Manitoba Child Benefit Regulation
Regulation 85/2008
Registered April 28, 2008
TABLE OF CONTENTS
Section
1 Definitions
APPLICATIONS AND ELIGIBILITY
2 Applications
2.1 New application each year
3 Eligibility
BENEFITS
4 Calculation of base income
5 No benefit if base income exceeds limits
6 Maximum benefit payable
7 Retroactive payments
RECALCULATION AND TERMINATION OF BENEFITS
8 Notice of changes
9 Recalculation of benefits
10 When entitlement to benefits ends
OPTICARE BENEFITS
10.1 Application process, benefits payable and
restrictions
MISCELLANEOUS PROVISIONS
11 Notice of decision
12 Ongoing obligation to provide information
13 Recovery of payments
14 Repealed
15 Repeal
16 Effective date
DEFINITIONS
Definitions
1 The following definitions apply in this regulation.
"adjusted income" means adjusted income as defined in section 122.6 of the Income Tax Act (Canada), subject to any applicable modification under subsection 4(2). (« revenu modifié »)
"base income" means the income of a person for the base taxation year calculated under section 4. (« revenu de base »)
"base taxation year", in relation to an application for benefits, means
(a) if an application is made in the first six months of a calendar year, the taxation year that ended on December 31 of the second preceding calendar year; or
(b) if an application is made in the last six months of a calendar year, the taxation year that ended on December 31 of the preceding calendar year. (« année de base »)
"benefit" means the Manitoba Child Benefit paid under this regulation. (« prestation »)
"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence. (« conjoint de fait »)
"dependant" means a person under 18 years of age who lives with and is supported by a person applying for or receiving a benefit, but does not include a person who is the subject of a temporary placement under The Child and Family Services Act or who is a ward under that Act. (« personne à charge »)
"First Nation" means a band as defined in the Indian Act (Canada). (« Première nation »)
"member of a First Nation" has the same meaning as member of a band as that term is defined in the Indian Act (Canada). (« membre d'une Première nation »)
"reserve" means a reserve as defined in the Indian Act (Canada). (« réserve »)
APPLICATIONS AND ELIGIBILITY
Applications
2(1) A person applying for benefits must apply to the department on a form approved by the minister.
Additional information
2(2) An applicant must give the department any additional information or documentation it requests in order to determine the applicant's eligibility for benefits and the amount of benefits payable, including a consent from the applicant and his or her spouse or common-law partner authorizing the release of information held by Canada Revenue Agency to the department.
2(3) [Repealed] M.R. 173/2014.
New application each year
2.1(1) Subject to subsection (2), a person who is receiving benefits must submit a new application for benefits on or before the first day of the month in which he or she was born.
Exception
2.1(2) A person who is receiving benefits is not required to submit a new application as required by subsection (1) if his or her previous application for benefits was submitted no more than three months before the first day of the month in which he or she was born.
Eligibility
3(1) Subject to subsection (2), a person is eligible to receive a benefit if the person
(a) is a resident of Manitoba;
(b) has one or more dependants who are under 18 years of age; and
(c) receives the Canada Child Tax Benefit payable under the Income Tax Act (Canada) in respect of those dependants.
Ineligible persons
3(2) A person is not entitled to receive a benefit if the person
(a) is a member of a First Nation and resides on a reserve;
(b) receives social assistance from the Government of Canada or a First Nation, other than an allowance or assistance respecting health care services; or
(c) receives income assistance or general assistance under The Employment and Income Assistance Act, other than an allowance or assistance respecting health care services provided under that Act.
BENEFITS
Calculation of base income
4(1) When a person applies for benefits, the base income for the person is to be calculated using the adjusted income of the person for the base taxation year and, if applicable, adding the adjusted income of the person's spouse or common-law partner for the base taxation year.
Modification re OAS
4(2) When calculating base income under subsection (1), if a person receives a benefit under the Old Age Security Act (Canada) after April 1, 2011, the adjusted income of that person is to be modified by
(a) including the amount of the benefit that would have been paid to the person if he or she was entitled to that benefit on April 1, 2011; and
(b) excluding any portion of the benefit payable to the person in excess of the amount included
under clause (a).
No benefit if base income exceeds limits
5 No benefit is payable to a person if his or her base income
(a) is greater than $20,435, if the person has three or fewer dependants;
(b) is greater than $22,242, if the person has four dependants;
(c) is greater than $24,052, if the person has five dependants;
(d) is greater than $25,864, if the person has six dependants; or
(e) is greater than amounts determined by the minister, if the person has seven or more dependants.
