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WHAT CAN GO WRONG WITHOUT A HENSON TRUST?By John Dowson, Special Needs Planner since 1989 www.LifetrustPlanning.ca   lif...
06/20/2025

WHAT CAN GO WRONG WITHOUT A HENSON TRUST?
By John Dowson, Special Needs Planner since 1989
www.LifetrustPlanning.ca lifetrust@rogers.com | 905-836-5460
Kira Domratchev, a partner at the law firm Gowling WLG (Canada) LLP, recently highlighted an important court case on LinkedIn that demonstrates the serious consequences of not including a Henson Trust in an estate plan.

In this case before the British Columbia Supreme Court, Kathryn Elizabeth Damgaard—a person with a disability receiving BC Disability Assistance—challenged her late mother’s will. Ms. Damgaard argued that by failing to place her inheritance into a Henson Trust, her mother’s will did not make “adequate provision” for her future needs. Without a Henson Trust, Ms. Damgaard's inheritance would push her over the asset limit for provincial disability benefits—potentially costing her subsidized housing, monthly income, and health and dental coverage.

She relied on the Wills, Estates and Succession Act (WESA), which allows the court to adjust a will if it does not make proper provision for a dependent. While the court acknowledged it had the authority to intervene, it ultimately dismissed the application, stating that:

- Ms. Damgaard was not disinherited.
- Her inheritance exceeded her foreseeable needs.
- She would not lose her housing, although she would need to pay a market rent.

Could This Have Been Avoided?

Absolutely.
This situation could have been avoided entirely if Ms. Damgaard’s mother had created a Living Henson Trust while she was alive and directed her daughter’s inheritance into that trust through a simple clause in her will.

With a Living Henson Trust:
- The trust is not subject to probate.
- It is not counted as part of the estate.
- The mother could have acted as the original trustee, with her children named as successor trustees. - Everyone would have known their roles and responsibilities while she was still alive.

Most importantly, Ms. Damgaard would have retained full access to her disability benefits—without risk of losing housing or support services.

But her mother was no longer here to see the consequences. She had passed away. The question remains: What’s going to happen to your child after you’re gone?
You’ll never know—unless you act now. www.lifetrustplanning.ca
Don’t let this happen to your child. Start your special needs planning today.

Special Needs planning for child with a disability is more than just preparing a legal document and leaving your child some money. It’s similar to the planning a young family with a child would do when they are preparing for a night out. They’d find someone they could trust to look after their c...

WHAT CAN GO WRONG WITHOUT A HENSON TRUST?By John Dowson, Special Needs Planner since 1989 www.LifetrustPlanning.ca   lif...
06/20/2025

WHAT CAN GO WRONG WITHOUT A HENSON TRUST?
By John Dowson, Special Needs Planner since 1989
www.LifetrustPlanning.ca lifetrust@rogers.com | 905-836-5460
Kira Domratchev, a partner at the law firm Gowling WLG (Canada) LLP, recently highlighted an important court case on LinkedIn that demonstrates the serious consequences of not including a Henson Trust in an estate plan.

In this case before the British Columbia Supreme Court, Kathryn Elizabeth Damgaard—a person with a disability receiving BC Disability Assistance—challenged her late mother’s will. Ms. Damgaard argued that by failing to place her inheritance into a Henson Trust, her mother’s will did not make “adequate provision” for her future needs. Without a Henson Trust, Ms. Damgaard's inheritance would push her over the asset limit for provincial disability benefits—potentially costing her subsidized housing, monthly income, and health and dental coverage.

She relied on the Wills, Estates and Succession Act (WESA), which allows the court to adjust a will if it does not make proper provision for a dependent. While the court acknowledged it had the authority to intervene, it ultimately dismissed the application, stating that:

- Ms. Damgaard was not disinherited.
- Her inheritance exceeded her foreseeable needs.
- She would not lose her housing, although she would need to pay a market rent.

Could This Have Been Avoided?

Absolutely.
This situation could have been avoided entirely if Ms. Damgaard’s mother had created a Living Henson Trust while she was alive and directed her daughter’s inheritance into that trust through a simple clause in her will.

