Canada Disability Benefit Regulations (SOR/2025-35)

AMENDMENTS NOT IN FORCE

• — SOR/2026-123, s. 1

  • 1 Section 1 of the Canada Disability Benefit RegulationsFootnote ¹ is amended by adding the following in alphabetical order:

    • Return to footnote ¹SOR/2025-35

    allocation

    allocation  means the benefit portion that consists of the payments that are to be made to a beneficiary as calculated in accordance with section 6. (allocation)

    DTC-eligible individual

    DTC-eligible individual  has the same meaning as in subsection 146.4(1) of the Income Tax Act. (particulier admissible au CIPH)

    supplemental amount

    supplemental amount  means the benefit portion the amount of which is set out in section 6.1. (somme supplémentaire)

• — SOR/2026-123, s. 2

  • • 2 (1) The portion of subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

      • Eligibility criteria for allocation

        • 2 (1) A person is eligible to receive an allocation for any month after May 2025 in which they meet the following criteria:

    • (2) Paragraph 2(1)(b) of the Regulations is replaced by the following:

      • (b) they are a DTC-eligible individual;

    • (3) Subsections 2(2) to (4) of the Regulations are replaced by the following:

      • Exception — 65 years of age

        (2) Despite paragraph (1)(a), a person is eligible to receive an allocation for the month in which they turn 65 years of age.

      • Exception — incarceration

        (3) Despite paragraph (1)(d), a person is eligible to receive an allocation for the first month in which they are incarcerated and for the month in which they are released.

      • Condition — cohabiting spouse or common-law partner

        (4) Despite subsections (1) to (3), a person is eligible to receive an allocation for any month in a payment period only if their cohabiting spouse or common-law partner has filed a return of income under the Income Tax Act for the last taxation year that ended before the beginning of that payment period.

    • (4) Subsection 2(6) of the Regulations is replaced by the following:

      • Exception — suspension of payments

        (6) Despite subsections (1) to (3), a person is ineligible to receive an allocation for any month during which payment of the allocation has been suspended under section 11.

• — SOR/2026-123, s. 3

  • 3 The Regulations are amended by adding the following after section 2:

    • Eligibility criteria for supplemental amount

      • 2.1 (1) A person is eligible to receive a supplemental amount for a certificate  referred to in paragraph 118.3(1)(a.2) or (a.3) of the Income Tax Act that they obtain if an allocation is paid to them after they obtain the certificate and, at the time of the payment, their status as a DTC-eligible individual is based on that certificate.

      • Clarification

        (2) A payment to which the person is not entitled is not to be considered for the purposes of subsection (1).

• — SOR/2026-123, s. 4

  • 4 Subsections 4(3) and (4) of the Regulations are replaced by the following:

    • Application before 18th birthday

      (3) An application that is received by the Minister within six months before the day on which the applicant turns 18 years of age is deemed to have been received on that day.

    • New application

      (4) If, for any given month, a beneficiary becomes ineligible to receive an allocation, the allocation ceases as of that month and they must make a new application for benefits to receive the allocation again.

• — SOR/2026-123, s. 5

  • • 5 (1) The portion of subsection 6(1) of the Regulations before the formula is replaced by the following:

      • Basic amount

        • 6 (1) The amount (referred to in these Regulations as the “basic amount”) that is payable to a beneficiary for any month for which they are eligible to receive an allocation in a payment period is the amount — rounded to the nearest cent or, if the amount is equidistant from two cents, to the higher of them — determined by the formula

    • (2) The description of B in subsection 6(1) of the Regulations is replaced by the following:

      B

      is the reduction based on income, calculated in accordance with whichever of subsections (2) to (4) applies to the beneficiary, taking into account subsection (4.1) if applicable, on the last day of the month that precedes the applicable month.

    • (3) Section 6 of the Regulations is amended by adding the following after subsection (4):

      • Reduction — waiver

        (4.1) If the Minister waives the condition set out in subsection 2(4), the reduction based on income is calculated in accordance with subsection (2) as if the beneficiary does not have a cohabiting spouse or common-law partner.

    • (4) The definition adjusted income in subsection 6(7) of the Regulations is replaced by the following:

      adjusted income

      adjusted income has the same meaning as in section 122.6 of the Income Tax Act. (revenu modifié)

• — SOR/2026-123, s. 6

  • 6 The Regulations are amended by adding the following after section 6:

    • Supplemental amount

      6.1 The supplemental amount is $150.

• — SOR/2026-123, s. 7

  • 7 Sections 7 to 9 of the Regulations are replaced by the following:

    • When allocation begins

      7 The month following the month in which a beneficiary’s application is approved under section 5 is the first month with respect to which they are entitled to an allocation.

    • Monthly payments

      • 8 (1) Subject to subsection (2), an allocation is payable each month during the payment period.

