Update: Earnings Loss Benefit

Ottawa – November 18, 2013

Many of you have contacted my Office recently concerning Earnings Loss Benefit for Veterans who are under the New Veterans Charter. I know from your calls that some of you think that my office has not been pursuing this issue with enough vigour, so let me tell you what we have done.

As you know, on April 4, 2013, the Federal Court approved how past SISIP Long Term Disability (LTD) clawback amounts are to be refunded retroactive to June 1, 1976. This was followed on May 9, 2013, with a news release by the Honourable Peter MacKay, then-Minister of National Defence, and the Honourable Steven Blaney, then-Minister of Veterans Affairs, announcing that the Government of Canada would not be appealing the Federal Court's May 1, 2012 decision regarding the offset of Pension Act disability benefits from the SISIP LTD income support benefit. In the same news release, the Honourable Steven Blaney stated: “I am happy to announce that our Government is taking action to harmonize our disability benefits at Veterans Affairs to reflect the planned changes to SISIP.”            

Since I first blogged on this issue on July 13, 2012, my team and I have never stopped pursuing this issue on your behalf with Veterans Affairs Canada. In fact, we have emphasized the need to address the issue on many occasions. Particularly, we have emphasized the importance for the Department to keep you in the loop about what it intends to do concerning Earnings Loss Benefit harmonization for New Veterans Charter Veterans.

I believe that it is only fair for Veterans Affairs Canada to be upfront with you on this matter. You need to know if the answer is ‘yes’ or ‘no’. If it is ‘no’, why is it ‘no’ for Veterans under the New Veterans Charter, but not for Veterans under SISIP LTD?

As Christmas approaches, your calls and emails to my office are increasing on this issue. I understand the importance to you of getting a clear answer on this matter as quickly as possible and I want to assure you that my team and I will continue our efforts to keep moving this forward.

The week before Veterans’ Week, I spoke about this matter with Minister Fantino. I thank the Minister for taking the time to listen to my concern on your behalf. I want you to know that I am following up with his officials to ensure that your position is understood and that your voice is heard.

In the interest of fairness, this issue needs to be resolved quickly...and it needs to be resolved in your favour.

One Veteran.


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Della said:

Has anyone actually received their earning loss benefit? I have been waiting months for mine to come in and have never received it yet.

February 12, 2017 11:27 PM

Cathie said:

I would like to see more town hall meetings, they seem to be lacking. Also need more updates on issues, i.e. New Veterans Charter Review, time frame for review, expectations of Ombudsman Office re outcome, etc. Seems to be general info on website, need more specifics and details. Office needs to step it up a notch.

February 28, 2014 4:02 PM

howard said:

I want to know how we as servicemen or as served this country is discriminated against we are told that we are forced to loose part of our pensions and live in poverty when we turned 65 years old. This country as a policy that forbids anyone to be force to collect the cpp and old age security and in fact when people of this country earn a pension they get to keep it all and plus the cpp and old age security pensions all except the disabled servicemen. That is discrimination in all ways considered do you loose your pension and forced to take the cpp no of course not my cpp payments are minimal because my injuries did not allow me to work like normal people. my contributions are not near enough to live off even with my disability pension I will live in poverty I will loose everything why dose the government make sure that there pensions will keep them in luxury and people like me loose it all is this fair I think that it is time for the people to hear what they do to us and the supreme court of Canada to decide what is fair. I am going to bring this matter forward and I do have the support of many and why have you not done anything to protect us at any cost are you afraid you might loose your job. And why is there two systems the old and the new being in the old I am loosening out on a lot will be waiting to hear your explanations of this it should be good

January 22, 2014 7:46 PM

Marco said:

Je ne sais vraiment pas ce qu'on attend??? J'espère qu' il y aura rétroactif depuis 2006 (nouvelle charte) et les intérêts en plus!!! Dans le dossier des pensions déduites sur l'allocation de perte de revenu. Au moins ayez la descence de nous donnez une réponse ! ! ! ! En plus ils doivent savoir que si la réponse est NON, il y aura un autre procès en cour... Malgré un e décision déjà rendu de la cour...imaginez!!! Alors s.v.p reglons ce dossier une fois pour toute. Respect.

January 20, 2014 6:40 PM

RJS said:

Is there any news on ELB Retro?

January 17, 2014 3:05 PM

kevin said:

Is anything being done to address the Canada Pension Plan Disability amount from ELB? I'm clawed back 700.00 a month because I receive a canada disability pension from CPP.. Another question I have.. is the govt keeps saying we can receive ELB until we're 65.. yet they've just raised the age qualification for Old age pension to 67.. Are they going to change the ELB to reflect that or are they entitled to cut us loose at 65?