With a Living Henson Trust:
- The trust is not subject to probate.
- It is not counted as part of the estate.
- The mother could have acted as the original trustee, with her children named as successor trustees. - Everyone would have known their roles and responsibilities while she was still alive.

Most importantly, Ms. Damgaard would have retained full access to her disability benefits—without risk of losing housing or support services.

But her mother was no longer here to see the consequences. She had passed away. The question remains: What’s going to happen to your child after you’re gone?
You’ll never know—unless you act now. www.lifetrustplanning.ca
Don’t let this happen to your child. Start your special needs planning today.

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Special Needs planning for child with a disability is more than just preparing a legal document and leaving your child some money. It’s similar to the planning a young family with a child would do when they are preparing for a night out. They’d find someone they could trust to look after their c...

This little bush has flowered the first time in 20 years when I planted it Ive forgotten the name of the bush
06/20/2025

This little bush has flowered the first time in 20 years when I planted it Ive forgotten the name of the bush

06/16/2025

Oh Dear Lord. I have never seen anything backfire so spectacularly as Trumps birthday parade. Troops walking by haphazardly, tanks squeaking loudly, empty seats, sparse crowd who had no view of the parade because there were no risers. And the cherry on top, a miserably faced Trump falling asleep, Rubio yawning looking bored as hell. What’s the bet Kim And Xi were rolling about laughing. And if anyone saw the trooping of the colours in uk, they would see how it’s done.

06/09/2025

CANADA DISABILITY BENEFIT
The Canadian Government will roll out the long-awaited Canada Disability Benefit $200 a month or $2,400 a year. However, the Alberta Government support program will claw back the Canada Disability Benefit (CDB) dollar for dollar for recipients who also receive provincial income support. This means that recipients who receive the Alberta disability benefit will not receive the full $200 monthly CDB, the province will reduce their disability payments by the same amount. This decision has faced criticism for undermining the federal government's intention to help lift people with disabilities out of poverty.

06/09/2025

CANADA DISABILITY BENEFIT AND THE ALBERTA GOVERNMENT
The Canadian Government will roll out the long-awaited Canada Disability Benefit $200 a month or $2,400 a year. However, the Alberta Government support program will claw back the Canada Disability Benefit (CDB) dollar for dollar for recipients who also receive provincial income support. This means that recipients who receive the Alberta disability benefit will not receive the full $200 monthly CDB, the province will reduce their disability payments by the same amount. This decision has faced criticism for undermining the federal government's intention to help lift people with disabilities out of poverty.

CANADA DISABILITY BENEFIT After much anticipation the Canada Disability Benefit will be rolled out this July. The monthl...
06/09/2025

CANADA DISABILITY BENEFIT
After much anticipation the Canada Disability Benefit will be rolled out this July. The monthly benefit up to $200 a month or $2,400 a year is expected to provide financial support to Canadians with a Disability. All provinces except Alberta have agreed not to deduct the benefit from their disability benefits.
To receive the CDB you must be between age 18 and 64, have filed an income tax return and approved for the Disability Tax Credit. To find out if you are eligible for DTC go to www.benefits2.ca and see if you qualify.

Effortlessly Prepare Your Disability Tax Credit Application With the Support Level You Choose

05/22/2025

Donald Trumps the art of the deal.

We got a quote for a new gas furnace. The unit is manufactured in the United States of America and has to come across that imaginary line into Canada. The Newmarket company in Ontario Canada that installs gas Furnaces and central air conditioning units they have added Trumps 25% tariff ($480 Canadian) to the quoted price of the unit. To add insult to this our Provincial and Federal Canadian governments add 13% HST on the tariff another $62.40 HST on top of the Tariff fee.

