Chapter 211 - Service Benefits for Ill and Injured Members

211.005 – Interpretation

211.005(1) (Definitions) The definitions in this instruction apply to CBI Chapter 211 (Service Benefits for Ill and Injured Members of the Canadian Forces).

attendant

includes a relative, or friend, who acts as an officer's or non-commissioned member's attendant, even if the relative or friend does not possess any special qualifications.

caregiver

includes a relative, or friend, who acts as a caregiver on behalf of an officer or non-commissioned member, even if the relative or friend does not possess any special qualifications.

dependant child

means an officer or non-commissioned member's child, legal ward, or legally adopted child, who is:

  1. single;
  2. in the custody and control of the officer or non-commissioned member;
  3. under 16 years of age or of any age if prevented from earning a living by reason of mental or physical infirmity; and
  4. dependent upon the officer or non-commissioned member for support.
grounds maintenance services

means exterior chores typically performed by a reasonable occupant of a single family dwelling (e.g. snow removal, gardening, and exterior maintenance).

home

means the place where an officer or non-commissioned member normally resides or temporarily resides, and includes an intended place of residence (IPR) owned or rented by the officer or non-commissioned member before their effective date of release.

housekeeping services

means domestic chores typically performed by an occupant of a single family dwelling (e.g. vacuuming, laundry, cleaning, preparing meals, washing windows, grocery shopping, and banking).

impairment

means a loss or abnormality of a psychological, physiological or anatomical structure or function.

member

means an officer or non-commissioned member of the Special Force, Regular Force, or Reserve Force, who:

  1. at the time the impairment is sustained, is entitled to medical care at public expense under QR&O paragraph 34.07(4) (Entitlement to Medical Care); and
  2. after the impairment is sustained, remains entitled to medical care at public expense under QR&O paragraph 34.07(4).
private motor vehicle

(PMV) means a private motor vehicle:

  1. operated by or for the benefit of an officer or non-commissioned member; and
  2. that is suitable for modifications, given the officer's or non-commissioned member's impairment.

211.005(2) (Catastrophic Impairment) A catastrophic impairment is:

  1. paraplegia or quadriplegia;
  2. the amputation or other impairment causing the total and permanent loss of use of both arms or both legs;
  3. the amputation or other impairment causing the total and permanent loss of use of one or both arms and one or both legs;
  4. the total loss of vision in both eyes;
  5. brain impairment that results in,
    1. a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the impairment was sustained by a person trained for that purpose, or
    2. a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the impairment was sustained by a person trained for that purpose.
  6. subject to paragraph 211.005(3), an impairment or combination of impairments that, in accordance with the American Medical Association's Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole member; or
  7. subject to paragraph 211.005(3), an impairment that, in accordance with the American Medical Association's Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder.

211.005(3) (Catastrophic Impairment) For the purposes of subparagraphs 211.005(2)(f) and (g), an impairment that is sustained by a member but is not listed in the American Medical Association's Guides to the Evaluation of Permanent Impairment, 4th edition, 1993 is deemed to be the impairment that is listed in that document and that is most analogous to the impairment sustained by the member.

211.005(4) (Rule Against Double Benefit) Notwithstanding any other instruction in this chapter, no payment of a benefit shall be made for that portion of an expense for which payment is obtained by the officer or non-commissioned member under any insurance plan or law or under any other plan or law.

(TB 836078, effective 1 April 2011)

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211.01 – Home Modifications Benefit

211.01(1) (Purpose) The purpose of the Home Modifications Benefit is to reimburse an ill or injured member for payments made to modify the member's home.

211.01(2) (Entitlement) A member is entitled to receive the Home Modifications Benefit if:

  1. the member sustains a permanent catastrophic impairment; or
  2. the member sustains a temporary catastrophic or a non-catastrophic impairment and is assessed as reasonably and necessarily needing home modifications.

211.01(3) (Home Modifications) The Home Modifications Benefit is payable for reasonable and necessary home modification expenses incurred by or on behalf of the member. These expenses include:

  1. structural and other modifications to the member's home;
  2. equipment to facilitate access to and from the member's home;
  3. appliances to facilitate living in the member's home;
  4. construction, shipping, and installation expenses toward any of (a), (b), and (c) above; and
  5. additional insurance expenses arising from (a), (b), and (c) above.

211.01(4) (Amount) The maximum amount of the Home Modifications Benefit payable is:

  1. in respect of a home owned by the member, the fair market value of the home; and
  2. in respect of a home not owned by the member, five times the yearly rent payment.

