Educational Allowances for Dependent Children
Effective date: June 1, 2016
All dependent children over age 18 on and after the effective date.
Policy subject: Fatalities - Dependants
To establish guidelines for educational allowances for dependent children.
Secondary institution, for the purpose of this policy, means high school.
Post-secondary institution means, as defined by Section 2(1)(ff) of The Workers’ Compensation Act, 2013 (the “Act”), “a regional college, institute, private vocational school, university and any other educational institution that is not administered pursuant to The Education Act, 1995.”
Full-time attendance means the dependent child is taking at least 60 per cent of a full-time instructional load for each semester (40 per cent for dependent children with permanent disabilities) or school term as directed by the educational institution at which the child is enrolled, unless otherwise specified.
- Section 83(1) of the Act directs that “subject to subsections (2) to (7), each dependent child of a deceased worker who is at least 18 years of age and in full-time attendance at a secondary or post-secondary institution is to be paid:
- a monthly allowance in an amount determined in accordance with subsections (4) and (5);
- in the case of attendance at a post-secondary institution, the cost of tuition and other required fees; and
- the cost of any required books.”
- Section 83(2) of the Act directs that “no amount is payable pursuant to subsection (1) after the later of:
- the day on which the dependent child attains the age of 25 years; and
- the last month in the school term in which the dependent child reaches the age of 25 years.”
- Section 83(3) of the Act directs that “the amounts described in subsection (1) are payable for a maximum of three years.”
- Section 83(4) of the Act provides that “subject to subsection (5), the amount of the monthly allowance mentioned in clause (1)(a) is $376.61 in 2013 adjusted annually by the percentage increase in the Consumer Price Index.”
- Section 83(6) of the Act directs that “if the board is paying an allowance pursuant to subsection (1), the board may increase the monthly allowance to an amount that it considers fair and just.”
- Section 83(7) directs that “notwithstanding subsection (1), if the amount of compensation currently payable pursuant to Section 85 with respect to any child to whom subsection (1) applies is greater than the amount payable pursuant to subsection (1), the board shall pay that greater amount.”
- In accordance with Section 83(1) of the Act, educational allowance is payable to dependent children of a deceased worker that are at least 18 years of age and are in full-time attendance at a secondary or post-secondary institution.
- Where the dependent child is in full-time attendance at a post-secondary institution, the Workers’ Compensation Board (WCB) will provide an amount equal to the cost of tuition, required books, and other required fees.
- Educational allowance is payable for a maximum of 36 cumulative months.
- Educational allowance is not payable after the child attains the age of 25. However, if the dependent child is attending school full-time when they attain age 25, the allowance will be extended, subject to Point 3 above, until the last month of the school semester or term.
- Where a dependent child attends a post-secondary institution outside Canada, and similar programs are available in Canada, WCB sponsorship will be limited to the average costs associated with the domestic programs.
- Where a dependent child attends a post-secondary institution outside Canada, and there is no comparable program available in Canada, the WCB may provide sponsorship, subject to the limits in Point 7 below.
- Where the desired educational program involves excessive costs, and the costs associated with the completion of such a program are seen to be significantly greater than the vast majority of other post-secondary educational programs (e.g., helicopter pilots licence), the WCB may deny or limit sponsorship of the program.