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(b) the aggregate of the pension and
supplement payable for that month to the
other.
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(3) Paragraph 12(6)(b) of the Act is
replaced by the following;
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(b) in the case of an applicant who, on the
day immediately before the current fiscal
year, was the spouse of a person to whom no
pension may be paid for any month in the
current fiscal year, the amount determined
by the formula
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A/24 - B/2
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A is the aggregate of the incomes of the
applicant and the spouse for the base
calendar year, and
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(i) obtained by multiplying the amount
of the full monthly pension that might
have been paid to a pensioner for any
month in that payment quarter by the
applicant's special qualifying factor
for the month, and
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(ii) rounded, where that product is not
a multiple of four dollars, to the next
higher multiple of four dollars; and
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(4) The portion of paragraph 12(6)(c) of
the Act before subparagraph (ii) is replaced
by the following:
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(c) in the case of an applicant who, on the
day immediately before the current fiscal
year, was the spouse of a person to whom a
pension may be paid for any month in the
fiscal year,
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(i) in respect of any month in the current
fiscal year before the first month for
which a pension may be paid to the
spouse, the amount determined for the
applicant for the month under paragraph
(b), and
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53. (1) Subsection 19(6) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (b), by adding the
word ``or'' at the end of paragraph (c) and
by adding the following after paragraph
(c):
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(d) any month during which the spouse is
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(i) a specially qualified individual, and
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(ii) a permanent resident, as defined in
subsection 2(1) of the Immigration Act,
in respect of whom an undertaking by a
sponsor is in effect as provided in that Act
and regulations under that Act.
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(2) Section 19 of the Act is amended by
adding the following after subsection (6):
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| Application of
para. (6)(b)
|
(6.1) Paragraph (6)(b) does not apply to a
spouse of a pensioner in respect of a month
where a supplement would be payable to the
pensioner for that month if the special
qualifying factor of that pensioner for that
month were equal to one.
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| Application of
para. (6)(d)
|
(6.2) Paragraph (6)(d) does not apply to a
spouse where an event as provided by the
regulations has occurred.
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| R.S., c. 34 (1st
Supp.),
s. 5(1)
|
54. (1) The definitions ``residual family
income'' and ``residual income of the
widow'' in subsection 22(1) of the Act are
replaced by the following:
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``residual
family
income''
« revenu
familial
résiduel »
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``residual family income'' of a pensioner and
the pensioner's spouse for a month in a
current fiscal year means the amount
determined by the formula
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A - B
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A is the monthly family income of the
pensioner and the pensioner's spouse in
the current fiscal year, and
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(a) obtained by multiplying four-thirds
of the rounded pension equivalent by
the spouse's special qualifying factor
for the month, and
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(b) rounded, where that product is not
a multiple of four dollars, to the next
higher multiple of four dollars;
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``residual
income of the
widow''
« revenu
résiduel de la
veuve »
|
``residual income of the widow'' for a month
in a current fiscal year means the amount
determined by the formula
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A - B
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A is the monthly income of the widow in the
current fiscal year, and
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(a) obtained by multiplying four-thirds
of the rounded pension equivalent by
the widow's special qualifying factor
for the month, and
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(b) rounded, where that product is not
a multiple of four dollars, to the next
higher multiple of four dollars;
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| R.S., c. 34 (1st
Supp.),
ss. 5(2) and
(3); 1995, c.
33, s. 12
|
(2) Subsections 22(2) to (4) of the Act are
replaced by the following:
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| Effect on
supplement
under Part II
|
(2) Where, under this Part, an application
has been made and approved or the
requirement for an application has been
waived in respect of the spouse of a pensioner
for any month in a payment quarter, the
amount of the supplement that may be paid for
that month to the pensioner, in lieu of the
amount of the supplement provided under Part
II for that month, is the amount determined by
the formula
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[(A - B) x C] - D/4
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where
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A is the total of the supplement equivalent in
respect of that month and the amount of the
full monthly pension for that month;
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B is the pensioner's monthly pension for that
month;
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C is the pensioner's special qualifying factor
for that month; and
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D is the residual family income of the
pensioner and the spouse for that month
rounded, where that income is not a
multiple of four dollars, to the next lower
multiple of four dollars.
