Benefit of Doubt (Veterans Health Care Regulations)

Issuing Authority: Director General, Policy
Effective Date: May 18, 2012
Document ID: 1047

Care has been taken to ensure these policies accurately reflect the acts and regulations. Should any inconsistencies be found, the acts and regulations will prevail.

Purpose

This policy provides direction on ensuring that clients and applicants receive every reasonable consideration in their requests for benefits, services and care under the Veterans Health Care Regulations (VHCR).

Policy

General

  1. VHCR policies aim to ensure that clients in need of health care:
    1. have their needs assessed by professionals;
    2. have these needs met through a combination of resources available to them as residents ofthe province or community in which they reside, and through the Department;
    3. Receive the benefits, services and care they require and for which they are eligible under the VHCR; and
    4. Receive equal consideration from the Department wherever they choose to live in Canada.

Provision of Benefit of Doubt

  1. If, after a client's eligibility for health care programs has been established, a question arises on the provision of benefits, services or care, Departmental staff will:
    1. draw from all circumstances of the case and the health care and other assessments, every reasonable inference in favour of the client/applicant;
    2. where a fact must be proven, accept as proof the evidence provided by the client/applicant or representative in the absence of contradictory evidence; and
    3. where there is doubt as to a client/applicant's eligibility, resolve such doubt in favour of the client/applicant.

References

Department of Veterans Affairs Act

Veterans Health Care Regulations

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