Service Eligibility

LPFMOM MANAGEMENT & OPERATIONS MANUAL
Title:
Chapter:
Section:
Sub-section:
POLICY & PROCEDURES
CRITERIA FOR ASSISTANCE
SERVICE ELIGIBILITY (CRITERIA ONE)
Chapter/Section/Subsection
3.3
Date
Page
01 Oct 2016
1
1.0
PURPOSE
To qualify for assistance under the Veterans Affairs Canada Funeral & Burial Program,
the following service eligibility must first be met.
2.0
SERVICE ELIGIBILITY SUMMARY
In summary, a “Veteran” means one of the following persons:
2.1
A former member of the Canadian Forces or any predecessor Naval, Army or Air Forces
of Canada or Newfoundland;
2.2
A Canadian Merchant Mariner of WW2 or of the Korean War or an individual eligible
under the Merchant Navy Veteran and Civilian War-related Benefits Act; or
2.3
An Allied Veteran who served with the Allied Forces during WW2 the Korean War and
has also lived in Canada for at least 10 years, or lived in Canada prior to enlisting and
was living in Canada at death.
3.0
VERIFICATION OF BENEFITS ON CSDN
The Minister of Veterans Affairs has authorized the Last Post Fund to deliver services to
certain clients. Verification of participation in departmental programs on CSDN-Client
Service Delivery Network may be used to establish eligibility for the following clients:
a. Civilian persons eligible based on the receipt of benefits from Veterans Affairs
Canada under The Merchant Navy Veteran and Civilian War-related Benefits Act;
b. Certain Allied Veterans eligible as per the War Veterans Allowance Act; and
c. Veterans eligible for full funeral and burial benefits as a matter-of-right.
4.0
MERCHANT NAVY (MERCHANT MARINE) VETERANS
In 1993, the Last Post Fund Letters Patent was amended authorizing funeral and burial
benefits for Merchant Navy Veterans who died on or after Jul 01, 1992.
4.1
To qualify as a Merchant Navy Veteran, one of these conditions must be met:
a. an individual of any nationality with service on a ship of Canadian or Nfd registry
while on a “high-seas voyage” (international/interprovincial voyage outside
territorial waters or voyage where enemy attacked ship) during WW1 or WW2; or
b. Canadian with service on Allied Ship on a high-seas voyage during WW1 or WW2; or
c. Canadian National awarded the 1939-45 Star in respect of Merchant Navy service; or
d. an individual of any nationality with service on a “Canadian ship” in “dangerous
waters” while on a high-seas voyage during the Korean conflict. A voyage in
dangerous waters means a voyage in one of five defined war “risk zones” in the
water surrounding Korea during the Korean conflict.
4.2
The following Canadian ships are known to have operated in dangerous waters during
the Korean conflict: Argovan, Digby County, Islandside, Lake Atlin, Lake Kootenay, Lake
Minnewanka, Lake Pennask, Lake Sicamous, Lakeside, Lake Winnipeg and World Trotter.
LPFMOM MANAGEMENT & OPERATIONS MANUAL
Title:
Chapter:
Section:
Sub-section:
POLICY & PROCEDURES
CRITERIA FOR ASSISTANCE
SERVICE ELIGIBILITY (CRITERIA ONE)
Chapter/Section/Subsection
3.3
Date
Page
01 Oct 2016
2
5.0
THE MERCHANT NAVY VETERAN AND CIVILIAN WAR-RELATED BENEFITS ACT
5.1
When an application is received for those eligible under the Merchant Navy Veteran and
Civilian War-related Benefits Act, verify receipt of benefits on the Client Service Delivery
Network (CSDN). Veterans Affairs Canada may assign a CIV01 service code in lieu of a
service number. A favourable status in CSDN may replace traditional proof of service.
