Budget 2016 & BILL C-12

Thanks lost trucker

Cosmo

What a rats nest. They have to change every paragraph in three pieces of legislation where it refers to PIA or TPI. Nav, that includes the part that talks about medical examinations. It was in the NVC already. And I believe that as it stands, those getting EIA will still be ineligible for PIA.

The part that I'm confused with is this

Earnings Loss Benefit

Period before October 1, 2016

19 (1) For greater certainty, the amount of an earnings loss benefit that is payable in respect of a period before October 1, 2016 is to be determined in accordance with subsection 19(1) or 23(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the regulations made under subsection 19(2) or 23(4) of that Act, as those provisions of that Act and those regulations read during the period in respect of which the benefit is payable, regardless of the date on which the benefit is paid.

Period after September 30, 2016

(2) The amount of an earnings loss benefit that is payable in respect of a period after September 30, 2016 is to be determined as if subsections 19(1) and 23(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the regulations made under subsections 19(2) and 23(4) of that Act — as those provisions of that Act and those regulations read during the period in respect of which the benefit is payable — had been in force since April 1, 2006, regardless of whether or not the veteran or the member’s or veteran’s survivor or orphan was in receipt of an earnings loss benefit before October 1, 2016.


I have tried to wrap my head around what is being said, but it baffles me. Like the first paragraph sounds like they are saying that ELB payments made for dates up Nov 30 2016, are to use the calculations that had been in effect at the time (ie 75%) but the second para states that for payments after Oct 2016, they are supposed treat it as if the new 90% calculations had been in force since 2006, whether or not the veteran was getting ELB before Oct 2016.just seems like an overcomplicated way of saying that ELb will only be calculated at 90% for payments after Oct 01 2016.

Confusing


Cosmo

spaghetti comes to mind Bigrex ,but I think I came to the same conclusion, all it means ELB at 90% comes into effect OCT 2016 . jmo

Ref Navrat 19.12 there Doctors , well under PIA sec 43 of cancellation it states the same thing so no change there bud. It just a way to ensure there legal rights if required. Now like it posted some where I was in hospital at the two year mark, and required A updated medical from dva,for PIA/SUP done by Hospital and own doctor, so I would not get to worried about that part.

ya bigrex I keep going over it but it seems all they are doing with this dribble is making this clear and specific as to the date and everyone will be treated this way forward of the date . no grandfathering .

that's all im getting out of it .

see whats happens when these guys want to be clear and specific . to us just the opposite happens .

I mean wholly frack.

propat

I also think they threw in a little more specifics as to when your calculations are determined for sum zero guys that may end up actually getting something by redundantly stating its when your benefit becomes payable NOT when you start getting payed even though that is already clear enough in the regulations .

a lot of unnecessary wording as far as im concerned as the DOJ usually doesn't like that in legislation.

propat

Like we need more spaghetti? I've got my own brain salad day to day.

Thank you for posting that parl. reminder Cosmo.

Bigrex,
Huh? Period before October 1st, 2016 ....Period after September 30th, 2016...Confucius say, "WHAT?" Have we entered the Twilight Zone and nobody told me...This makes no sense. Maybe the lawyers/law makers on parliament hill are smoking something...This makes as much sense as nipples on men.

It is confusing. To me, the only reason to specify that the new calculations are to be treated as if it had been in effect back to 2006, would be provide retroactive payments. But the first para puts a kibosh to that possibility, imo.

I 'think' the para's are referring to applications waiting to be decided upon. For example. Pte. Bloggins submits his application on 1 May 2016. It is approved 1 December 2016. His ELB when backdated will be 75% from 1 May to 30 Sept then it will be 90% 1 October to 1 December.

May be wrong but learning to read beuracratize is harder then learning to read Mandarin.

I understand that Teen. but why not just say that only payments of ELB, for dates after the coming into force date, (Oct 01, 2016), will be calculated at 90%. There is no need for them to tell VAC to pretend the 90% calculation existed since 2006, if it doesn't affect payments since 2006.

Explain to me the purpose of them re-wording the Tpi? To me it opens doors for them to get the tpi veterans off extended earnings loss. I don't think they're very smart if they go after the most severely injured veterans. Do all governments want to be sued?

My question about lump sum is this, now that they've brought out legislation. Was the original amount and always $250,000 for 100% disabled? I haven't paid attention to all of that. But I always thought that the base was $250,000 and then for that year would be the additional cola added in? Because is $360,000 the indexed amount? And say someone has gotten $280,000 total over the years even though base amount is $250,000. I'm really confused on this lumps sum spaghetti. Is the base $360,000 have the cola factored and are they doing the cola based on $360,000 backdated? See because sy someone got $50,000 in say 2008 how do they figure this out? Is it the 15% each claim then cola? What a fricken mess

It's even hard to explain a question about it

Yup. Like trying to make heads or tails of it all.

My best has been to just walk away and re-approach the next day.

Patience, or is it revenge. Both are sweet because karma is a two way street.