November 28, 2013 1:36 AM

Steve said:

Have you spouses contacted the Equitas Society? When arguing how the NVC is discriminatory, it is plain to see when looking at the support for survivors, or lack there of, when compared to the Pension Act. A PA widow can get up to $1944/month plus extra for any children, but a NVC widow gets absolutely nothing. After all, a service disability affect more than the Veteran, but the NVC doesn't recognize that fact.

November 27, 2013 7:03 PM

marco said:

J`aimerais savoir, de un, combien on est d`anciens combattants environ dans cette situation (pension deduite sur l`allocation de perte de revenu), sûrement quelques milliers de personnes?? pourquoi toujours ce BATTRE pour ce qui nous es dû?? on paie déjà très cher de nos affections qui diminues grandement notre qualité de vie!!! pour l`ensemble des vétérans et j`aimerais savoir dans un deuxième temps, quelle a été la réaction du ministre quand vous lui avez parlé de cette injustice??? Dire que ces pensions n`auraient jamais dû être déduites....

November 23, 2013 12:00 PM

Lynn said:

I have to agree with Connie, as a veteran's wife and having gone through the pain of caring for a veteran with PTSD, Veteran Affair are not leaving us with much money when they pass away. It's like "thank you for your services, but we don't need you anymore". How about having some gratitude for changing our life too, when caring for a veteran....it is not the easiest task and it is not one that we can learn from reading a book.

November 23, 2013 9:55 AM

marco said:

est-ce que ca va prendre un autre recours collectif pour les anciens combattants qui reçoivent une perte de revenu et qui ont vu leur pension deduite de 2006(nouvelle charte)jusqua octobre 2012 (pensions ne sont plus déduites.) il y a eu une periode de 6 annees de pensions déduites injustement. c est une question d equite pour tout les vétérans, recours ou non. il y a eu une decision de la cour, non. le ministere des anciens combattants doit respecter cette decision.

November 22, 2013 2:22 PM

Martin said:

Merci pour la mise à jour ! Mais je comprend toujours pas pourquoi vous ne contactez pas les vétérans en cause, si il est si important pour vous qu'ils vous contact afin d'avoir plus de pouvoir dans nos démarches ? Et de plus pourquoi ne pas nous aviser de faire une plainte à la commission Canadienne des droits de la personne ! que sa pourrais faire avancer notre cause aussi !?! n'en est t'il pas le rôle de l'ombudsman de nous aider et conseiller dans nos recourt possible ?

November 21, 2013 12:08 PM

Martin said:

Merci pour la mise à jour ! Mais je comprend toujours pas pourquoi vous ne contactez pas les vétérans en cause, si il est si important pour vous qu'ils vous contact afin d'avoir plus de pouvoir dans nos démarches ? Et de plus pourquoi ne pas nous aviser de faire une plainte à la commission Canadienne des droits de la personne ! que sa pourrais faire avancer notre cause aussi !?! n'en est t'il pas le rôle de l'ombudsman de nous aider et conseiller dans nos recourt possible ?

November 21, 2013 12:08 PM

Concerned Veteran said:

Many Veterans are owed thousands of dollars in ELB Retro and we have been very patient while waiting.

November 20, 2013 12:59 PM

Gerry said:

Want to send a big thank you to our Ombudsman for keeping on top of this issue!!! I would also like to ask, will it be possible for him to be able to bring this issue to the floor when he is addressing persons at the House of Commons on November 28th? Thank you for all your efforts!!!

November 19, 2013 11:29 PM

Dany said:

Comme on dit pas de nouvelle, bonne nouvelle. Mais a.c.c n`a pas l`air a aimer la décision de la cour. On verra, j`espère juste qu`on retournera pas en cour, cette fois-ci pour les pertes de revenu et pension deduite, ca serait absurde.

November 19, 2013 5:53 PM

Eric said:


November 19, 2013 8:42 AM

Brian said:

Thank you for finally giving us an update. It has been long overdue. Cheers.

November 18, 2013 8:07 PM

Connie Payne said:

I thank- you for pursuing this matter. However, I have yet to read anything that relates to spouses who have recently lost their spouse who was a military member. My point is this, my husband (who served the CAF for 27 years) passed away at the young age of 50. My husband was receiveing the ELB. However, since my husbands passing, the ELB benefit has ceased, and I the wife, no longer receive any ELB. I do not understand why the ELB has stopped. I am in constant fear of losing all that we worked for, due to financial changes since my husbands passing away. I was told that the only way that I would continue to receive the ELB is IF, I could prove that his death was somehow realted to his time in the CAF, and, or his work duties contributed to his cause of death! This is ludicrious! I can tell you this, that when my husband was INFORMED to be medically released, that is when this Gov't killed him! NOBODY can, or will tell me different, I seen a productive, hard working career solider throwen out of a job, a career that he loved, and who served his country proudly, and professionally at all times. When will his Country serve him proudly, and do the right thing, and look after the spouses of the deceased military members?

November 18, 2013 6:34 PM