Question on Pension Acts...

Well, I know that workers compensation cannot deduct PA payments from their benefit anymore. There was a successful lawsuit over it a few years ago, at the beginning of the SISIP lawsuit. I also know that they also do not include the PA payment when calculating EI payments or student loans. In fact, when applying for benefits, you do not even have to inform them that you are receiving anything from VAC when it ask about other sources of income since it is NOT income. Now, I have never dealt with ODSP, but is it not the provincial version of CPP(D)? So if CPP(D) does not deduct PA pensions, and can be granted for the same pensioned condition, then one can only assume that the provincial rules would follow suit.

Peter told me we had a one in 20 chance of winning since the GOC could simply change the law, we only one because they did not appeal, ask Peter, ask DM

Every province does it, try going into a Nova Scotia social services office, apply for welfare and tell them you are getting a couple thousand a month in pa payments, I'd love to see their expressions

Some people are getting 5000 plus with allowances , AA! EIA, etc just saying the public would never ever go for that since Ontario Works is a relief payment. I believe the GOC would never go for it, no matter what, remember they can just change the provincial legistraiton.

I agree. We all know what is meant by what the PA says, and that the court decision only enforced that fact. But if this ombudsmen is looking into the fact that the Ontario government IS using PA payments as income when calculating social benefits, and wanted to see it written down in plain language within a piece of legislation, that it isn't income, then the exert from the Income Tax Act is perfect. It isn't open for interpretation.

Like he said

I think some might be confused about PA payments...they are tax free so therefore they do not exist.

We just won a case stating that PA payments are "gratuities" so if any other government department in any province wants to say it is are as dumb as a tree stump!

I understand Nav... It would be good if I were receiving a large monthly benefit, but at under $300/mo for a family of 4 is not much.

Being from Ontario, there is no way the Ontario government would let anyone collect Ontario Works or ODSP while receiving VAC. It would never happen and the public here would go ape shit

Owl, I found this in the Income tax act.

Amounts not included in income

81. (1) There shall not be included in computing the income of a taxpayer for a taxation year,

[...]
Marginal note:Service pension, allowance or compensation

(d) a pension payment, an allowance or compensation that is received under or is subject to the Pension Act,the Civilian War-related Benefits Act or the War Veterans Allowance Act, an amount received under the Gallantry Awards Order or compensation received under the regulations made under section 9 of the Aeronautics Act;
Marginal note:Canadian Forces members and veterans amounts

(d.1) the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or on account of a disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act;

I have approached the Ontario Ombudsmen's office, and they want to look into it, but I need an actual phrase that states that it can not be counted towards income. I sent them to the PA, and the same reading of what was posted earlier... but again, it did not actually say... "can not be counted as a source of income".

My lawyer milked it for approximately 3-5K off me not defending it

even after being shown the PA, or any prior judgement on spouses trying to include the PA amount for income,

They are smart only once they figure they receive the amount they feel they are entitled to, then magically it makes legal sense.

It was dropped between the two lawyers before it got to court, I figured the judge would've tossed it out upon receipt of a copy of the PA, just as previous ones have.

My ex tried to do the same thing through her lawyer before it made it to court claiming it was income or a taxable benefit to be included for calculation of support,

as a common law partner she was not entitled to the monthly spousal amount after we separated (as provided in a letter confirming such by VAC sent to me).

If I would've actually been married to her then she would have been entitled to continue to receive it until no longer entitled, for an example if I remarried then she would no longer be entitled..

But as a common law VAC does not recognize the allowance the same as a married spouse will be.

I used the exact same 30 (1) when my ex tried to take my VAC bursery and include it as income therefore increasing her monthly spousal thank god the judge was privy to the act and told her he could not include my award he called it as income, however if I collecting a monthly entitlement for my spouse she would be entitled to that up to the point that she was no longer considered a partner. That is why I joined the SISIP CLASS ACTION as I knew that if a judge recognized my VAC. Pension as a non taxable gratuity then maybe SISIP would have.

Sorry, if I derailed your topic, I thought you were talking about VIP, not VP (veterans pension), as that is not a very widely used term on the site. And as far as you question, the PA basically says the exact same thing as in the link provided for the NVC.

Awards not to be assigned or charged

30. (1) No award shall be assigned, charged, attached, anticipated, commuted or given as security, and the Minister may refuse to recognize any power of attorney granted by a person with reference to the payment of an award.
Marginal note:Exemption from seizure and execution

(1.1) An award is exempt from seizure and execution, either at law or in equity.