      • Payment of twenty dollars or less

        (2) If, for a payment period, the allocation payable to a beneficiary in a month is twenty dollars or less, their entire allocation for the period, being an amount equal to the basic amount multiplied by the number of months remaining in that period, is payable as a lump sum on the day on which the first payment of an allocation would have been made.

    • First payment of allocation

      9 The first payment of an allocation that is payable to a beneficiary must be an amount equal to the sum of the payments, as calculated in accordance with section 6, to be made to the beneficiary for the period beginning with the month following the month in which their application is approved under section 5 and ending with the month in which the first payment is made.

    • Supplemental amount

      9.1 The supplemental amount is paid as a lump sum.

• — SOR/2026-123, s. 8

  • • 8 (1) Subsection 10(1) of the Regulations is replaced by the following:

      • Potential ineligibility

        • 10 (1) If the Minister has reasonable grounds to believe that a beneficiary does not meet the eligibility criteria set out in section 2 or that an inquiry with respect to their eligibility is necessary, the Minister may suspend payment of the allocation to the beneficiary until the Minister is satisfied that they are eligible.

    • (2) Subsection 10(3) of the Regulations is replaced by the following:

      • Resumption of payment

        (3) If a suspension is lifted, the Minister must resume payment of the allocation and make a lump sum payment that is equal to the sum of the payments, as calculated in accordance with section 6, that the beneficiary was entitled to receive during the period of the suspension.

• — SOR/2026-123, s. 9

  • • 9 (1) Subsection 11(1) of the Regulations is replaced by the following:

      • Request for suspension

        • 11 (1) A beneficiary may request in writing that the Minister suspend payment of their allocation.

    • (2) The portion of subsection 11(2) of the Regulations before paragraph (a) is replaced by the following:

      • Suspension of payments

        (2) The payment of an allocation is suspended on the later of

    • (3) Subsections 11(3) and (4) of the Regulations are replaced by the following:

      • Request for resumption

        (3) The beneficiary may request in writing that the Minister resume payment of their allocation within 24 months after the date of suspension. If no request to resume payment is received within that period, the allocation is deemed to have ceased and they must make a new application for benefits to receive the allocation again.

      • Eligibility

        (4) On receipt of a request to resume payments, the Minister must resume payment of the allocation if the Minister is satisfied that the person meets the eligibility criteria set out in section 2.

    • (4) The portion of subsection 11(5) of the Regulations before paragraph (a) is replaced by the following:

      • Resumption of payments

        (5) The Minister must resume payment of the allocation on the later of

• — SOR/2026-123, s. 10

  • 10 Subsection 13(1) of the Regulations is replaced by the following:

    • Payment to estate, succession or heirs

      • 13 (1) If a beneficiary dies, the beneficiary’s estate or succession or the beneficiary’s heirs are eligible to receive an allocation payment for the month in which the beneficiary died if the beneficiary did not receive the allocation payment for that month.

• — SOR/2026-123, s. 11

  • 11 Subsection 35(3) of the Regulations is replaced by the following:

    • Amount of penalty

      (3) The penalty that the Minister may issue is

      • (a) for a first violation, 15% of the amount calculated by multiplying by 12 the basic amount payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income; and

      • (b) for each subsequent violation, 50% of the amount calculated by multiplying by 12 the basic amount payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income.

• — SOR/2026-123, s. 12

  • 12 Subsection 37(4) of the Regulations is replaced by the following:

    • No interest

      (4) No interest is payable on any amount owing to His Majesty in right of Canada under the Act or these Regulations that results from an erroneous payment or overpayment.

    • Exception

      (5) In the case of an amount owing to His Majesty in right of Canada that results from a payment that was made as a result of a violation for which a penalty was imposed under section 35 or as a result of an offence under subsection 36(1) for which a fine or a term of imprisonment was imposed under the Criminal Code, subsection (4) applies only during any period in which

      • (a) a request for reconsideration, application for judicial review or appeal can be made with respect to the violation or offence; or

      • (b) the reconsideration, judicial review or appeal is pending.

• — SOR/2026-123, s. 13

  • 13 Section 38 of the Regulations is renumbered as subsection 38(1) and is amended by adding the following:

    • No interest

      (2) Interest on the debt does not accrue during any period in which

      • (a) a request for reconsideration, application for judicial review or appeal can be made with respect to the decision to impose a penalty or the decision as to the amount of the penalty; or

      • (b) the reconsideration, judicial review or appeal is pending.

• — SOR/2026-123, s. 14

  • Benefit deemed to be allocation

    14 For the purposes of subsection 2.1(1) of the Canada Disability Benefit Regulations, any benefit, as defined in section 1 of those Regulations, that was paid to a person before the day on which this section comes into force is deemed to be an allocation, as defined in that section 1, that was paid to that person.