11.02.02 – NCBS rights and recourse – Conditional assistance

The adjustment under the “NCBS destitution clause” is granted to a family with a minor child while it waits for a payment from Canada Customs and Revenue Agency of the National Child Benefit Supplement to which the family is entitled. The supplement is paid under the Canada Child Tax Benefit (CCTB).

 

An eligible family that is not receiving the NCBS, even though it is entitled, must apply to Canada Customs and Revenue Agency for it. It must file a CCTB application, and Canada Customs and Revenue Canada will automatically calculate the NCBS to which the family is entitled.

 

In the case of a shared custody at 50%, the beneficiary who is not receiving the NCBS must file an application for the benefit since the ARC rotates payment every six months.

 

Adjustments for children under 18, under the destitution clause, are paid as conditional assistance subject to a right being realized or as a supplement, when a family does not receive the full amounts of the NCBS. The amount received form the CCRA is deducted from the allowance increase the family is entitled to. If the result is positive, this amount shall be paid as a supplement.

 

COMMITMENT TO EXERCISE RECOURSE

 

When a recipient initially makes a verbal commitment to exercise his or her rights, the recipient is DEEMED to have taken the necessary steps and fulfilled his or her obligations for a MAXIMUM of 4 MONTHS (from the date the officer informed the recipient). The recipient is then eligible, on a conditional basis, to the adjustment under the “NCBS destitution clause”.

 

In this case, the officer informs the recipient of the importance of immediately applying for the CCTB to which he or she may be entitled and of the consequences of delaying taking the necessary action without a valid reason.

 

Beneficiaries who, after 4 months, have not fulfilled their commitment without a valid reason and HAVE NOT TAKEN THE NECESSARY ACTION to exercise their right, are considered to be receiving the NCBS, which will reduce to zero the adjustment payable under the “NCBS destitution clause”.  This continues until a recipient exercises his or her right.

 

RECOURSE EXERCISED

 

When a recipient exercises his or her right and applies for the CCTB to which he or she may be entitled, the recipient is considered to be waiting for the realization of a right. Until Canada Customs and Revenue Agency makes a DECISION and the right is REALIZED, the recipient receives the NCBS destitution clause adjustment as conditional assistance up to the amount of the right realized.

 

REFUSAL TO EXERCISE RECOURSE

                                                                    

A recipient who REFUSES to exercise a right is considered to be receiving the NCBS, which reduces to zero the adjustment payable under the “NCBS destitution clause”. This continues until the recipient exercises his or her right.

 

At the moment of the annual exchange, the process of conditional assistance is not resumed as long as the person has not undertaken the DÉMARCHES to exercise its rights.