211.01(5) (Additional Amounts) In addition to the amount determined in paragraph (4), the Chief of the Defence Staff, or, when authorized by the Chief of the Defence Staff, the Chief of Military Personnel, personally may authorize an additional amount for necessary home modifications if:

  1. a Canadian Forces appointed occupational therapist recommends in writing that the home modification is necessary; and
  2. the Chief of the Defence Staff, or the Chief of Military Personnel, considers that the additional expense is reasonable having regards to the nature of the modifications, the fair market value of the home or yearly rent and that it would be equitable in the circumstances to approve the benefits.

211.01(6) (Medical Assessment) A Canadian Forces health care provider regularly assesses whether:

  1. a catastrophic impairment is permanent;
  2. an impairment is and remains catastrophic; and
  3.  a member who sustains a temporary catastrophic or a non-catastrophic impairment reasonably and necessarily needs home modifications.

211.01(7) (Limitation) The Home Modifications Benefit is not payable:

  1. if the modified home fails to comply with applicable federal and provincial building standards; or
  2. to return the modified home to its original state.

211.01(8) (Member's Responsibility) The member is responsible to obtain all necessary authorizations to make home modifications.

211.01(9) (Claim for reimbursement) A member may submit a claim for the Home Modifications Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

(TB 836078, effective 1 April 2011)

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211.015 – Home Modifications Move Benefit

211.015(1) (Purpose) The purpose of the Home Modifications Move Benefit is to reimburse an ill or injured member for moving expenses incurred during home modifications.

211.015(2) (Entitlement) A member who is entitled to a benefit under CBI 211.01 (Home Modifications Benefit) is entitled to receive the Home Modifications Move Benefit, unless the member is entitled to be reimbursed for relocation expenses in accordance with CBI 209 Section 8 (Relocation Expenses) or CBI 209 Section 9 (Canadian Forces Integrated Relocation Program).

211.015(3) (Move Expenses) The Home Modifications Move Benefit is payable for the following actual and reasonable expenses:

  1. the move of HG&E from the member's current home into storage and the member's temporary or new home;
  2. the move of HG&E from storage and the member's temporary home to:
    1. the member's current home; or
    2. the member's new home.
  3. meals, lodgings and incidental expenses while HG&E are packed, loaded and delivered to:
    1. the member's new home;
    2. the member's temporary home;
    3. storage; and
    4. the member's current home;
  4. storage of HG&E;
  5. the cost of terminating a lease;
  6. the costs associated with sale of the member's current home and purchase of a new home;
  7. incidental relocation expenses in accordance with CBI 209.85 (Movement Grant);
  8. the boarding of household pets; and
  9. the additional costs associated with maintaining two residences.

211.015(4) (Limitation) Where a move into a temporary home with cooking facilities is not possible and a commercial accommodation (e.g. hotel) must be used, the payment of meal and incidental expenses is limited to the similar entitlement under CBI 209 Section 9 (Canadian Forces Integrated Relocation Program Directive).

211.015(5) (Claim for reimbursement) A member may submit a claim for the Home Modifications Move Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

(TB 836078, effective 1 April 2011)

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211.02 – Vehicle Modifications Benefit

211.02(1) (Purpose) The purpose of the Vehicle Modifications Benefit is to reimburse an ill or injured member for payments made to modify one PMV.

211.02(2) (Entitlement) A member is entitled to receive the Vehicle Modifications Benefit if the member sustains a permanent catastrophic impairment.

211.02(3) (Vehicle Modifications) The Vehicle Modifications Benefit is payable for reasonable and necessary vehicle modifications expenses incurred by or on behalf of the member. These expenses include:

  1. the purchase, installation, and modification of:
    1. hand controls;
    2. pedal controls;
    3. swivel seats;
    4. wheelchair and scooter hoists; and
    5. safety devices; and
  2. additional insurance expenses for the modified PMV.

211.02(4) (Medical Assessment) A Canadian Forces health care provider assesses whether a catastrophic impairment is permanent.

211.02(5) (Limitation) The Vehicle Modifications Benefit is not payable:

  1. if the modified PMV fails to comply with applicable federal and provincial safety requirements; or
  2. to return the modified vehicle to its original state.

211.02(6) (Member's Responsibility) The member is responsible to obtain all necessary authorizations to make PMV modifications.

211.02(7) (Claim for reimbursement) A member may submit a claim for the Vehicle Modifications Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

(TB 836078, effective 1 April 2011)

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211.03 – Home Assistance Benefit

211.03(1) (Purpose) The purpose of the Home Assistance Benefit is to reimburse an ill or injured member for payments made to look after the member's home.

211.03(2) (Entitlement) A member is entitled to receive the Home Assistance Benefit if:

  1. the member sustains a permanent catastrophic impairment; or
  2. the member sustains a temporary catastrophic or a non-catastrophic impairment and is assessed as reasonably and necessarily needing home assistance.

211.03(3) (Home Assistance) The Home Assistance Benefit is payable for reasonable and necessary expenses incurred by or on behalf of the member for:

  1. grounds maintenance services; and
  2. housekeeping services.