I would have expected Doug Ford the Ontario Premier and Mark Carney the Federal Prime Minister would not charge HST tax on the Donald J Trump's tariff fee. We are doubled taxed Tax on tax on Tax are they doing that in the US on items manufactured in Canada? Watch out for this its double dipping tax dollars We should be allowed to deduct he HST on the tariff fee

05/20/2025

Time is Running out to Fix Canada’s New Disability Benefit

Shutterstock By Asif Khan May 19, 2025

The much-anticipated Canada Disability Benefit (CDB) is set to roll out with first payments in July 2025. For Canadians with disabilities and their advocates, the path to CDB has been a long and hard-fought one. Yet with the rollout nearing, victory still feels far away.

While the CDB has been promoted by the federal government as a major move forward in supporting people with disabilities who live in poverty, the interactions among federal and provincial benefits, social assistance policy, tax law, and income treatment require complicated navigation that most people do not have the time or ability to steer through.

The CDB has been capped at a monthly $200 maximum per individual, which has sparked justified outrage. Originally touted as a means to bridge “the gap between the poverty line and what people receive in their respective provinces,” the CDB falls catastrophically short. The regulations show it will lift only 20,000 recipients—just 2% of the 917,000 working-age Canadians with disabilities in poverty—above the poverty line in the first year, and only 25,000 by year ten. This is not the meaningful support that people with disabilities have fought for.

The benefit amount is not the only problematic aspect of the CDB. Access is another major hurdle. Under the current regulations, the Canada Disability Benefit (CDB) relies entirely on the Disability Tax Credit (DTC) as its sole eligibility gateway, locking out many of those who need it most. The DTC’s restrictive definition of disability does not align with the broader, more inclusive criteria set out in the Canada Disability Benefit Act. Since the DTC is a non-refundable tax credit, low-income people with disabilities see no point in applying because they owe little to no income tax. Compounding this design flaw, the Canada Revenue Agency’s complex eligibility and dispute process renders the DTC an inaccessible and overly restrictive gatekeeper for CDB access.

The CDB’s punitive income treatment has been another major source of concern. Currently, the CDB is classified as social assistance under the Income Tax Act and included in net income for tax purposes. While not taxable specifically, this inclusion means the CDB will increase an individual or family’s total income for tax filing purposes, resulting in a decrease in other income-tested benefits, such as the Canada Child Benefit, Canada Workers Benefit, GST Credit, and numerous other provincially administered benefits.

Moreover, the CDB regulations count provincial or territorial social assistance, such as the Ontario Disability Support Program (ODSP), as income when determining eligibility for the CDB. Applying the CDB’s income thresholds ($23,000 for singles, $32,500 for couples) to those receiving last-resort assistance creates unnecessary barriers for the most vulnerable CDB applicants.

Worse still, for Ontarians with disabilities living in poverty, the provincial government has remained non-committal on whether social assistance recipients will get to count the CDB as a top-up to their other income support.

The Curious Case of Ontario

While most provinces, including larger ones such as British Columbia and Quebec, have pledged not to claw back the CDB from provincial social assistance income, Ontario has stayed troublingly silent.

Since they have not made a clear statement or commitment that the CDB is going to be exempt from being counted as income, the provincial government has created major worry and concern for people with disabilities living on social assistance in Ontario, who already live on incomes between 40%-60% below the poverty line.

Ontario’s social assistance schemes claw back some types of benefit income from other government sources by decreasing a person’s social assistance benefits dollar for dollar. If the provincial government decides to count the CDB as part of a recipient’s income, it will reduce their social assistance benefit amount. This is a cynical, one-step forward, two-steps back move, which would allow the province to use the CDB as a cost-mitigation opportunity. Balancing the budget on the backs of the most vulnerable in the province is unacceptable and will do nothing to reduce disability poverty in Ontario.

This policy direction is not inevitable. There is an administratively feasible and cost-neutral way of exempting the CDB from the income calculation in Ontario’s social assistance legislation. Following the treatment of the Canada Child Benefit, the provincial government could add the CDB as an exemption in the statute’s regulations, at no cost to the government, to prevent clawbacks.

The CDB is Flawed, but Fixes Exist

In addition to addressing Ontario’s policy inaction on the CDB, there are other practical, feasible solutions that the federal government could undertake.