|
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| Spouse's
allowance to
spouse of
pensioner
|
(3) The amount of the spouse's allowance
that may be paid under section 19 for any
month in a payment quarter to the spouse of a
pensioner is
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(a) where there is no monthly family
income of the pensioner and spouse in the
current fiscal year, the total of
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(i) the product obtained by multiplying
the pension equivalent in respect of the
month by the spouse's special qualifying
factor for the month, and
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|
(ii) the product obtained by multiplying
the supplement equivalent in respect of
the month by the spouse's special
qualifying factor for the month;
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|
(b) where the monthly family income of the
pensioner and spouse in the current fiscal
year is equal to or less than the product
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|
(i) obtained by multiplying four-thirds of
the rounded pension equivalent in respect
of the month by the spouse's special
qualifying factor for the month, and
|
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|
(ii) rounded, where that product is not a
multiple of four dollars, to the next
higher multiple of four dollars,
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the amount determined by the formula
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|
(A x B) + C
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A is the supplement equivalent in respect of
the month,
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|
B is the spouse's special qualifying factor
for the month, and
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C is the greater of zero and the amount
determined by the formula
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|
(D x B) - 3/4 E
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B is the spouse's special qualifying fac
tor for the month,
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|
D is the pension equivalent in respect of
the month, and
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|
E is the monthly family income of the
pensioner and the spouse in the current
fiscal year rounded, where that income
is not a multiple of four dollars, to the
next lower multiple of four dollars;
and
|
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|
|
(c) where the monthly family income of the
pensioner and spouse in the current fiscal
year is more than the product
|
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|
(i) obtained by multiplying four-thirds of
the rounded pension equivalent in respect
of the month by the spouse's special
qualifying factor for the month, and
|
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|
(ii) rounded, where that product is not a
multiple of four dollars, to the next
higher multiple of four dollars,
|
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|
the amount determined by the formula
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|
|
(A x B) - C/4
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|
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|
A is the supplement equivalent in respect of
the month,
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|
B is the spouse's special qualifying factor
for the month, and
|
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|
|
C is the residual family income of the
pensioner and spouse for that month
rounded, where that income is not a
multiple of four dollars, to the next lower
multiple of four dollars.
|
|
| Spouse's
allowance to
widow
|
(4) The amount of the spouse's allowance
that may be paid under section 21 for any
month in a payment quarter to a widow is
|
|
|
|
(a) where there is no monthly income of the
widow in the current fiscal year, the total of
|
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|
|
(i) the product obtained by multiplying
the pension equivalent of the widow in
respect of the month by the widow's
special qualifying factor for the month,
and
|
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|
|
(ii) the product obtained by multiplying
the supplement equivalent for the widow
in respect of the month by the widow's
special qualifying factor for the month;
|
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|
|
(b) where the monthly income of the widow
in the current fiscal year is equal to or less
than the product
|
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|
|
(i) obtained by multiplying four-thirds of
the rounded pension equivalent in respect
of the month by the widow's special
qualifying factor for the month, and
|
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|
|
(ii) rounded, where that product is not a
multiple of four dollars, to the next
higher multiple of four dollars,
|
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|
the amount determined by the formula
|
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|
|
(A x B) + C
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|
|
|
|
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|
|
A is the supplement equivalent for the
widow in respect of the month,
|
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|
|
B is the widow's special qualifying factor
for the month, and
|
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|
|
C is the greater of zero and the amount
determined by the formula
|
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|
|
(D x B) - 3/4 E
|
|
|
|
|
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|
|
B is the widow's special qualifying fac
tor for the month,
|
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|
|
D is the pension equivalent in respect of
the month, and
|
|
|
|
E is the monthly income of the widow in
the current fiscal year rounded, where
that income is not a multiple of four
dollars, to the next lower multiple of
four dollars; and
|
|
|
|
(c) where the monthly income of the widow
in the current fiscal year is more than the
product
|
|
|
|
(i) obtained by multiplying four-thirds of
the rounded pension equivalent in respect
of the month by the widow's special
qualifying factor for the month, and
|
|
|
|
(ii) rounded, where that product is not a
multiple of four dollars, to the next
higher multiple of four dollars,
|
|
|
|
the amount determined by the formula
|
|
|
|
(A x B) - C/2
|
|
|
|
|
|
|
|
A is the supplement equivalent for the
widow in respect of the month,
|
|
|
|
B is the widow's special qualifying factor
for the month, and
|
|
|
|
C is the residual income of the widow in
respect of the month rounded, where that
residual income is not a multiple of two
dollars, to the next lower multiple of two
dollars.
|
|
| 1995, c. 33,
s. 20(2)
|
55. (1) Paragraph 33(2)(a) of the Act is
replaced by the following:
|
|
|
|
(a) the Department of Citizenship and
Immigration, the Department of Finance,
the Department of National Revenue, the
Department of Supply and Services, the
Canada Employment and Immigration
Commission, Canada Post or Statistics
Canada, where such information is
necessary for the administration of this Act;
|
|
|
|
(2) Subsection 33(3) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (a) and by adding the following
after paragraph (a):
|
|
| Information
from outside
sources
|
(a.1) the Minister of Citizenship and
Immigration and officers and employees of
the Department of Citizenship and
Immigration may make available to the
Minister any information that was obtained
in the administration of the Immigration Act
and that relates to an applicant, a
beneficiary or a spouse of an applicant or
beneficiary, where the information is
necessary for the administration of this Act;
and
|
|
|
|
56. Section 34 of the Act is amended by
adding the word ``and'' at the end of
paragraph (o) and by adding the following
after paragraph (o):
|
|