ELB still being clawed back.

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ELB still being clawed back.

Post by bigrex on Wed 06 Jun 2012, 12:19

Just so everyone knows, VAC has not received any orders to recalculate the ELB, and they don't know when that direction will come. This could be another smoke and mirror trick of the government to appease the public, fooling them into believing they support us veterans. After all, all it should take to implement the change is a letter or call from the minister, there are no legislative changes required.
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Re: ELB still being clawed back.

Post by teentitan on Wed 06 Jun 2012, 12:46

Bigrex the ELB, War Veterans Allowance and Canadian Forces Income Supplement have to be voted on the floor of the House of Commons (HOC) because it is a change to the NVC Bill. And as we all know any change to a bill has to be re-written and raised on the floor.

That said people should email their MP and Minister Blaney to keep reminding him to raise the motion on the floor of the HOC. Oh and ask him about retroactivity too.
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Re: ELB still being clawed back.

Post by bigrex on Wed 06 Jun 2012, 12:58

Actually titan, it shouldn't have to be voted upon, it is a regulatory change not a legislative one. the last changes had to be voted on because they changed the scope of the charter, and added new benefits, This is just changing how the elb is calculated, which is an internal process.

I could be wrong, but i don't think so. If it had to be voted on, Blaney would have said during the announcement that they were introducing legislation to eliminate the clawback, which would mean going thru the parliamentary process, but he didn't, he said they were doing it.
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Re: ELB still being clawed back.

Post by bigrex on Wed 06 Jun 2012, 13:18

I was right. According to the act, it doesn't actually list the PA pension. it only uses the term prescribed sources, therefor the Charter doesn't need to be changed, and therefor no vote is required.

Here is the link, and the deductions are referred to in section 19.

Link
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Re: ELB still being clawed back.

Post by teentitan on Wed 06 Jun 2012, 13:32

Looks like solid proof to me Bigrex but I will still check with my sources to get the final answer for you.
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Re: ELB still being clawed back.

Post by teentitan on Wed 06 Jun 2012, 14:50

A little history first...the "legislation" called NVC recieved assent in May of 2005 and passed. That meant that the "regulations" for the "legislation" could then be written. The regulations for the NVC were written then passed on the floor in April of 2006.

The regulations of the NVC is the "rules" of the NVC. That said for the ELB, WVA, CFIS regulations to change a Memorandum to Cabinet has to be written and given to Cabinet.

At this point the change to the regulation is either accepted or declined by the Cabinet. We all know the change to the regulations are going to happen, Blaney said so, and most likely with the PM's approval.

Now it is up to the Treasury Board to find the funds for the changes to these regulations.

So basically the wheels of democracy are in motion and we all know there is only one speed these wheels turn at...their own damn pace. But remember there will be retroactivity while the wheels are turning.

This is basically what was explained to me. If a member of TB or VAC is reading this please feel free to contact me (via PM) with a better explanation that can be shared with the veterans that these regulations apply to.

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