Maximum benefit payable
6(1) A person with a base income of $15,000 or less is to receive the maximum monthly benefit payable of $35 for each dependant.
Calculation of partial benefits
6(2) If a person's base income is greater than $15,000, the total monthly benefit payable to the person is to be calculated using the following formula:
| TMB = | (D x $420) - (A x B) |
_______________ 12 |
In this formula,
TMB is the total monthly benefit payable to the person;
D is the number of dependants of the person;
A is the person's base income less $15,000;
B is
(a) 7.73% if the person has one dependant;
(b) 15.46% if the person has two dependants; or
(c) 23.18% if the person has three or more dependants.
Small amounts not payable
6(3) No benefit is payable to a person if the monthly benefit calculated under subsection (2) is less than $2.
Lump sum payments
6(4) If the monthly benefit calculated under subsection (2) is between $2 and $10, the department may pay those benefits out in one or more lump sum payments at intervals determined by the department.
Retroactive payments
7 Benefits may be approved and payments may be made retroactively, but no retroactive payments may be made in respect of any period that is more than one year before the date when the person seeks retroactive payments.
Notice of changes
8 A person receiving benefits must notify the department about any changes that might affect the person's eligibility to receive benefits or the amount of benefit payable, no later than 30 days after the change occurs.
Recalculation of benefits
9(1) The department may recalculate the benefit payable to a person when it discovers that there has been a change in circumstances that affects the amount of benefit payable to the person.
When recalculation takes effect
9(2) Any change in the amount of benefit payable arising out of a recalculation by the department takes effect in the month after the change in circumstances occurred.
When entitlement to benefits ends
10(1) A person is not entitled to receive a benefit if he or she no longer meets the eligibility requirements set out in section 3.
When payments terminate
10(2) A person is entitled to receive a benefit for the month in which he or she failed to meet the eligibility requirements set out in section 3.
Payments end if no new application submitted
10(3) A person who is receiving a benefit is not entitled to continue to receive benefits if he or she fails to submit a new application for benefits in acordance with section 2.1.
OPTICARE BENEFITS
Application
10.1(1) A person receiving a benefit who has purchased prescription eyeglasses for his or her dependant may apply to the department for reimbursement of the cost of those eyeglasses on a form approved by the minister.
Required documents
10.1(2) The application must include a receipt for the eyeglasses purchased and details of the dependant's prescription.
Benefit payable
10.1(3) Subject to subsections (5) to (7), an eligible person is entitled to 80% of the cost of the eyeglasses purchased for his or her dependant, to a maximum reimbursement of $84.
Increased reimbursement for special vision needs
10.1(4) Despite subsection (3), the minister may approve the payment of a greater amount of reimbursement if a dependant has special vision needs.
Restrictions
10.1(5) Reimbursement will only be provided for a dependant's eyeglasses every three years, unless there has been a change in the dependant's prescription or the dependant has outgrown their glasses.
Application
10.1(6) Reimbursement is payable only for eyeglasses purchased after January 1, 2012.
Ineligibility
10.1(7) A person is not eligible for reimbursement under this section if he or she has optical coverage provided by a private insurer or other provider.
MISCELLANEOUS PROVISIONS
Notice of decision
11 The department must provide written notice of the following decisions to a person:
(a) the denial of the person's application for a benefit;
(b) the calculation or recalculation of the benefit payable to the person;
(c) the decision to terminate the payment of a benefit to the person.
Ongoing obligation to provide information
12 A person receiving a benefit must provide any additional information or documentation that the department requests at any time in order to determine if the person continues to be eligible to receive a benefit.
Recovery of payments
13(1) Where a benefit or any part of a benefit would not have been paid to a person except for
(a) a false statement or misrepresentation made by the person; or
(b) the failure of the person to disclose information that is relevant to determining eligibility or the calculation of benefits;
the department may recover the amount of the benefit that the person was not entitled to receive as
a debt due and owing to it.
Reduction of benefits
13(2) When a person becomes indebted to the department under subsection (1) and is receiving a benefit, the department may authorize the deduction of an amount from the benefits paid to the person until the indebtedness is discharged.
14 [Repealed]
Repeal
15 The Child Related Income Support Program Regulation, Manitoba Regulation 405/88 R, is repealed.
Effective date
16 Benefits under this regulation are effective January 1, 2008.