THE SOCIAL SERVICES ADMINISTRATION ACT (C.C.S.M. c. S165)

Manitoba Child Benefit Regulation
Regulation 85/2008
Filed April 28, 2008

DEFINITIONS

1. Definitions
2. 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). (« 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

   1. 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
   2. 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 »)

   "benefit year"

   means a consecutive 12-month period commencing on July 1 and ending on June 30 of the following year. (« année de prestations »)

   "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.

New application each year

2(3) A person must make a new application for benefits each benefit year.

Eligibility

3(1) Subject to subsection (2), a person is eligible to receive a benefit if the person

1. is a resident of Manitoba;
2. has one or more dependants who are under 18 years of age; and
3. 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

1. is a member of a First Nation and resides on a reserve;
2. receives social assistance from the Government of Canada or a First Nation, other than an allowance or assistance respecting health care services; or
3. 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 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.

No benefit if base income exceeds limits

5 No benefit is payable to a person if his or her base income

1. is greater than $20,435, if the person has three or fewer dependants;
2. is greater than $22,242, if the person has four dependants;
3. is greater than $24,052, if the person has five dependants;
4. is greater than $25,864, if the person has six dependants; or
5. 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

1. 7.73% if the person has one dependant;
2. 15.46% if the person has two dependants; or
3. 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 before the start of a benefit year.

RECALCULATION AND TERMINATION OF BENEFITS

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.

MISCELLANEOUS PROVISIONS

Notice of decision

11 The department must provide written notice of the following decisions to a person:

1. the denial of the person's application for a benefit;
2. the calculation or recalculation of the benefit payable to the person;
3. 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

1. a false statement or misrepresentation made by the person; or
2. 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.

Transitional — no requirement to apply for benefit

14(1) A person who was receiving benefits under the Child Related Income Support Program Regulation as of January 1, 2008 is to receive benefits under this regulation without being required to apply for benefits under section 2.

Transitional — no reduction in benefits

14(2) If the benefit payable to a person under this regulation is less than the benefits the person was receiving under the Child Related Income Support Program Regulation, that person is to receive benefits at the higher rate that would have been payable under the Child Related Income Support Program Regulation until June 30, 2008.

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.

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