Question Period Note: OFFICE OF VETERANS OMBUD REPORT FULL AND FAIR PAYMENT OF PAIN AND SUFFERING COMPENSATION

• On March 22, 2024, the Veterans Ombud published the report, Full and Fair Payment of Pain and Suffering Compensation.

• The report is the result of a review of the Pain and Suffering Compensation launched by the Office of Veterans Ombud after it received complaints from family members of deceased single Veterans who did not qualify for the lump sum Pain and Suffering Compensation following the death of their loved one.

• VAC is reviewing the recommendations and will carefully consider next steps on how to implement changes to ensure the needs of Veterans and their families are being met.

BACKGROUND

• Pain and Suffering Compensation (PSC) is a monthly benefit payable to members and Veterans for lifethat can be cashed out for a lump sum payment upon electing to do so.
• Pursuant to the Veterans Well-being Act and Regulations, if a member or Veteran dies while in receipt of a monthly PSC, the benefit is cashed out as a lump sum amount and paid to the surviving spouse/common-law partner and/or dependent children. If the member or Veteran was single at the time of death, no lump sum is paid.
• On March 22, 2024, Veterans Ombud published a report, Full and Fair Payment of Pain and Suffering Compensation,.
o The report is the result of a review of the Pain and Suffering Compensation (PSC) that was launched by the OVO after it received complaints from family members of deceased single Veterans who did not qualify for the Pain and Suffering Compensation following the death of their loved one.
• The review makes two recommendations:
1. Resolve the unfairness for single Veterans with no survivors and/or dependent children who would have received more through the Pain and Suffering Compensation lump sum amount than through the monthly payments had they elected it before their death. One option would be for Veterans who die before making the election to be deemed to have elected the lump sum on the day before their death; and
2. Until Recommendation 1 is implemented, ensure Veterans receive detailed and plain language information explaining what happens should they die without having elected the lump sum.
• In addition, the report provides general details regarding an unspecified case in which Veterans Affairs Canada paid a lump sum PSC to the family of a deceased single member without any legal authority from the Veterans Well-being Act or regulations. I cannot speak to this case for privacy reasons.

WHEN PRESSED:

Q1 – Why did the Office of the Veterans Ombud (OVO) review the Pain and Suffering Compensation (PSC)?

OVO began its review after it received complaints from family members of deceased single Veterans who did not qualify for the Pain and Suffering Compensation.

Q2 – What are the OVO’s recommendations?

The review makes two recommendations:
1. Resolve the unfairness for single Veterans with no survivors and/or dependent children who would have received more through the Pain and Suffering Compensation lump sum than through the monthly payments had they elected it before their death. One option would be for Veterans who die before making the election to be deemed to have elected the lump sum on the day before their death; and
2. Until Recommendation 1 is implemented, ensure Veterans receive detailed and plain language information explaining what happens should they die without having elected the lump sum.

Q3 – Does the Department of Veterans Affairs accept the recommendations in the Report?

The Department of Veterans Affairs is reviewing recommendations 1 and 2 and is carefully considering next steps to ensure the needs of Veterans and their families are met.
Q4 – What is involved in implementing the recommendations?

Implementing recommendation 1 requires options development, design, legislative and regulatory amendments as well as a formal costing. Cabinet approval will be required.
Recommendation 2 is administrative in nature and can be completed by the Department. This has been implemented.
Q5 – Did the Department pay a lump sum PSC to the family of a deceased single member as is stated in the Report?

For privacy reasons, I cannot comment.