Evidence of meeting #14 for Veterans Affairs in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was terms.
A recording is available from Parliament.
Bloc
Robert Vincent Bloc Shefford, QC
In a case where the person has an amputated arm and three missing fingers on the other hand, what percentage of the disability award do they get?
Bloc
Robert Vincent Bloc Shefford, QC
So 100%.
A quadriplegic would not receive 100%, but someone else with only an amputated arm would receive 100%. Is that right?
Director, Rehabilitation, Department of Veterans Affairs
I don't have the particular details around the case that was discussed last week, but I would be surprised to find that someone is—
Director, Rehabilitation, Department of Veterans Affairs
We have a case here, and it is 100%. So there was an error in last week's presentation; I guess that is what is being pointed out. I think in the presentation a week ago, perhaps it was listed at something less than 100%. In this particular case, which is that of Antonio, it is 100% as well.
Bloc
Robert Vincent Bloc Shefford, QC
I am trying to understand how you calculate the percentage of the disability award. For a quadriplegic, it is 100%. For someone with an amputated arm below the elbow, it is also 100%. For an amputated leg, again it is 100%. The way I see it, everyone gets 100%.
Director, Rehabilitation, Department of Veterans Affairs
In terms of how the disability is assessed, a table of disabilities is used that looks at how the disability affects one's ability to function. But in legislation there is a 100% cap on the amount that can be payable.
Someone can reach 100%, and different people can have different profiles and be at 100%. We've heard the criticism from a number of different groups that it doesn't seem fair that someone who is a bilateral amputee gets 100%, and someone who loses one arm and three digits gets 100%, and someone who loses three limbs gets 100%. I think some of the financial benefits in place are intended to recognize that. But it's certainly been a criticism we've heard and have been listening to: are there other means of financial compensation that should be given in those kinds of circumstances? In legislation, the cap is 100%.
Bloc
Robert Vincent Bloc Shefford, QC
So there are no preset criteria? That means it is left to the discretion of the employee assessing the file to determine whether the person gets 100%, 50% or 25%. Who determines the percentage? How do they make that determination without any preset criteria? You just said there are no preset criteria and that you find it a bit discriminatory that a quadriplegic and someone with an amputated arm receive the same amount.
Acting Director, Mental Health, Department of Veterans Affairs
I could maybe respond a little bit.
The table of disabilities is on a website. It's available to clients. That's the tool that's used, and it shows very comprehensive criteria around how we assess disabilities. It ranges from 0% to 100%, depending on the type of disability. It focuses on loss of function, the ability to do activities of daily living, which is different for different people. It also looks at the quality-of-life impact. There are very comprehensive criteria for that. It's the pension adjudicators who determine the level of assessment.
What I would suggest, if there is interest in understanding a little more about how the table is applied— because it is very comprehensive, very transparent, and we've worked on it quite a bit to explain it to clients, but also to make it available to the public so that they can understand how we arrive at our assessments—you might see some value in our taking you through some cases, if you like—
Bloc
Robert Vincent Bloc Shefford, QC
Thank you.
My other question has to do with the same document. On page 30, it reads: “Under the Pension Act, André would have received...”, but “would have received” does not mean that he would receive a disability pension of $2,831 per month, plus a grade 3 monthly exceptional incapacity allowance of $846. What I want to know is what kind of pension someone like André will receive as a result of the bodily injuries he sustained. How much will he get? To my mind, “would have received” does not mean it is the amount he received. I want to know how much he will receive every month, after his amputation, for the rest of his life. How much will he receive?
Director, Rehabilitation, Department of Veterans Affairs
Under the new Veterans Charter he would have received the disability award, which is the amount that's listed at the 100% rate, the $276,000. In addition to that, he will receive the earnings loss benefit, which is calculated at 75% of the income he was earning at the time of release from the military. That's the income he would continue to receive. So it is based on his rank at the time he was leaving the service.
If he goes back to work, the veteran's loss benefit would then be discontinued. He would receive significant rehabilitation. We would hopefully help him achieve independence and get him back to living independently in the community, with the knowledge that he would continue to get ongoing support.
Conservative
The Chair Conservative David Sweet
That's all the time. It is way over, Mr. Vincent; I'm sorry.
Mr. Stoffer, you have five minutes.
NDP
Peter Stoffer NDP Sackville—Eastern Shore, NS
Thank you, Mr. Chairman.
Thank you, folks, for coming today.
We'll go back to André for a second. He receives his lump sum award of $260,000, and on page 30 this document says he would also receive a disability pension of $2,800 and change. Is that correct?
Director, Rehabilitation, Department of Veterans Affairs
The comparison we were asked for is what he would receive now under the new Veterans Charter and what would he have received in the old scheme. You've been hearing a lot about the question “What would I have received if we had maintained the disability pension scheme and associated benefits?” My understanding is that your interest is in drawing those comparisons from a client perspective.
Director, Rehabilitation, Department of Veterans Affairs
That's correct.
NDP
Peter Stoffer NDP Sackville—Eastern Shore, NS
What else does he receive financially—not in terms of support, but as a monthly payment?
Director, Rehabilitation, Department of Veterans Affairs
On a monthly payment he will receive an earnings loss benefit.
Director, Rehabilitation, Department of Veterans Affairs
It will be based on his salary at the time of release. The minimum amount we would pay on would be for a senior private, who makes $46,000 a year, so he would be getting 75% of that. Again, the goal is to get him back into—
NDP
Peter Stoffer NDP Sackville—Eastern Shore, NS
Right, and he receives that until 65. It's not for life.
Director, Rehabilitation, Department of Veterans Affairs
He would receive that until 65 if he were unable to work. If he is able to work and is able to be independent, then he would not continue to receive it.
NDP
Peter Stoffer NDP Sackville—Eastern Shore, NS
If he's unable to go back to work, and he continues to receive this until 65, what happens after 65?
Director, Rehabilitation, Department of Veterans Affairs
At age 65, he may well at that time be eligible for a permanent impairment allowance under the new Veterans Charter. He would also receive supplementary retirement.