211.03(4) (Amount) The maximum amount of the Home Assistance Benefit payable is the maximum amount provided by Veterans Affairs Canada for grounds keeping under its Veterans Independence Program (VIP) as set out in Appendix G to the Veterans Program Policy Manual, Volume II, Health Care Programs.

211.03(5) (Medical Assessment) A Canadian Forces health care provider regularly assesses whether:

  1. a catastrophic impairment is permanent;
  2. an impairment is and remains catastrophic; and
  3. a member who sustains a temporary catastrophic or a non-catastrophic impairment reasonably and necessarily needs home assistance.

211.03(6) (Limitation) The Home Assistance Benefit is not payable:

  1. for expenses paid to a member's relative living in the member's home;
  2. to members who are eligible for benefits under the Veterans Affairs Canada VIP program; or
  3. if the member has other reasonable means for home assistance (e.g. a capable individual living in the member's home, who can provide home assistance).

211.03(7) (Claim for reimbursement) A member may submit a claim for the Home Assistance Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

(TB 836078, effective 1 April 2011)

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211.04 – Attendant Care Benefit

211.04(1) (Purpose) The purpose of the Attendant Care Benefit is to reimburse an ill or injured member for payments made to an attendant to look after that member on a full-time basis.

211.04(2) (Entitlement) A member is entitled to receive the Attendant Care Benefit if the member sustains, on operations in Afghanistan:

  1. a permanent catastrophic impairment; or
  2. a temporary catastrophic or a non-catastrophic impairment and is assessed as reasonably and necessarily needing attendant care.

211.04(3) (Attendant Care) The Attendant Care Benefit is payable for reasonable and necessary expenses incurred by or on behalf of the member. These expenses include but are not limited to :

  1. routine personal care;
  2. basic supervisory functions; and
  3. health care and hygiene functions.

211.04(4) (Amount) The amount of the Attendant Care Benefit payable in respect of a member is $100.00 per day.

211.04(5) (Medical Assessment) A Canadian Forces health care provider regularly assesses whether:

  1. a catastrophic impairment is permanent;
  2. an impairment is and remains catastrophic; and
  3. a member who sustains a temporary catastrophic or a non-catastrophic impairment reasonably and necessarily needs attendant care.

211.04(6) (Duration) The Attendant Care Benefit is payable for a maximum of 365 cumulative days.

211.04(7) (Limitation) The Attendant Care Benefit is not payable if the attendant is a member of the Special Force, Regular Force, or Reserve Force on Class B or C Reserve Service, who is in receipt of pay and allowances.

211.04(8) (Claim for reimbursement) A member may submit a claim for the Attendant Care Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

(TB 836078, effective 1 April 2011)

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211.05 – Caregiver Benefit

211.05(1) (Purpose) The purpose of the Caregiver Benefit is to reimburse an ill or injured member for payments made for childcare or other caregiver expenses.

211.05(2) (Entitlement) A member is entitled to receive the Caregiver Benefit if:

  1. a dependant child physically resides with the member; and
  2. the member sustains on operations in Afghanistan:
    1. a permanent catastrophic impairment; or
    2. a temporary catastrophic or a non-catastrophic impairment which is assessed as preventing the member from engaging in the caregiving activities in which he or she engaged prior to those operations.

211.05(3) (Caregiving Activities) The Caregiver Benefit is payable for reasonable and necessary expenses incurred by or on behalf of the member in caring for a dependant child. These expenses include but are not limited to:

  1. routine personal care;
  2. supervising daily activities;
  3. health care and hygiene functions; and
  4. household tasks.

211.05(4) (Amount) The daily maximum amount of the Caregiver Benefit payable is:

  1. $75 Canadian with a receipt; or
  2. $35 Canadian with a declaration.

211.05(5) (Medical Assessment) A Canadian Forces health care provider regularly assesses whether:

  1. a catastrophic impairment is permanent;
  2. an impairment is and remains catastrophic; and
  3. a member who sustains a temporary catastrophic or a non-catastrophic impairment reasonably and necessarily needs caregiving assistance.

211.05(6) (Limitation) The Caregiver Benefit is not payable if the caregiver is a member of the Special Force, Regular Force, or Reserve Force on Class B or C Reserve Service, who is in receipt of pay and allowances.

211.05(7) (Claim for reimbursement) A member may submit a claim for the Caregiver Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

(TB 836078, effective 1 April 2011)

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211.06 – Spousal Education Upgrade Benefit

211.06(1) (Purpose) The purpose of the Spousal Education Upgrade Benefit is to reimburse an ill or injured member for expenses to improve their spouse's or common-law partner's employability.

