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NEWFOUNDLAND Child and Parental Benefits Regulations
Amended by: 2010 c37 s5 NEWFOUNDLAND Child and Parental Benefits Regulations
(Filed Under the authority of section 68 of the Income Tax Act, 2000, the Lieutenant-Governor in council makes the following regulations. Dated at Gary Norris REGULATIONS
PART I
PART II
PART III Short title 1. These regulations may be cited as the Child and Parental Benefits Regulations . Definition 2. In these regulations, "Act" means the Income Tax Act, 2000 . PART I Definition
3.
In this Part, "NLCB" means the Qualified dependent
4. A person who is a qualified dependent of an eligible individual on the first day of a month is a qualified dependent of that individual for that month. Child benefit calculation
5.
The amount of the Newfoundland and Labrador child benefit that applies for a qualified dependent of an eligible individual that is considered to have arisen during a month in relation to which the year is the base taxation year is the amount of NLCB, if it is positive, calculated according to the following formula: NLCB = 1/12[(A+B+C+D)-E] where
A = $
1,788 for the first qualified dependent;
B = $
1,896 for the second qualified dependent;
C = $
2,036 for the third qualified dependent;
D = $
2,188 times the number of qualified dependents in excess of 3; and
E = the
benefit reduction calculated under section 7. Child benefit payment for shared-custody parent 5.1 (1) Notwithstanding section 5, if an eligible individual is a shared-custody parent in respect of one or more qualified dependants at the beginning of a month, the overpayment considered by section 5 to have arisen during the month is equal to the amount determined by the formula 1/2 × (A + B) where A= the amount determined by the formula in section 5, calculated without reference to this section; and B= the amount determined by the formula in section 5, calculated without reference to this section and subparagraph (b )(ii) of the definition "eligible individual" in section 122.6 of the federal Act. (2) Subsection (1) applies for amounts that are considered to be paid during the months after June 2011. Nutritional supplement benefit
6. An eligible individual who receives on behalf of a qualified dependent the NLCB calculated in accordance with these regulations is entitled to receive, for the 59 month period effective the first of the month following the month during which birth occurred, a supplementary benefit of $150 a month. 43/09 s6; 31/21 s1; 25/22 s1; 9/24 s2 Nutritional supplement payment for shared-custody parent 6.1 (1) Notwithstanding section 6, if an eligible individual is a shared-custody parent in respect of one or more qualified dependants at the beginning of a month, the supplementary benefit provided by section 6 for a month is equal to the amount determined by the formula 1/2 × (A + B) where A = the amount provided by section 6, calculated without reference to this section, and B = the amount provided by section 6, calculated without reference to this section and subparagraph (b )(ii) of the definition "eligible individual" in section 122.6 of the federal Act. (2) Subsection (1) applies for amounts that are considered to be paid during the months after June 2011. Benefit reduction calculation 7. Where the adjusted income of an eligible individual for a base taxation year, in relation to a month (a) is less than or equal to $17,397, the benefit reduction "E" shall equal zero; and
(b)
is
greater than $17,397, the benefit reduction "E" shall be calculated by multiplying the difference between the adjusted income and $17,397 by
(i
)
16.10% where there is one qualified dependent,
(ii)
33.18% where there are 2 qualified dependents,
(iii)
51.51% where there are 3 qualified dependents, and
(iv)
the
total of 51.51%, and the product obtained by multiplying the number of qualified dependents in excess of 3 by 19.71%. Indexation
8. All amounts expressed in dollars in this Part, except in sections 6, 6.1 and 7, shall be indexed in accordance with subsection 6.1(2) of the Act and for that purpose "relevant section" in paragraph 6.1(3)(b) of the Act is considered to include these regulations. PART II Rep. by 48/16 s17 9. [Rep. by 48/16 s17] Rep. by 48/16 s17 10. [Rep. by 48/16 s17] Rep. by 48/16 s17 11. [Rep. by 48/16 s17] Rep. by 48/16 s17 12. [Rep. by 48/16 s17] Rep. by 48/16 s17 13. [Rep. by 48/16 s17] Rep. by 48/16 s17 14. [Rep. by 48/16 s17] Rep. by 48/16 s17 15. [Rep. by 48/16 s17] PART Repeal 16. The Child Benefit Regulations, 2007 , Newfoundland and Labrador Regulation 120/07, are repealed. Commencement and expiry 17. (1) Part I is considered to have come into force on July 1, 2007. (2) Part II is considered to have come into force on January 1, 2008. (3) Part II expires and is considered repealed on April 15, 2019. ©Queen's Printer |