To address its exclusionary eligibility criteria, the federal government could expand CDB access by incorporating the Canada Pension Plan disability benefits (CPP-D) as an alternative pathway. Like the DTC, CPP-D uses a tiered definition of severe and prolonged disability and a similar determination process, and its inclusion would broaden eligibility without compromising integrity.

The federal government can also amend the Income Tax Act, as it proposed in the 2024 Fall Economic Statement, to exempt the CDB from being treated as income. The government could then take this amendment one step further and exempt provincial/territorial social assistance from the CDB’s income threshold. With a new federal government and Parliament’s recall approaching, now is the time to act.

Disability communities have repeatedly and clearly presented their recommendations for improving the CDB at every opportunity but have been largely ignored. Formal consultation engagement has been immense: The government itself reported receiving nearly 3000 comments from nearly 1000 individuals and organizations on the proposed CDB regulations that would address many of these previously identified flaws. Yet, despite this outpouring of input, the final regulations made no meaningful changes to core concerns such as benefit amounts and eligibility, which has left communities largely frustrated.

However, the final CDB regulations did include the important addition of an accessible reconsideration and appeal process. Ontario community legal clinics who support individuals with disabilities living in poverty advocated for this change. The amended regulations now allow individuals to appeal overpayment decisions to the Social Security Tribunal. This expansion promotes fairness, accountability, and better outcomes for people with disabilities. In a process where progress has been scarce, this is a meaningful step worth recognizing. It provides hope that more positive regulatory change may occur in the future.

Improving the CDB isn’t just a good poverty reduction policy – it’s honouring a commitment made to nearly a million Canadians with disabilities who have waited too long for essential income support. It should not be this difficult to obtain.

Solutions are not lacking. What’s missing is a recognition that delivery on promises is about more than just implementation.

Asif Khan is the Research and Policy Analyst for the Income Security Advocacy Centre (ISAC).

© 2025 Policy Magazine. All rights reserved

05/20/2025

Time is Running out to Fix Canada’s New Disability Benefit

Shutterstock By Asif Khan May 19, 2025

The much-anticipated Canada Disability Benefit (CDB) is set to roll out with first payments in July 2025. For Canadians with disabilities and their advocates, the path to CDB has been a long and hard-fought one. Yet with the rollout nearing, victory still feels far away.

While the CDB has been promoted by the federal government as a major move forward in supporting people with disabilities who live in poverty, the interactions among federal and provincial benefits, social assistance policy, tax law, and income treatment require complicated navigation that most people do not have the time or ability to steer through.

The CDB has been capped at a monthly $200 maximum per individual, which has sparked justified outrage. Originally touted as a means to bridge “the gap between the poverty line and what people receive in their respective provinces,” the CDB falls catastrophically short. The regulations show it will lift only 20,000 recipients—just 2% of the 917,000 working-age Canadians with disabilities in poverty—above the poverty line in the first year, and only 25,000 by year ten. This is not the meaningful support that people with disabilities have fought for.

The benefit amount is not the only problematic aspect of the CDB. Access is another major hurdle. Under the current regulations, the Canada Disability Benefit (CDB) relies entirely on the Disability Tax Credit (DTC) as its sole eligibility gateway, locking out many of those who need it most. The DTC’s restrictive definition of disability does not align with the broader, more inclusive criteria set out in the Canada Disability Benefit Act. Since the DTC is a non-refundable tax credit, low-income people with disabilities see no point in applying because they owe little to no income tax. Compounding this design flaw, the Canada Revenue Agency’s complex eligibility and dispute process renders the DTC an inaccessible and overly restrictive gatekeeper for CDB access.

The CDB’s punitive income treatment has been another major source of concern. Currently, the CDB is classified as social assistance under the Income Tax Act and included in net income for tax purposes. While not taxable specifically, this inclusion means the CDB will increase an individual or family’s total income for tax filing purposes, resulting in a decrease in other income-tested benefits, such as the Canada Child Benefit, Canada Workers Benefit, GST Credit, and numerous other provincially administered benefits.

Moreover, the CDB regulations count provincial or territorial social assistance, such as the Ontario Disability Support Program (ODSP), as income when determining eligibility for the CDB. Applying the CDB’s income thresholds ($23,000 for singles, $32,500 for couples) to those receiving last-resort assistance creates unnecessary barriers for the most vulnerable CDB applicants.

