Thanks for telling me , vac

right you are bigrex when i have to send links from the dva website to my dva cm to prove my point there is a serious problem.
propat

Technically you can be on both. You just can't receive money from both. I really do think that these VAC employees had better start reading their own regulations before telling Veterans what they are or are not entitled to.

Just dealing with all the different stories is enough to drive you crazy, thanks Propat

good luck navrat a lot of those peeps dont have a clue.
propat

Talked to Vac hotline and waiting for a call from cm, but person on the phone said you can't be on both, it's either sisip or vac and sisip is first payer but he was stumped and could not explain why it said I was EELB since 2006 and was on rehab, his person opinion was maybe my old vac cm thought I would never get anything from sisip because they thought the lawsuit wasn't going to prevail . So I will wait for my cm at vac to call and here another off the wall explanation .

So if every one was to call in to DVA and SISIP and tell them to stop sharing info of any kind to any one unless they ask you first for every item so you can get the details before hand would that stop the back stabing between all the different groups, of course they will slow down there work but at least we would know who is messing around with who right?

Just a thought

You are right BigRex because like navrat I went through the whole qualifying thing with the only exception being I will receive that 2% per year till 65 then get a one time lump sum payment (I believe taxed). That was never taken away so something is up on your end navrat, and it smells fishy.

Thanks , I am on it first thing tomorrow ,

great stuff bigrex.
propat

That doesn't make any sense. The SRB is payable only when you can no longer receive ELB, which is an income replacement plan, exactly the same as SISIP, because you turn 65 or are able to hold a job. So getting reinstated on SISIP, should not disqualify you.

List of Income sources deducted from EELB, according to the regulations;

22. The following sources are prescribed for the purpose of the amount of variable B in subsection 19(1) of the Act:

(a) [Repealed, SOR/2012-195, s. 1]

(b) benefits payable under the Canadian Forces Superannuation Act, the Public Service Superannuation Act or the Employment Insurance Act;

(c) benefits payable, other than amounts payable for a dependent child, under the Canada Pension Plan or the Quebec Pension Plan;

(d) benefits payable under any employer-sponsored long-term disability insurance plan;

(e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation;

(f) amounts payable in respect of economic loss arising from legal liability to pay damages;

(g) amounts payable under an employer pension plan;

(h) employment earnings payable while the veteran is not participating in a rehabilitation plan or vocational assistance plan developed by the Minister or where the veteran is participating in such a plan and the sum of the earnings loss payable for a month plus the employment earnings for the month exceeds the veteran’s imputed income; and

(i) 50% of employment earnings payable while the veteran is participating in a rehabilitation plan or vocational assistance plan developed by the Minister so long as the sum of the earnings loss payable for a month plus the employment earnings for the month does not exceed the veteran’s imputed income.

Also it lists the only way that the Minister can cancel your entitlement;

26. (1) The Minister may cancel payment of an earnings loss benefit under section 21 of the Act

(a) if the veteran, at least 6 months after the effective date of a suspension, continues to fail to comply with subsection 25(1); or

(b) if the veteran’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

So according to the legislation
Supplementary Retirement Benefit
Marginal note:Eligibility — veterans

25. (1) The Minister may, on application, pay a supplementary retirement benefit to a veteran who has been in receipt of an earnings loss benefit in accordance with subsection 18(4) — or would, but for their level of income, have been in receipt of it — if the veteran is no longer entitled to that benefit.

So, when I read these in combination, I can see that since you did not fail to comply to medicals, or made known false statements when applying for ELB, they have no grounds to cancel it. They do have grounds to stop payments due to other sources of income, but that does not negate your entitlement. And that you are still entitled to receive SRB, because if it had not been for the other sources, you would have been in receipt of EELB benefits until 65.

IMO, you have a real strong case if they try to refuse you the SRB, so I wouldn't let them get away with trying.

Well , buddy at the legion called back, he states that SRB is provided because without any income it is assumed that you will not be able to save for retirement, in other words if you don't qualify for income replacement you get SRB, if you get income replacement no SRB, and since my retro will be payed back to 2004 and SRB started with the NVC in 2006 , Vac looks at it now as I was always on sisip ltd receiving income loss because technically they are going to be paying me back to 2004, I will call to confirm but he said others ha e had the same problem within the last month.

I have no idea but I will be on the phone tomorrow trying to find out

This smells fishy to me. It should be treated the same as before the clawback. You should be still be entitled to EELB, but simply zeroed out because of the money you receive from SISIP, who are the first payers.

"Supplementary Retirement Benefit

28. An application for a supplementary retirement benefit shall be in writing and shall include

(a) in the case of an application of a survivor,

(i) a copy of the death certificate of the veteran, and

(ii) medical reports or other records that document the veteran’s injury or disease, diagnosis and cause of death;

(b) a declaration attesting to the truth of the information provided; and

(c) at the request of the Minister, any other information or documents that are necessary to determine whether the applicant is eligible to receive the benefit or the amount payable.

SOR/2011-302, s. 6.

29. The supplementary retirement benefit shall be paid as a lump sum in an amount equal to 2% of the total amount of earnings loss benefit that would have been payable to or in respect of the member or veteran, as the case may be, if no amounts from sources prescribed under subsection 19(1) or 23(3) of the Act were considered in determining the amount of earnings loss benefit payable."

So you should still be qualified for EELB, and if for some reason SISIP stopped paying you, the EELB should start up again. And according to the policies the SRB should still be paid at 65, calculated at 2% of what you would have received from EELB, as if it didn't get reduced by other sources of income.

I was on the vac rehab and EELB since 2006 when it started, I was also on sisip ltd since 2004 release. I never received any money from either of them because of the clawback. There was a court order a couple of months ago allowing vac and sisip to share info, so they did. I got my first sisip ltd cheque 24 of oct, then I got my second sisip ltd direct deposit 20 of nov, then a day later I got a letter from sisip saying my file for continued sisip ltd payments is approved and I meet sisip ltd definition of totally disabled and I will continue to receive my monthly ltd payments for 24 months at which time I will be required to submit an attending physican form and claimant form. I was told in my vac letter regarding SRB that since I am getting paid sisip ltd from 2004 till present my SRB is no longer in effect because you can not collect it in receipt of income
Loss benefits. So now I know I no longer have prejudice payments from sisip , I am tpi, my retro will go back to 2004 start date to 1 oct 2012 , 8 years. And if vac has written me off, good, I hate those workers coming to my house like welfare agents , I would rather not see them, I have 107 vac, EIA attendance allowance, VIP and now sisip ltd till 67 plus retro , I am happy

Also a query on the vac rehab program (my only use for it is counselling, which I had before the rehab program) why would they drop you? Kinda like being written off for good.