Pension to Parents, Persons in Place of Parent, Brothers or Sisters

This policy replaces the following PPM policies: Article 52 - Pension to parent; Article 53(1)(2) - Pension Payable to a Brother or Sister.

Purpose

The purpose of this policy is to provide guidance on the payment of disability pensions to parents, persons in place of parents, brothers or sisters.

Policy

Determination of Dependent Condition

1. The guidelines for determining a dependent condition, within the meaning of the Pension Act, are described in the Dependent Condition policy.

General Considerations

2. A member of the Canadian Armed Forces (CAF) shall be considered to have been supporting his or her parents, persons in place of a parent, a brother or sister, wholly or to a substantial extent, if:
   1. in the case of a member of the Active Force, he/she had a pay assignment of $15.00 per month during his or her service; or
   2. in the case of a Peacetime member of the CAF, $150.00 per month, to maintain any of the aforementioned persons.
3. The payment by the member of the CAF for the cost of, or the provision of, one of those items which make up the necessities of life, for example, shelter, food, clothing, medical services (including medical insurance and prescriptions), will be considered as the provision of maintenance.
4. It will be considered that the member of the CAF would have wholly or to a substantial extent maintained such parent or person in place of parent, brother or sister had he/she not died, if he/she made contributions to the support of the aforementioned at some time during his/her lifetime or that the evidence pertinent to the family relationship indicates that it would be reasonable to conclude that the member of the CAF would have contributed to the support of the parent or person in place of a parent as applicable, if he/she had not died.

Awards Under Section 52 in Special Circumstances

5. The following applies in respect of the following cases:
   1. the dependent father has remarried/entered into a common-law relationship and his spouse/common-law partner did not act in place of the parent to the deceased Veteran; and
   2. the mother is separated from her spouse/common-law partner, whether he is the father of or acted in "loco parentis" to the deceased Veteran or not.
      1. Where one of the parties is not pensionable, the income and assets of that individual shall be ignored.
      2. Only the expenses of the pensionable party shall be taken into consideration in determining the rate payable. Where both parties live in the same household, expenses such as rent, light, heat, telephone, etc. shall be charged against the pensionable party as if that party lived alone.
      3. Expenses such as food, personal care and clothing, etc. shall be pro-rated on a 60/40 basis with the 60% being charged as an expense against the pensionable party.
      4. Personal expenses, such as drugs and medical care shall be charged against the party requiring such care. Interviewing Counsellors shall indicate the amount of such care for each party in their reports.
      5. Where Old Age Security/Guaranteed Income Supplement is paid at the married rate, the assessment for the pensionable party shall be at the single rate.

References

Pension Act, sections 52 and 53

Dependent Condition