First, a little background.
Some of you may be familiar with the New Veterans Charter - http://www2.parl.gc.ca/content/hoc/Bills/381/Government/C-45/C-45_4/C-45_4.PDF - which came into force on April 1, 2006. Part 4 of the New Veterans Charter is a new provision for Health Benefits (Section 66), alluding to the Public Service Health Care Plan (PSHCP).
Section 66 subsection (2) reads:
Unfortunately, the Veterans Charter does not spell out the "prescribed eligibility requirements".
However, section 66 refers to Treasury Board as being the approval authority for all terms and conditions in respect of the group insurance program.
On the Treasury Board website at http://www.tbs-sct.gc.ca/hr-rh/bp-rasp/benefits-avantages/hcp-rss/hcp-rss_e.asp, there is a "New Public Service Health Care Plan Directive (Effective April 1, 2006)". If one follows that link, it describes the new PSHCP. On that page, there is an "Eligibility" link (http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_862/pshcpd-drssfp/pshcpd-drssfp03_e.asp). If one goes there, it states:
If one looks to the left of the webpage, there is a link to "Schedule III" (http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_862/pshcpd-drssfp/pshcpd-drssfp21_e.asp).
At Schedule III, it states:
Now, more about the problem. My mother falls into the last group - my father passed away in 2001 as a result of his military service, and VAC awarded a 100% disability pension (nearly a year after his death, due to the length of the appeal process). My mother now receives the VAC survivor benefit.
When the New Veterans Charter came into force last April, I encouraged my mother to apply for the PSHCP coverage. In June 2006, she received a letter from VAC stating the following:
Several phone calls to VAC have failed to get them to move from their stance that survivors are not eligible for coverage unless the member died after April 1, 2006 - despite the fact that there's nothing in the legislation mentioning this. I also pointed out that had the authors of the legislation intended to exclude members who died prior to April 1, 2006, they would have included a clause such as was included in Section 6 of the New Charter. Section 6 restricts eligibility to Rehab services, vocational assistance and financial benefits, which is Part 2 of the Charter. Specifically:
Right now, there are two Members of Parliament that are inquiring into this issue with the Minister of Veterans Affairs. I've chosen not to seek assistance from the Legion for personal reasons.
If you're a veteran or survivor in one of the groups listed at Schedule III of the PSHCP Directive, and you're not already covered under the Public Service Health Care Plan, it certainly appears that you're eligible for PSHCP coverage. Bear in mind that under the New Veterans Charter, "Canadian Forces" is defined as "the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland".
I'm not seeking any personal information from anyone, nor am I representing any person or group. I just thought I'd pass this information along so that anyone who may have been previously turned down for PSHCP coverage, or was unaware that they were eligible for it can take the opportunity to call VAC and confirm their coverage eligibility. If you fit into the groups above, yet VAC insists that you're ineligible because of the 1 April 2006 criteria, you can then get in contact with your Member of Parliament and have the situation addressed. I suspect there's a significant number of eligible people out there, and the more of you that press the issue, the faster VAC will address it - or one would hope.
Some of you may be familiar with the New Veterans Charter - http://www2.parl.gc.ca/content/hoc/Bills/381/Government/C-45/C-45_4/C-45_4.PDF - which came into force on April 1, 2006. Part 4 of the New Veterans Charter is a new provision for Health Benefits (Section 66), alluding to the Public Service Health Care Plan (PSHCP).
Section 66 subsection (2) reads:
(2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.
Unfortunately, the Veterans Charter does not spell out the "prescribed eligibility requirements".
However, section 66 refers to Treasury Board as being the approval authority for all terms and conditions in respect of the group insurance program.
