POL 18/2024, Children and Other Dependants – Benefits establishes guidelines for providing benefits to children and other dependants.
Document name
Children and Other Dependants – Benefits
Document number
PRO 18/2024
Effective date: October 1, 2024
Application: All new fatality claims on and after the effective date.
Policy subject: Fatalities - Dependants
Purpose:
To establish the process for providing benefits to children and other dependants.
BACKGROUND
PROCEDURE
Benefits for children
- The WCB will pay a monthly allowance to children who are not living with the worker at the time of death.
- Benefits are not paid to children who live with the worker’s spouse.
- Operations staff will reduce spousal benefits if the:
- WCB provides a child an additional amount until he or she reaches age 18.
- Spouse is neglecting or has abandoned any of the worker’s children (e.g., the Ministry of Social Services, Advocate for Children and Youth, or other source notifies the WCB), and the WCB pays the children’s benefits to a person other than the spouse for the benefit of the children (e.g., caregiver).
- The WCB will not investigate allegations of child neglect/abandonment. Rather, Operations staff will determine if a portion of the spousal benefits should be paid for children based on information provided by the Ministry of Social Services, Advocate for Children and Youth, or other sources.
- Operations staff will determine if a trustee or guardian should be contacted and consulted when establishing benefits payable to a child. WCB Legal Services may also be consulted.
Benefits for children with disabilities
- Annually, once a child with a disability reaches age 18, Operations staff will gather information regarding the medical restrictions associated with the child’s disability. Such information could include, but may not be limited to, the following:
- Medical reports.
- Information from care givers regarding the child’s situation.
- Employability assessment.
- If the child is no longer restricted by the disability (e.g., the child can maintain full time employment and earn minimum wage or more), Operations staff will send a letter to the child or child’s representative stating:
- The child is no longer eligible for WCB benefits.
- When WCB benefits will stop.
- Operations staff will determine if children with disabilities are eligible for employment assistance.
- If children with disabilities are eligible for employment assistance, Operations staff will develop an Individual Vocational Plan in accordance with POL 23/2016, Vocational Rehabilitation – Programs and Services.
Benefits for other dependants
- Operations staff will gather information to determine if other dependants (e.g., parents, grandparents) are eligible to receive benefits from the WCB. Such information could include, but may not be limited to, the following:
- Financial records.
- Support agreements/arrangements.
- Operations staff will reduce the amount payable to the spouse by the amount payable to the other dependants.
- The amount of benefits and method of payment by the WCB will reflect the financial support being provided by the worker to the other dependants at the time of the worker’s death.
Death of worker not due to a work injury
- If the worker’s death is not due to a work injury and the worker was receiving benefits for:
- 24 consecutive months or less at the time of death, Operations staff will ask the worker’s children or other dependants (only if there is no spouse) to choose between:
- Monthly payments, or
- A lump-sum payment for the three months of benefits payable.
- More than 24 consecutive months at the time of death, Operations staff will provide benefits to the children or other dependants (only if there is no spouse) on a monthly basis for the 12 months of benefits payable.
- 24 consecutive months or less at the time of death, Operations staff will ask the worker’s children or other dependants (only if there is no spouse) to choose between:
Annual Adjustments
- The WCB will adjust benefits annually by the percentage increase to the Consumer Price Index (CPI) as follows:
- January 1:
- Adopting/foster parents or legal guardians of dependent children.
- Anniversary date of the worker’s loss of earnings:
- Sole dependent children.
- Children with disabilities.
- Other dependants.
- January 1:
Policy references
Section heading
Legislative Authority
Legislative Authority
The Workers’ Compensation Act, 2013
Sections 2(1)(j), 2(1)(gg), 25, 55, 81, 82, 83, 84, 85, 86, 87, 88, 90, 93
Section heading
Document History
Document History
(1) October 1, 2024. Bill 138, The Workers’ Compensation (Extending Firefighter Cancer) Amendment Act, 2024, extends benefits if an injured parent had received benefits more than 24 consecutive months.
(2) POL and PRO 30/2016, Children and Other Dependants – Benefits (effective March 1, 2017 to September 30, 2024)
(3) PRO 03/2010 Dependent Spouses, Children with a Disability and Other Dependents of Fatally Injured Workers (effective April 1, 2010 to February 28, 2017).
Section heading
Complements
Complements
POL 18/2024 Children and Other Dependants – Benefits
POL 08/2016 Educational Allowances for Dependent Children
POL 03/2016 Temporary Foreign Workers
PRO 19/2023 Consumer Price Index (CPI) – Annual Increase
POL 23/2016 Vocational Rehabilitation – Programs and Services
POL 24/2016 Dependent Spouses – Initial Entitlement and Re- Employment Assistance
POL 04/2010 Attachment of Compensation
POL 02/2015 Compensation – Dependent Spouse After Initial Entitlement