NLR 43/09 - Child and Parental Benefits Regulations under the Income Tax Act, 2000 - Point in Time

Short title

1. These regulations may be cited as the Child and Parental Benefits Regulations .

43/09 s1

Definition

2. In these regulations, "Act" means the Income Tax Act, 2000 .

43/09 s2

PART I
NEWFOUNDLAND AND LABRADOR CHILD BENEFIT

Definition

3. In this Part, "NLCB" means the Newfoundland and Labrador child benefit defined in paragraph 38(1)(b) of the Act.

43/09 s3

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.

43/09 s4

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 = $322 for the first qualified dependent

B = $342 for the second qualified dependent

C = $367 for the third qualified dependent

D = $394 times the number of qualified dependents in excess of 3; and

E = the benefit reduction calculated under section 7

43/09 s5

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.

2010 c37 s5

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 11 month period effective the first of the month following the month during which birth occurred, a supplementary benefit of $60 a month.

43/09 s6

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.

2010 c37 s5

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) 5.07% where there is one qualified dependent,

(ii) 10.45% where there are 2 qualified dependents,

(iii) 16.22% where there are 3 qualified dependents, and

(iv) the total of 16.22%, and the product obtained by multiplying the number of qualified dependents in excess of 3 by 6.19%.

60/11 s1

Indexation

8. All amounts expressed in dollars in this Part, except in section 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.

43/09 s8

PART II
PARENTAL BENEFITS
[Rep. by 48/16 s17]

Rep. by 48/16 s17

9. [Rep. by 48/16 s17]

48/16 s17

Rep. by 48/16 s17

10. [Rep. by 48/16 s17]

48/16 s17

Rep. by 48/16 s17

11. [Rep. by 48/16 s17]

48/16 s17

Rep. by 48/16 s17