Canada Disability Benefit: $2,400 Annual Benefit
Canada Gazette, Part I, Volume 158, Number 26: Canada Disability Benefit Regulations
REGULATORY IMPACT ANALYSIS STATEMENT
Key facts
- Published
- June 29, 2024
- Comment deadline
- September 23, 2024
- Effective date
- Unclear
Summary#
The government published proposed Canada Disability Benefit Regulations under the Canada Disability Benefit Act. If adopted, they would set up a new, income‑tested annual payment of up to $2,400 per eligible person (indexed to inflation), with payments expected to begin in July 2025. This is a proposal open for comment (publication allowed a comment period of 86 days) and is not law yet.
What it does#
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Establishes who can get the Canada Disability Benefit (the Benefit):
- Age rule: people aged 18 to 64 (eligibility ends the month they turn 65; a payment is allowed for the month they turn 65).
- Disability rule: must be eligible for the Disability Tax Credit (DTC) from the Canada Revenue Agency.
- Residency/citizenship rules: residents and certain immigration statuses are listed in the proposal.
- Tax filing: applicants must have filed a tax return for the previous year (with limited exceptions for very young applicants).
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Sets the size and test for the Benefit:
- Maximum: $200 per month, $2,400 per year (indexed to the Consumer Price Index).
- Income thresholds: $23,000 for singles and $32,500 combined for couples (indexed).
- Working income exemptions: $10,000 for single individuals and $14,000 combined for couples (these amounts are excluded from the income test and are indexed).
- Reduction rates (phase‑out): generally 20% of income over the threshold for singles (and for couples where only one is eligible); 10% for each person when both partners are eligible.
- Payments are calculated from the previous year’s tax data.
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Timing and payments:
- Payment period is July to June, with the first payment period expected in July 2025.
- Applications can be backdated up to 24 months in some cases (so people may receive earlier months’ payments).
- Monthly payments are made when the monthly amount is above $20; smaller totals are paid as a lump sum.
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How to apply and who will run the program:
- Service Canada will design and deliver the application and payments, with multiple accessible channels (online, paper, in person, phone).
- The Canada Revenue Agency will continue to decide DTC eligibility and provide income data.
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Administrative rules and redress:
- Service Canada can correct administrative errors and change decisions if new information appears.
- Reconsideration: applicants can ask Service Canada to reconsider a decision within 180 days.
- Appeals: decisions can be appealed to the Social Security Tribunal; income issues may be referred to the Tax Court of Canada.
- Authorities to verify compliance include document inspections and, with judicial authorization, requests to third parties.
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Compliance, penalties and recovery:
- Administrative monetary penalties for violations: 15% of the annual maximum Benefit for a first violation and 50% for subsequent violations (based on the maximum Benefit in effect when the violation occurred).
- Criminal offences are defined for intentional fraud or identity misuse; default Criminal Code summary penalties would apply unless otherwise set.
- Overpayments and penalties are considered debts to the Crown and can be recovered, certified in court, or offset against future federal payments. The proposal sets a six‑year limitation for debt recovery.
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Other items:
- Payments to representatives for people who cannot manage their own affairs are allowed.
- The proposal includes a consequential amendment to the Social Security Tribunal Regulations, 2022 to handle constitutional challenge notices.
Who's affected#
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People most directly affected:
- Working‑age people with severe and prolonged disabilities who can get the Disability Tax Credit and who meet residency and tax‑filing rules.
- People who have not applied for the DTC yet. They would likely need medical forms and to file taxes to qualify.
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Families and household members:
- Couples: both partners’ incomes matter for the Benefit calculation, though the rules give higher thresholds and special treatment when both partners are eligible.
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Federal departments and bodies that will administer or be involved:
- Service Canada (delivery and payments).
- Canada Revenue Agency (DTC eligibility and tax data).
- Administrative Tribunals Support Service of Canada and the Social Security Tribunal (appeals).
- Provinces and territories, because the Benefit may interact with existing provincial/territorial disability supports.
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Communities that may face extra barriers:
- Indigenous peoples, people in remote or rural areas, people who are homeless, and those in custody may find it harder to get the DTC medical forms or to file taxes.
- Low‑income applicants who must pay for medical certification or tax help.
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Businesses and small employers:
- The government’s small business lens found no direct impact on small businesses.
Why it matters#
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Poverty reduction target:
- The Benefit is aimed at reducing poverty among working‑age people with disabilities, who experience higher poverty rates than people without disabilities.
- Early government estimates say in year 1 about 465,000 recipients would get the Benefit and roughly 20,000 people with disabilities could be lifted out of poverty. By year 10, about 640,000 recipients and roughly 25,000 people lifted out of poverty are projected.
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Money involved:
- The Benefit payments themselves are estimated (as a transfer) at about $8,327.9 million in present value over ten years (this is a transfer, so not counted as a net cost in the analysis).
- The regulatory cost estimate for administering the program and applicants’ costs is $525,605,679 (present value) over ten years. That total is split into about $252,901,179 in government administration costs and about $272,704,499 in costs to applicants (for things like medical forms, tax filing and application time).
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Work incentives and design choices:
- The rules include a working income exemption (up to $10,000 or $14,000) to reduce disincentives to work.
- The Benefit is income‑tested and phases out as income rises. How fast it phases out (the 20% or 10% rates) affects how much extra earnings are worth to recipients.
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Access and fairness concerns:
- The proposal relies on the Disability Tax Credit to prove disability. Stakeholders warned this can create barriers: the DTC requires medical certification and some people who need help may not qualify under the DTC rules.
- The government has proposed separate funding (in the budget) to help with medical form costs and to provide navigator supports, but those measures are not part of the text of these regulations.
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Timing and next steps:
- These are proposed regulations published for comment; they are not yet final rules.
- The government targeted registration of the regulations in spring 2025 and anticipates Benefit payments starting in July 2025 if the program proceeds as planned.
If you want to comment or follow developments, the Canada Gazette notice includes instructions and contact details for the consultation.
Key topics
Source: Canada Gazette