Record of Discussion – 22 June 2018

Friday, June 22, 2018
9:30-11:30 EST

Policy Advisory Group Members

  • Major (Retired) Mark Campbell
  • Brian Forbes, National Council of Veteran Associations in Canada (Co-chair)
  • Master Warrant Officer (Retired) William MacDonald
  • Brigadier General (Retired) Joe Sharpe
  • Commodore (Retired) Andrea Siew (Co-chair)
  • Brad White, Royal Canadian Legion

Regrets

  • Michel Bessette, Veterans UN-NATO Canada
  • Luc O’Bomsawin, Aboriginal Veterans Autochtones

Office of the Minister of Veterans Affairs

  • Laurel Chester, Stakeholder Relations

Veterans Affairs Canada (VAC) Officials

  • Bernard Butler, Assistant Deputy Minister, Strategic Policy and Commemoration (Co-chair)
  • Paul Thomson, Director General, Service Delivery Modernization
  • Shawn MacDougall, A/Director General, Policy and Research
  • Sarah Brown, Director, Cabinet Business Unit
  • Katherine Morrow, Director, Cabinet Business Unit
  • Fiona Jones, Manager, Program Policy
  • Tracy Cudmore, Acting Manager, Strategic Policy
  • Michelle Morrison, Senior Analyst, Stakeholder Engagement and Outreach

Observer

  • Sharon Squire, Deputy Ombudsman, Executive Director, Office of the Veterans Ombudsman

Opening Remarks

The Veterans Affairs Canada co-chair introduced the agenda, noting that the focus of the teleconference was Pension for Life (PFL) including the approach to implementation and the notice of intent to amend the Veterans Well-being Regulations posted in the Canada Gazette.

The member co-chairs’ requested time on the agenda to discuss access to the Caregiver Recognition Benefit (CRB) and the email sent to the Minister from the Mental Health Advisory Group member co-chair; and the need to improve and augment the PFL plan in order that more Veterans will be eligible for the new benefits.

Notice of Intent to amend the Veterans Well-being Regulations

The Director, Cabinet Business Unit, spoke to the Notice of Intent to amend the Veterans Well-being Regulations that was published in the Canada Gazette. She noted that the amendments to the Veterans Well-being Act received Royal Assent on June 21, 2018, and outline the benefits and who is eligible. The Department is currently working through the corresponding changes to the Veterans Well-being Regulations.

Results from the Notice of Intent consultation will be included in the Regulatory Impact Analysis Statement (RIAS), which is published with the final amended regulations in Part II of the Canada Gazette.

Questions/Comments

Questions were raised about eligibility for benefits and the opportunity to improve access to the benefits. It was explained that most eligibility is defined in the Veterans Well Being Act and is not part of the regulations.

There were questions around the new benefits and linkages with the Career Impact Allowance (CIA). It was explained that while eligibility for the new Additional Pain and Suffering Compensation (APSC) benefit is similar to CIA, Veterans no longer need to be in the Rehabilitation Program to receive this benefit. The APSC benefit is non-economic and tax-free and tailored to those most disabled as directed by the Standing Committee on Veterans Affairs (ACVA). The VAC co-chair acknowledged that the eligibility has not gone as far as the member co-chairs and members have been advocating.

The VAC co-chair offered to drill down on the regulations at a future meeting.

Pension for Life: Approach to Implementation

The Director General for Service Delivery and Modernization provided the group with an overview of the implementation approach for the new Pension for Life benefits, which will go live on April 1, 2019. A PowerPoint presentation guided the discussion (link to presentation which will be posted with ROD). The key elements of the presentation included:

  • A brief review of the three new benefits (for more information please visit the following links)
  • The implementation work is happening in multi-disciplinary groups co-working the problems and solutions together, rather than an assembly line approach. The teams, or ‘scrums’ are empowered to make decisions, and the result is that final products are a joint responsibility of various areas of the department, and will avoid unforeseen complications during the implementation approach.
  • A major focus on incorporating the user-testing early in the implementation process, to ensure this input can influence the design at an early stage of development. The group members were invited to be test-users during the process.

