c. W-3, s. 2; R.S., 1985, c. 7 (1st Supp.), s. 1, c. 12 (2nd Supp.), s. 9, c. 20 (3rd Supp.), s. 30; 1990, c. 43, s. 32; 1992, c. 24, s. 9; 1995, c. 17, s. 68, c. 18, s. 102; 1998, c. 21, ss. 121, 124; 1999, c. 10, s. 1; 2000, c. 12, s. 317, c. 34, ss. 69, 90(E), 94(F).
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| LIMITATIONS
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| 12.
(1) Allowance only to dependent child
- Except where an allowance is payable to a person other than by virtue of that person being a child, no allowance shall be paid to or in respect of a child unless the child is a dependent child. |
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(2) Discontinuance of child allowance - Payment of an allowance to or in respect of a dependent child shall be suspended where the child is being wholly maintained at the expense of a provincial or municipal institution or by any branch or agency of the Government of Canada, other than the Department. |
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(3) Commencement or discontinuance of allowance for dependent child
- An allowance to or in respect of a dependent child who in any month becomes or ceases to be eligible for an allowance shall be paid as if the dependent child was eligible for the allowance for the whole month and not just a part thereof.
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| R.S., c. W-5, s. 12; 1974-75-76, c. 8, s. 8; 1980-81-82-83, c. 19, s. 32; 1984, c. 19, s. 7.
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| SUSPENSION OF ALLOWANCE
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| 14.
(1) Absence from Canada - Where a recipient of an allowance under section 4 absents themself from Canada, payment of the allowance shall, subject to subsection (4) of that section, be suspended immediately following the payment for the month in which the recipient so absents themself, but may be resumed when the recipient returns to Canada. |
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(2) On imprisonment of recipient
- Where, on or after July 17, 1980, a recipient of an allowance is convicted of an offence and sentenced to a term of imprisonment, the payment of the allowance shall be suspended from the first day of the seventh month of that imprisonment until the release from imprisonment except that the payment thereof may be continued where the Minister is of the opinion that,
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| (a) |
where a spouse, common-law partner or child of the recipient is entitled to be supported by the recipient at the time of the recipient's conviction, the spouse, common-law partner or child continues to be entitled to that support; or
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| (b) |
the continuation of the payment of the allowance would assist the recipient in his or her rehabilitation. |
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(3) On imprisonment of applicant - Where an applicant for an allowance who is serving a term of imprisonment is eligible for an allowance, an allowance may be awarded to the applicant and may be paid during that imprisonment where the Minister is of the opinion that |
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a spouse, common-law partner or child of the applicant is entitled to be supported by the applicant at the time of the applicant's conviction and the spouse, common-law partner or child continues to be entitled to that support; or
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the payment of the allowance would assist the applicant in his or her rehabilitation.
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| R.S., 1985, c. W-3, s. 14; 2000, c. 12, s. 328, c. 34, s. 90(E).
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