5.2
The following outlines service classified under the Act:
Part I:
Merchant Navy Veterans
Part I.1:
Civilian Merchant Seaman and Salt Water Fishermen
Part II:
Auxiliary Services Personnel: Canadian Legion War Services Inc; National
Council of the Young Men’s Christian Association of Canada; Knights of
Columbus Canadian Army Huts; Salvation Army Canadian War Services
Part III:
Corps of (Civilian) Cdn Fire Fighters for Service in the United Kingdom
Part IV:
Royal Canadian Mounted Police (during wartime)
Part V:
Royal Canadian Mounted Police Constables (during wartime)
Part VI:
Air Raid Precautions Workers
Part VII:
Injury During Remedial Treatment: Persons called up under the National
Resources Mobilization Act; Volunteers for active service not accepted
owing to physical condition
Part VIII:
Voluntary Aid Detachment; Nursing Auxiliary Canadian Red Cross Corps;
Nursing Division of the St John Ambulance Brigade of Canada
Part IX:
Overseas Welfare Workers: Canadian Red Cross Society; St John
Ambulance Brigade of Canada
Part X:
Canadian Civilian Air Crew of the Royal Air Force Transport Command
Allowances (As would be entitled under the War Veterans Allowance Act if were a Veteran)
Part XI:
War Veterans Allowance Act: Merchant Navy Veterans; Civilian Merchant
Seaman; Corps of (Civilian) Cdn Fire Fighters for Service in the United
Kingdom; Voluntary Aid Detachment of the British Red Cross; Canadian
Red Cross Society; St John Ambulance Brigade of Canada; Canadian Red
Cross Society-Scottish Ministry of Health; Civilian Aircrew Member of
Royal Airforce Transport Command; Royal Airforce Ferry Command or
Atlantic Ferry Organization; Newfoundland Overseas Forestry Unit
6.0
NEWFOUNDLAND AND LABRADOR
The Dominion of Newfoundland contributed to the Allied war effort, namely in the
British Forces, Newfoundland Overseas Forestry Unit, Merchant Navy and Nfld Regt. A
former United Kingdom colony, it became the tenth province to enter Confederation on
31 Mar 1949 (name changed to Newfoundland & Labrador on 06 Dec 2001). A British
subject resident in Newfoundland at the time of enlistment who served in the naval,
army or air forces of His Majesty or in any of the forces of Allied countries during WW1,
WW2 shall be offered the same benefits as a member of the Canadian Forces.
LPFMOM MANAGEMENT & OPERATIONS MANUAL
Title:
Chapter:
Section:
Sub-section:
POLICY & PROCEDURES
CRITERIA FOR ASSISTANCE
SERVICE ELIGIBILITY (CRITERIA ONE)
Chapter/Section/Subsection
3.3
Date
Page
01 Oct 2016
3
7.0
NATIONAL RESOURCES MOBILIZATION ACT (NRMA)
National Resources Mobilization Act (NRMA) on a discharge paper does not indicate a
unit in which a Veteran served but refers to the Act under which they were conscripted
for service. Legislation passed in 1940 that enabled the government declare compulsory
military service. In 1939, Prime Minister King, conscious of the opposition to WW1
conscription, stated that no conscription for overseas service would be implemented
but by mid-1940, he introduced the NRMA which called for a national registration of
eligible men and authorized conscription for home defence. From April 1941, men called
up were required to serve the rest of the war on home defence duties. By the end of
1944, the legislation was changed to compulsory service in Canada as well as Overseas.
8.0
ALLIED VETERANS ELIGIBLE FOR FUNERAL AND BURIAL BENEFITS
8.1
Amendments to the War Veterans Allowance Act restored access to funeral and burial
for Allied Veterans effective 01 Jan 2010. Wartime Allied Veterans who die in Canada
and/or are buried and/or cremated in Canada are eligible for means-tested assistance.
