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

NEWFOUNDLAND AND LABRADOR REGULATION 43/09 Child and Parental Benefits Regulations under the Income Tax Act, 2000 (O.C. 2009-160) Amended by: 2010 c37 s5 60/11 2013 cA-3.1 s90 48/16 31/21 25/22 9/24 16/26 NEWFOUNDLAND AND LABRADOR REGULATION 43/09 Child and Parental Benefits Regulations under the Income Tax Act, 2000 (O.C. 2009-160) (Filed May 26, 2009 ) Under the authority of section 68 of the Income Tax Act, 2000, the Lieutenant-Governor in council makes the following regulations. Dated at St. John’s , May 13, 2009 . Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definition PART I NEWFOUNDLAND AND LABRADOR CHILD BENEFIT 3. Definition 4. Qualified dependent 5. Child benefit calculation 5.1 Child benefit payment for shared-custody parent 6. Nutritional supplement benefit 6.1 Nutritional supplement payment for shared-custody parent 7. Benefit reduction calculation 8. Indexation PART II PARENTAL BENEFITS [Rep. by 48/16 s17] 9. Rep. by 48/16 s17 10. Rep. by 48/16 s17 11. Rep. by 48/16 s17 12. Rep. by 48/16 s17 13. Rep. by 48/16 s17 14. Rep. by 48/16 s17 15. Rep. by 48/16 s17 PART III REPEAL AND COMMENCEMENT 16. Repeal 17. Commencement and expiry Short title 1. These regulations may be cited as the Child and Parental Benefits Regulations . 43/09 s1 Back to Top Definition 2. In these regulations, "Act" means the Income Tax Act, 2000 . 43/09 s2 PART I NEWFOUNDLAND AND LABRADOR CHILD BENEFIT Back to Top 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 Back to Top 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 Back to Top 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. 43/09 s5 ; 9/24 s1 Back to Top 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 Back to Top 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 Back to Top 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 Back to Top 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 $20,397, the benefit reduction "E" shall equal zero; and (b) is greater than $20,397, the benefit reduction "E" shall be calculated by multiplying the difference between the adjusted income and $20,397 by (i) 10.61 % where there is one qualified dependent, (ii) 21.86 % where there are 2 qualified dependents, (iii) 33.94% where there are 3 qualified dependents, and (iv) the total of 33.94%, and the product obtained by multiplying the number of qualified dependents in excess of 3 by 12.98%. 60/11 s1 ; 9/24 s3l 16/26 s1 Back to Top Indexation 8. (1) 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. (2) Notwithstanding subsection (1), for the 2023 base taxation year, (a) subparagraph 6.1(2)(b)(ii) of the Act shall be calculated using the following formula: (A/B - 1) x 0.5 where A is the consumer price index for the 12 month period ending September 30, 2023, and B is the consumer price index for the 12 month period preceding the period referred to in the description of A; and (b) paragraph 6.1(2)(a) of the Act shall be read as "the amount that would be used under the relevant section as of January 1, 2024". (3) Notwithstanding section 6.1 of the Act, the amounts referred to in section 5 shall not be adjusted before July 1, 2024. 43/09 s8 ; 25/22 s2 ; 9/24 s4 PART II PARENTAL BENEFITS [Rep. by 48/16 s17] Back to Top Rep. by 48/16 s17 9. [Rep. by 48/16 s17] 48/16 s17 Back to Top Rep. by 48/16 s17 10. [Rep. by 48/16 s17] 48/16 s17 Back to Top Rep. by 48/16 s17 11. [Rep. by 48/16 s17] 48/16 s17 Back to Top Rep. by 48/16 s17 12. [Rep. by 48/16 s17] 48/16 s17 Back to Top Rep. by 48/16 s17 13. [Rep. by 48/16 s17] 48/16 s17 Back to Top Rep. by 48/16 s17 14. [Rep. by 48/16 s17] 48/16 s17 Back to Top Rep. by 48/16 s17 15. [Rep. by 48/16 s17] 48/16 s17 PART III REPEAL AND COMMENCEMENT Back to Top Repeal 16. The Child Benefit Regulations, 2007 , Newfoundland and Labrador Regulation 120/07, are repealed. 43/09 s16 Back to Top 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. 48/16 s3