211.06(2) (Entitlement) A member is entitled to receive the Spousal Education Upgrade Benefit if the member:

  1. sustains, on operations in Afghanistan, a permanent catastrophic impairment; and
  2. could not benefit from any federal tuition or vocational assistance program.

211.06(3) (Education Upgrade) The Spousal Education Upgrade Benefit is:

  1. payable for reasonable and necessary expenses incurred by or on behalf of the member for their spouse's or common-law partner's participation in an educational program to obtain:
    1. an undergraduate or advanced degree, diploma, or certificate at a Canadian university or college, accredited in accordance with provincial law; or  
    2. a professional certification, trade accreditation, or similar credential, issued by a recognized professional body; and
  2. limited to:
    1. application, initial testing, and enrolment fees;
    2. tuition costs;
    3. the cost of necessary program materials (e.g. books and instruments, but not paper, pens and other school supplies);
    4. mandatory fees (e.g. student union, council, licensing, certification or accreditation, library, laboratory, examination, internet, or other mandatory fees or costs listed in the course syllabus or program documentation or which is required to complete the course or program); and
    5. the cost of a tutor referred by the training facility.

211.06(4) (Amount) The maximum amount payable for the Spousal Education Upgrade Benefit is $20,000.00.

211.06(5) (Medical Assessment) A Canadian Forces health care provider assesses whether a catastrophic impairment is permanent.

211.06(6) (Education Assessment) After consultation with a Canadian Forces health care provider and the member's case worker, the Chief of the Defence Staff, or an officer designated by the Chief of the Defence Staff, determines whether:  

  1. the member could not benefit from any federal tuition or vocational assistance program; and
  2. the spouse or common-law partner has submitted an education upgrade plan to improve their employability.

211.06(7) (Limitation) The Spousal Education Upgrade Benefit is not payable:

  1. if the education upgrade plan is inadequate for the purpose of improved employability;
  2. if the expenses are not in accordance with the education upgrade plan;
  3. if the expenses are not claimed within one year after the day on which the expenses were incurred;
  4. in respect of a course that is not successfully completed; or
  5. in respect of expenses incurred:
    1. before the member sustains a permanent catastrophic impairment; and
    2. after the member is capable of participating in any federal government tuition and/or vocational assistance program.

211.06(8) (Expenses Incurred Before 1 April 2011) Notwithstanding paragraphs (a), (b), and (c) of CBI 211.06(7), the Spousal Education Upgrade Benefit is payable for expenses incurred between 7 October 2001 and 31 March 2011 if the member claims the expenses before 31 March 2012.

211.06(9) (Claim for reimbursement) A member may submit a claim for the Spousal Education Upgrade Benefit in accordance with instructions issued by or on behalf of the Chief of the Defence Staff.

NOTE

Reimbursement for expenses made under the Spousal Education Upgrade Benefit may limit additional benefits available under the Veterans Affairs Canada (VAC) Rehabilitation Services and Vocational Assistance Program.

(TB 836078, effective 1 April 2011)

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211.07 – Next of Kin Travel Benefit

211.07(1) (Purpose) The purpose of the Next of Kin Travel Benefit is to pay or reimburse an ill or injured member for the travel and living expenses of the next of kin and travel assistants.

211.07(2) (Definitions) The following definitions apply in this instruction:

next of kin

has the same meaning as in article 1.02 (Definitions) of the QR&O.

NKTB

means the payment or reimbursement of the travel and living expenses of the next of kin and travel assistants of an ill or injured member.

travel and living expenses

has the same meaning as in article 209.01 (Interpretation) of QR&O.

travel assistant

means a person who in respect of a next of kin meets the requirements of subparagraphs (3)(a) or (b) of article 209.02 (Entitlements - Next of Kin) of the QR&O.

211.07(3) (Entitlement) A member is entitled to the NKTB if all of the following conditions are satisfied:

  1. a medical officer is of the opinion that,
    1. the member has a serious, catastrophic, or life-threatening impairment, and
    2. the presence of the member's next of kin is immediately required at the member's location; and
  2. the Chief of the Defence Staff – or an officer designated by the Chief of the Defence Staff – determines that there is no operational or security reason that prevents the next of kin – and a travel assistant, as the case may be – being at the member's location; and.
  3. the next of kin – and a travel assistant, as the case may be – travel to the member's location.

211.07(4) (Number – Persons) The NKTB is authorized for a maximum of four persons, including travel assistants.

211.07(5) (Travel – Duration) The NKTB is authorized for a maximum of 120 days in respect of the total number of persons who travel and as divided among those persons by the member, if the member is competent, or by the member's adult primary NOK, if the member is incompetent. Upon the authority of the Chief of the Defence Staff, an additional period of travel not exceeding a maximum of 180 days may be authorized for one person, if in the opinion of the medical officer, additional attendance of the NOK is required.

(TB, effective 7 June 2012)

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