Family Caregiver and disability pensions

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Family Caregiver and disability pensions

Post by Iceman on Wed 31 May 2017, 16:38

I was looking through the laws, and found a difference between what VAC says for Family Caregiver eligibility in regards to pension recipients.

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according to VAC on http://www.veterans.gc.ca/eng/services/health/family-caregiver-relief-benefit

* This program is only available to recipients of a disability award. If you have a disability pension or POW compensation of 1% or more, you can apply for Attendance allowance. Similar to the FCRB, the Attendance allowance is a significant benefit available when you need help with daily living tasks and are considered totally disabled.


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in the new veteran charter on http://laws-lois.justice.gc.ca/eng/acts/c-16.8/page-10.html

part 3.1 Family Caregiver Relief Benefit

Eligibility

65.1 (1) The Minister may, on application, pay a family caregiver relief benefit to a veteran if

(a) they have had an application for a disability award approved under section 45;

(b) as a result of the disability for which the application for a disability award was approved, they require ongoing care;

(c) a person who is 18 years of age or older plays an essential role in the provision or coordination of the ongoing care in the veteranís home for which the person receives no remuneration; and

(d) the veteran meets the prescribed eligibility requirements.

Criteria to be considered

(2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

Factors to be considered

(3) In deciding whether the person referred to in paragraph (1)(c) plays an essential role in the provision or coordination of the ongoing care in the veteranís home, the Minister shall consider only prescribed factors.

Ineligibility

(4) A veteran who is eligible for an attendance allowance under subsection 38(1) of the Pension Act is not eligible for a family caregiver relief benefit.

*** NOTE 65.1 (4) specifically states a veteran who is eligible for an attendance allowance

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Now, in the pension Act on http://laws-lois.justice.gc.ca/eng/acts/P-6/page-6.html#h-9

Attendance allowance

38 (1) A member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an attendance allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.

SO.....
you are only eligible for the attendance allowance if you have a pension AND are totally disabled AND are in need of attendance

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according to the LAW, if you are not eligible to receive the attendance allowance, you should still be able to receive the Family Caregiver allowance

anyone PA/DA dual recipients feel up to challenging that?


Last edited by Iceman on Wed 31 May 2017, 16:40; edited 1 time in total (Reason for editing : spelling)

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Re: Family Caregiver and disability pensions

Post by johnny211 on Wed 31 May 2017, 19:20

Hi iceman, went thru all that as I am both. Got turned down for both also, I'm DEC, thinking of appealing again for FGRB. Johnny Out, VVV.
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Re: Family Caregiver and disability pensions

Post by Iceman on Wed 31 May 2017, 20:42

Based on the letter of the law, as I read it, if you are not eligible for aa, you are not ineligible for Fcrb.

Definitely worth fighting for, it is 7200/year right now. April 1, 2018 it is 1000/month.

All we really need is 1 person to fight for it and win.

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Re: Family Caregiver and disability pensions

Post by johnny211 on Fri 02 Jun 2017, 19:24

I am curious- Has anyone on here who is Dec and under both the PA and received an award, or under both systems, put in for and received the Family Caregiver benefit? Johnny, VVV...
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Re: Family Caregiver and disability pensions

Post by Rifleman on Sun 04 Jun 2017, 08:49

Yes I did put in for care giver allowance however they vac said to apply for attendance allowance instead so I did and received it all the better cheers

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Re: Family Caregiver and disability pensions

Post by Iceman on Sun 04 Jun 2017, 09:50

My big concern is caregiver/attendance allowance for psychological support.
I am 5% pa for a physical issue
I have an 8% da for another physical issue
I was recently reassessed 35% for my ptsd

According to all I read, psychological does not qualify for aa but Fcrb does

I do not require aa in regards to my physical but rather my Psychological



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Re: Family Caregiver and disability pensions

Post by johnny211 on Sun 04 Jun 2017, 13:57

Iceman - in the same boat here as you. I should reapply for the AA. I think they send a nurse out to the house.
Rifleman - Did you apply online, and how did the process go? Did it take forever?
Tks VVV...
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Re: Family Caregiver and disability pensions

Post by czerv on Sun 04 Jun 2017, 17:05

For aa they send a nurse. As usual, have everything ready (copies of your MRIs, CT, physio, x-rays, etc, etc. Takes about hour and a half/two hours. Will look at your bed, mobility (use cane, walker if you have one, do not take any pain killer pills for the mtg). Read VAC doc re: what levels they have and what gets you to that level. Do not be shy with telling/showing what qualifies you for that level.
Good luck.

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Re: Family Caregiver and disability pensions

Post by Iceman on Mon 12 Jun 2017, 11:13

My main concern about only being eligible for AA instead of FCRB, as i read it, AA only looks at the physical requirements.
FCRB takes into consideration the psychological impact.

my caregiver requirements are for psychological. physically, i can still mange

I was talking with an VAC phone agent a while ago, and brought that up. The agent, put me on hold and discussed it with the on duty CM, and they agreed there is a discrepancy, and that the CM didn't agree with the discrepancy either.

The CM told the agent to get me to fill in a FCRB application anyways, and they sent it to me. i filled it in (and did check off the check box for AA). now it is a wait and see.

I am NOT holding my breath

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