On the Treasury Board website at http://www.tbs-sct.gc.ca/hr-rh/bp-rasp/benefits-avantages/hcp-rss/hcp-rss_e.asp, there is a "New Public Service Health Care Plan Directive (Effective April 1, 2006)". If one follows that link, it describes the new PSHCP. On that page, there is an "Eligibility" link (http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_862/pshcpd-drssfp/pshcpd-drssfp03_e.asp). If one goes there, it states:
III – Pensioners
1. Any person in receipt of an ongoing recognised pension, survivor's or children's benefit pursuant to an Act identified in Schedule IV, as amended from time to time by the Treasury Board of Canada, is eligible to join or to continue coverage under the PSHCP when their pension becomes payable (except those persons who immediately prior to retirement were employed by a non-participating organisation on or after the specified date as identified in Schedule II of this Plan Document).
2. Any individual who is a member of the VAC client group as defined in Schedule III is eligible to join the Plan.
If one looks to the left of the webpage, there is a link to "Schedule III" (http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_862/pshcpd-drssfp/pshcpd-drssfp21_e.asp).
At Schedule III, it states:
Schedule III - Designated Persons, Boards and Agencies
The following persons, boards and agencies as amended from time to time by the Treasury Board of Canada were designated by Treasury Board of Canada, on the date shown, as being eligible to join the Plan:
(...)
VI) Effective April 1, 2006
- Former members of the Canadian Forces (CF Veterans) who have been approved for benefits under the Service Income Security Insurance Plan Long Term Disability (SISIP LTD) who do not otherwise have PSHCP;
- Veterans of the Canadian Forces (CF) with a rehabilitation need that is service related, identified by Veterans' Affairs Canada (VAC), who do not otherwise have post-release PSHCP eligibility;
- Survivors* of veterans and members of the Canadian Forces who have died as a result of military service when the survivors do not otherwise have PSHCP eligibility.
*as defined in the Canadian Forces Members and Veterans Re-establishment and Compensation Act
Now, more about the problem. My mother falls into the last group - my father passed away in 2001 as a result of his military service, and VAC awarded a 100% disability pension (nearly a year after his death, due to the length of the appeal process). My mother now receives the VAC survivor benefit.
When the New Veterans Charter came into force last April, I encouraged my mother to apply for the PSHCP coverage. In June 2006, she received a letter from VAC stating the following:
Survivors of CF members and Veterans are eligible to enrol in the PSHCP through VAC if:
- the CF member or Veteran died as a result of military service on or after April 1, 2006, the date the Canadian Forces Members and Veterans Re-establishment and Compensation Act came into force, and the survivor does not otherwise have PSHCP eligibility.
Unfortunately, in your particular case, you do not meet the criteria mentioned above and your application for the PSHCP cannot be approved.
Several phone calls to VAC have failed to get them to move from their stance that survivors are not eligible for coverage unless the member died after April 1, 2006 - despite the fact that there's nothing in the legislation mentioning this. I also pointed out that had the authors of the legislation intended to exclude members who died prior to April 1, 2006, they would have included a clause such as was included in Section 6 of the New Charter. Section 6 restricts eligibility to Rehab services, vocational assistance and financial benefits, which is Part 2 of the Charter. Specifically:
6. This Part does not apply in respect of a physical or a mental health problem that resulted primarily from
(a) service in the Canadian Forces on or before April 1, 1947; or
(b) service in the Korean War, as that term is defined in subsection 3(1) of the Pension Act.
Right now, there are two Members of Parliament that are inquiring into this issue with the Minister of Veterans Affairs. I've chosen not to seek assistance from the Legion for personal reasons.
If you're a veteran or survivor in one of the groups listed at Schedule III of the PSHCP Directive, and you're not already covered under the Public Service Health Care Plan, it certainly appears that you're eligible for PSHCP coverage. Bear in mind that under the New Veterans Charter, "Canadian Forces" is defined as "the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland".
I'm not seeking any personal information from anyone, nor am I representing any person or group. I just thought I'd pass this information along so that anyone who may have been previously turned down for PSHCP coverage, or was unaware that they were eligible for it can take the opportunity to call VAC and confirm their coverage eligibility. If you fit into the groups above, yet VAC insists that you're ineligible because of the 1 April 2006 criteria, you can then get in contact with your Member of Parliament and have the situation addressed. I suspect there's a significant number of eligible people out there, and the more of you that press the issue, the faster VAC will address it - or one would hope.