8.2
8.3
8.4
Definition of Allied Veteran in the War Veterans Allowance Act [Excerpt]
Definition of Allied Veteran; in subsection (4.1) or (4.2) of War Veterans Allowance Act:
WVAA (4.1)
...any former member of any of His Majesty’s forces, other than
resistance groups, ...who served during [WW2], who resided in Canada
for a total period of at least 10 years beginning on or after 15 Aug 1945,
who has been honourably discharged or has been permitted to
honourably resign or retire from one of those forces & who served in a
theatre of actual war during that war.
WVAA (4.2)
An Allied Veteran is also any former member of any of the forces that
took part in the Korean War and…who resided in Canada for a total
period of at least 10 years beginning on or after 27 Jul 1953, who has
been honourably discharged or has been permitted honourably to resign
or retire from one of those forces and who served in a theatre of
operations during that war.”
Allied Veterans-10 Year Residency Requirement
The ten years post-war residency requirement for Allied Veterans who moved to Canada
from another country was chosen as it was a regulation in place prior to 1995, and is
consistent with the standard residency requirement under the Old Age Security Act.
Verification of Allied Service
If service particulars have already been confirmed by Veterans Affairs Canada, allied
service may be verified using printouts from CSDN. If an Allied Veteran is not a client of
Veterans Affairs Canada, confirmation of residency and official documentation for proof
of service with an allied country must be supplied by the deceased’s family or estate.
LPFMOM MANAGEMENT & OPERATIONS MANUAL
Title:
Chapter:
Section:
Sub-section:
9.0
9.1
9.2
9.3
9.4
9.5
POLICY & PROCEDURES
CRITERIA FOR ASSISTANCE
SERVICE ELIGIBILITY (CRITERIA ONE)
Chapter/Section/Subsection
3.3
Date
Page
01 Oct 2016
4
RELEASE FROM THE CANADIAN FORCES AND CRIMINAL RECORD
Terms of Release from the Canadian Forces
The term ‘release’ is defined as “the termination of the service of an officer or noncommissioned member in any manner.” Members are released from the Canadian
Forces in accordance with the Queens Regulations and Orders-QR&O 15.01. The
Veterans Affairs Canada Funeral and Burial Program is available to any individual that
meets service requirements regardless of the reason for release. (Note: Canada does
not use the term “dishonourable discharge” an American term).
Request Change of Release
A former member of the Forces (or their family) may request a review or “Change of
Release” on a discharge paper by writing to: Director Department of National Defence /
101 Colonel By Drive / Ottawa ON K1A 0K2
Deemed Not to Have Served (Order in Council P.C. 3264-Dated 14 Aug 1946)
In 1946, the Government of Canada introduced an Order in Council P.C. 3264 stating:
“All members of the Naval, Military and Air Forces of Canada and persons called out for
compulsory military service under the provisions of The National Resources Mobilization
Act, 1940, who absented themselves without leave or deserted in Canada prior to the 1st
day of Jan, 1946, and who have not since that date either surrendered themselves
into…custody or control or who not been apprehended either by the civil or service
authorities shall, for all purposes, be deemed never to have enlisted or enrolled in or
appointed to or to have served with the Naval, Military and Air Forces of Canada during
the period of war with the German Reich and its allied and associated powers which
commenced, insofar as the Dominion of Canada is concerned…”
Assistance may be granted for those who were “deemed not to have served” under P.C.
3264, however, Library & Archives Canada may not be forthcoming with service
particulars from these files. Forward to the manager if assistance is needed.
Criminal Record
Assistance is available where it is known the individual has a criminal record after
release from the Canadian Armed Forces if service/financial criteria is met. The Last Post
Fund may provide benefits to an individual who at the time of death is an inmate of a
jail or penal institution.
10.0
STILL SERVING AT TIME OF DEATH
10.1
Currently serving Canadian Forces members may receive benefits from Veterans Affairs
Canada, therefore, if a CSDN death notice indicates “Still Serving” the Department of
National Defence (DND) will cover funeral and burial. DND will advise by separate
correspondence should they require the Last Post Fund to assist a family with
supplying/reimbursing a gravestone.