Document name

Children and Other Dependants – Benefits

Document number

POL 30/2016

1. When a worker/parent is fatally injured, The Workers’ Compensation Act, 2013 authorizes the WCB to provide benefits to:
   1. Children who do not live with their parents (Sections 82, 84, 85, 90 and 93).
   2. Children from 18 to 25 years old that attend school (Section 83).
   3. Children with disabilities (Section 85).
   4. Other Dependants (Section 82, 86, 87 and 93).
2. Benefits payable under Sections 84 (benefits to adopting/foster parents or legal guardian) and 85 (benefits to a child) will not be paid concurrently.

Benefits for children

1. Benefits are not paid to children who live with the fatally injured worker’s spouse, where the spouse is deemed by the WCB to be a dependent spouse (refer to POL 24/2016, Dependent Spouses – Initial Entitlement and Re-Employment Assistance).
2. The WCB will pay a monthly allowance, adjusted annually by the percentage increase in the Consumer Price Index (CPI), to children who are not living with the worker at the time of death.
3. If the worker is survived by a child and there is no spouse or the spouse subsequently dies, the WCB will pay the child’s benefits to the adopting/foster parents or legal guardian until the end of the month in which the child reaches age 16, or age 18 if attending school full time. The WCB may, on a case by case basis, also provide an additional amount until the child reaches age 18.
4. The WCB will provide educational allowance to a dependent child if he or she is age 18 to 25 and attending school full time (POL 08/2016, Educational Allowances for Dependent Children).
5. If the WCB is made aware that the 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), the WCB may pay the children’s benefits to a person other than the spouse for the benefit of the children (e.g., caregiver):
   1. The WCB will deduct the amount payable for the children from the amount payable to the spouse.
   2. Generally, for children to be neglected/abandoned, the spouse would not be providing the children with the necessities of life, which could include, but may not be limited to, the following:
      1. Failure to provide clothing, food, shelter, medical attendance or education.
      2. Placing the children in dangerous or harmful circumstances, including exposing the children to a violent, abusive or sexually predatory person.
6. If the children's benefit is payable directly to a child, pursuant to this policy, the WCB will determine if the child was appointed a guardian or trustee:
   1. If there is a guardian or trustee, the WCB will contact that person regarding the payment of benefits.
   2. If there is no guardian or trustee, or there is some dispute as to who should receive the benefits, the WCB may seek assistance from the Office of the Public Guardian and Trustee.

Benefits for children with disabilities

7. If a child with a disability is physically or mentally restricted in their ability to earn a livelihood on the date of the worker’s death, the WCB will pay benefits to the child until he or she is no longer restricted by the disability.
8. If a child is not physically or mentally restricted by a disability on the date of the worker’s death, but becomes physically or mentally restricted before reaching age 18, the WCB will pay benefits to the child until he or she is no longer restricted by the disability.
9. The WCB will stop paying the child benefits if, after reaching age 18, he or she can:
   1. Maintain full time employment (i.e., 40 hours per week), and
   2. Earn minimum wage or more.
10. The WCB may also provide employment assistance, if required, to help the child reach a position of financial independence.

Benefits for other dependants

11. If there is a dependent spouse and one or more additional dependants of the worker and they do not live together as a family unit, the WCB may divide the spousal benefits among those dependants in any manner that it considers just and equitable.
12. The WCB may recognize persons other than a spouse or children as dependants of a deceased worker and may award a payment in recognition of their financial loss.
13. The WCB may pay other dependants for as long as, in the opinion of the WCB, it might have reasonably been expected that, had the worker lived, the worker would have continued to financially support the dependants.
14. The combination of all benefits for other dependants (not including retraining and counselling services, or benefits for children or children with disabilities) will:
    1. Be deducted from the amount payable to the spouse, or
    2. Not exceed the equivalent of full spousal benefits if there is no spouse.

Death of worker not due to a work injury

15. If the worker’s death is not due to a work injury and the worker was receiving benefits for:
    1. 24 consecutive months or less at the time of death, the WCB will pay benefits until the end of the month in which the three month anniversary of the worker’s date of death occurs to their.
       1. Children, or
       2. Other dependants if there is no spouse.
    2. More than 24 consecutive months at the time of death, the WCB will not provide benefits to the worker’s children or other dependants.