Deceased or Former Members Dependants Payment Order

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1599/FullText.html

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Deceased or Former Members Dependants Payment Order

C.R.C., c. 1599WAR SERVICE GRANTS ACT
Order Determining the Manner of Payment of aWar Service Gratuity to Dependants of Deceased Members or Former Members of the ForcesShort Title

1 This Order may be cited as the Deceased or Former Members Dependants Payment Order.

Manner of Payment

2 It is hereby directed, pursuant to subsection 5(2) of the War Service Grants Act, that

(a) where there is only one person who was in receipt of dependants' allowance on behalf of the deceased member immediately prior to the member's death or discharge and there is no person eligible under paragraph 5(1)(b) of the Act, that person shall receive the gratuity or the unpaid balance thereof, as the case may be;
(b) where there is no person in receipt of dependants' allowance on behalf of the deceased member immediately prior to the member's death or discharge and there is only one person who qualifies under paragraph 5(1)(b) of the Act, that person shall receive the gratuity or the unpaid balance thereof, as the case may be;
(c) where the total of the number of persons in receipt of dependants' allowance on behalf of the deceased member immediately prior to the member's death or discharge and the number of persons eligible under paragraph 5(1)(b) of the Act is more than one, the gratuity or the unpaid balance thereof, as the case may be, shall be made available for division among such persons so that the amount paid to each is in the same proportion to the gratuity or the unpaid balance thereof, as the case may be, as the monthly amount of dependants' allowance paid or payable to or in respect of each such person at the date of the member's death or discharge is to the total monthly amount of dependants' allowance so paid and payable; where application for the gratuity is not submitted by or on behalf of all such persons, the persons who do apply shall be paid that portion only of the gratuity which each would have received had the others applied;

(d) where no person qualifies under paragraph (a), (b) or (c) and

(i) there is only one person who qualifies under paragraph 5(1)(c) of the Act, that person shall receive the gratuity or the unpaid balance thereof, as the case may be,
(ii) more than one person qualifies under paragraph 5(1)(c) of the Act, the gratuity or the unpaid balance thereof, as the case may be, shall be made available for division among such persons so that the amount paid to each is in the same proportion to the gratuity or the unpaid balance thereof, as the case may be, as the monthly amount of pay assigned to or in respect of each such person at the date of the member's death or discharge is to total monthly amount of pay assigned by such member in respect of all such persons; where application for the gratuity is not submitted by or on behalf of all such persons, the persons who do apply shall be paid that portion only of the gratuity which each would have received had the others applied; and

(e) where no person qualifies under paragraph (a), (b), (c) or (d) and

(i) there is only one person who qualifies by reason of eligibility for dependants' allowance under paragraph 5(1)(a) of the Act, that person shall receive the gratuity of the unpaid balance thereof, as the case may be,
(ii) more than one person qualifies by reason of eligibility for dependants' allowance under paragraph 5(1)(a) of the Act, the gratuity or the unpaid balance thereof, as the case may be, shall be made available for division among such persons so that the amount paid to each is in the same proportion to the gratuity or the unpaid balance thereof, as the case may be, as the monthly amount of dependants' allowance payable in respect of each such person at the date of the member's death or discharge is to the total monthly amount of dependants' allowance that would have been payable to such persons had they applied for dependants' allowance; where application for the gratuity is not submitted by or on behalf of all such persons, the persons who do apply shall be paid that portion only of the gratuity which each would have received had the others applied.

3 Notwithstanding this Order, where it appears in any particular case that injustice results from compliance with the foregoing provisions, the case may be disposed of otherwise, after all the facts of the case have been considered.