Questions/Comments

There were questions and discussions throughout the presentation, highlights of which are provided below:

  • Members expressed the importance of communicating early in order that people know what to expect. VAC noted that user-friendly communications materials are being developed and are evolving based on feedback from social media and other communication channels. The need for more scenarios was acknowledged, particularly for those already in receipt of a Disability Award who will be eligible to receive additional monthly compensation through Pension for Life.
  • On April 1, 2019 an estimated 74,300 Veterans previously in receipt of the lump sum Disability Award will transition to the additional monthly amount; approximately 60% of these Veterans are expected to receive an additional monthly amount. Questions were raised about the 40% of Veterans that would not receive an additional monthly amount. The Acting Director General, Policy and Research referred to the actuarial and mathematical calculations that are used in arriving at the additional monthly amount. It was agreed that examples/scenarios would be shared with the members.
  • Members proposed that an expansion of the eligibility criteria contained in the PFL regulations and/or policy guidelines would enhance the number of disabled veterans who could potentially qualify for this new benefit.
  • Advisory group members referred to their recommendations presented during the October 2016 Stakeholder Summit which proposed that the best parts of the New Veterans Charter and the Pension Act be brought together to create a new lifetime pension, and noted that this is not reflected in the new Pension for Life.
  • Questions were raised about the CIA and the accumulated increases for inflation that will now disappear. It was explained that the structure and nature of the benefit is changing. CIA was an economic benefit and taxable. Veterans eligible for the CIA on March 31, 2019, will be automatically moved over to the new APSC —they will move over at the same Grade Level (1, 2 or 3) and will be paid the corresponding, non-taxable APSC monthly amount (not the CIA monthly taxable amount). While at face value, the dollar values for Grades 1, 2 and 3 are lower, the expected outcome is that Veterans in general will take home a comparable amount, taking into consideration the individual variability of taxation.
  • A question was asked about the CIA Supplement being protected and whether or not the Veteran would be entitled to the 1% career progression factor with the IRB. It was explained that the system will compare what the Veteran is entitled to on March 31, 2019 for Earnings Loss or Retirement Income Security Benefit and Career Impact Allowance Supplement if applicable with what they will receive under the new IRB. Since the March 31, 2019 benefit amounts are “protected”, the Veteran will receive the higher amount.

Caregiver Recognition Benefit (CRB)

The member co-chair of the Mental Health Advisory Group sent a letter to the Minister with concerns about access to the CRB for those with mental health issues. The letter outlined that the application questions focus on physical ability, whereas the most basic understanding of mental health issues would show that we understand that the person may be physically able to perform an activity, but due to mental limitations, he or she cannot. The concern is that the benefit, as structured, will not be granted to those who care for mentally injured Veterans. Additional questions that could be added to the application were proposed.

In response, it was acknowledged that this was a concern that existed when the Family Caregiver Relief Benefit (FCRB) was created to recognize the vital contribution of informal caregivers to the health and well-being of Veterans with a severe and permanent service-related injury. As with the FCRB, the CRB is meant to continue to recognize that contribution and is not intended to compensate for a loss of income.

The transition from FCRB to the new CRB did not change the purpose of the benefit, although it did change the way the benefit is paid and the amount that is paid. It was noted that the additional considerations regarding eligibility are primarily related to loss of income rather than the degree of supervision or care needed. While a Veteran with a physical health condition may be more likely to qualify for the benefit based on the criteria of needing daily physical assistance with and/or direction and supervision during the performance of most activities of daily living, a mental health condition may be eligible in circumstances where the Veteran requires daily supervision and is not considered safe when left alone.

The PAG members agreed to write a letter of support for the concerns raised by the Mental Health Advisory Group.

Roundtable

It was noted that the lack of standards for all service dog continues to be an issue. In April 2018, given the challenges in developing a National Standard of Canada for Service Dogs, Veterans Affairs Canada and the Canadian General Standards Board suspended the pursuit of a national standard. One of the member co-chairs noted the need for a policy for all service dogs is required.

There was a discussion on whether VAC would automatically review disability entitlements as it transitions Veterans to the PFL benefits. The background is that in February 2018, there was a change in VAC policy under which decision makers at VAC will exercise authority to award disability benefit entitlement in either 4/5 or 5/5. Prior to this policy change, disability entitlement could be awarded for 1/5, 2/5, 3/5, 4/5 or 5/5. Veterans can exercise their review rights, including their rights to reviews at the Veterans Review and Appeal Board, to seek an increase in their fifths of entitlement. Members asked if VAC is going to transition Veterans who were awarded entitlement at less than 4/5 (i.e. 1/5, 2/5 or 3/5) to at least 4/5 of entitlement automatically.

VAC’s response that it will not do this, led to members noting that this adds a layer of complexity to the transition to PFL and the new Pain and Suffering Compensation. They asked if VAC could build an automatic review into the PFL transition rather than making this group of Veterans initiate some form of review to obtain the increase in fifths of entitlement. The Department indicated that there would be a strong communications strategy around this issue.

Closing Remarks from Co-Chairs

The VAC co-chair indicated that the Minister and his office are looking at how advisory groups will continue and engagement with stakeholders in general.

It was agreed that the Department would discuss with the Minister’s Office holding a meeting in the near future. The agenda could include:

  • The new Veterans Well-being Regulations.
  • Examples/scenarios of the actuarial/mathematical formulas used to calculate the additional monthly amount to be paid to Veterans who received a disability award.

The group was thanked and the meeting was adjourned.

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