Worse still, for Ontarians with disabilities living in poverty, the provincial government has remained non-committal on whether social assistance recipients will get to count the CDB as a top-up to their other income support.

The Curious Case of Ontario

While most provinces, including larger ones such as British Columbia and Quebec, have pledged not to claw back the CDB from provincial social assistance income, Ontario has stayed troublingly silent.

Since they have not made a clear statement or commitment that the CDB is going to be exempt from being counted as income, the provincial government has created major worry and concern for people with disabilities living on social assistance in Ontario, who already live on incomes between 40%-60% below the poverty line.

Ontario’s social assistance schemes claw back some types of benefit income from other government sources by decreasing a person’s social assistance benefits dollar for dollar. If the provincial government decides to count the CDB as part of a recipient’s income, it will reduce their social assistance benefit amount. This is a cynical, one-step forward, two-steps back move, which would allow the province to use the CDB as a cost-mitigation opportunity. Balancing the budget on the backs of the most vulnerable in the province is unacceptable and will do nothing to reduce disability poverty in Ontario.

This policy direction is not inevitable. There is an administratively feasible and cost-neutral way of exempting the CDB from the income calculation in Ontario’s social assistance legislation. Following the treatment of the Canada Child Benefit, the provincial government could add the CDB as an exemption in the statute’s regulations, at no cost to the government, to prevent clawbacks.

The CDB is Flawed, but Fixes Exist

In addition to addressing Ontario’s policy inaction on the CDB, there are other practical, feasible solutions that the federal government could undertake.

To address its exclusionary eligibility criteria, the federal government could expand CDB access by incorporating the Canada Pension Plan disability benefits (CPP-D) as an alternative pathway. Like the DTC, CPP-D uses a tiered definition of severe and prolonged disability and a similar determination process, and its inclusion would broaden eligibility without compromising integrity.

The federal government can also amend the Income Tax Act, as it proposed in the 2024 Fall Economic Statement, to exempt the CDB from being treated as income. The government could then take this amendment one step further and exempt provincial/territorial social assistance from the CDB’s income threshold. With a new federal government and Parliament’s recall approaching, now is the time to act.

Disability communities have repeatedly and clearly presented their recommendations for improving the CDB at every opportunity but have been largely ignored. Formal consultation engagement has been immense: The government itself reported receiving nearly 3000 comments from nearly 1000 individuals and organizations on the proposed CDB regulations that would address many of these previously identified flaws. Yet, despite this outpouring of input, the final regulations made no meaningful changes to core concerns such as benefit amounts and eligibility, which has left communities largely frustrated.

However, the final CDB regulations did include the important addition of an accessible reconsideration and appeal process. Ontario community legal clinics who support individuals with disabilities living in poverty advocated for this change. The amended regulations now allow individuals to appeal overpayment decisions to the Social Security Tribunal. This expansion promotes fairness, accountability, and better outcomes for people with disabilities. In a process where progress has been scarce, this is a meaningful step worth recognizing. It provides hope that more positive regulatory change may occur in the future.

Improving the CDB isn’t just a good poverty reduction policy – it’s honouring a commitment made to nearly a million Canadians with disabilities who have waited too long for essential income support. It should not be this difficult to obtain.

Solutions are not lacking. What’s missing is a recognition that delivery on promises is about more than just implementation.

Asif Khan is the Research and Policy Analyst for the Income Security Advocacy Centre (ISAC).

© 2025 Policy Magazine. All rights reserved

11/10/2024

Did you know the the Ontario teachers pension plan and the Ontario municipal employees retirement system and some other pension plans have a disabled survivors benefit the will pay a portion of the pension to their child with a disability on the death of the last survivor?
The Canadian Union of Public Employees CUPE does not have a disabled survivor benefit in their pension plan
It’s shameful that this union doesn’t have a disabled survivor benefit in their pension plan
It’s high time they introduced one. If you are a member impress the executive in the need of this

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