Document name
Children and Other Dependants – Benefits
Document number
PRO 30/2016

Effective date: March 1, 2017

Last updated: December 20, 2016

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

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Section detail

POL 30/2016, Children and Other Dependants – Benefits establishes guidelines for providing benefits to children and other dependants.

PROCEDURE

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Section detail

Benefits for children

  1. The WCB will pay a monthly allowance to children who are not living with the worker at the time of death.
  2. Benefits are not paid to children who live with the worker’s spouse.
  3. Operations staff will reduce spousal benefits if the:
    1. WCB provides a child an additional amount until he or she reaches age 18.
    2. 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 pay’s the children’s benefits to a person other than the spouse for the benefit of the children (e.g., caregiver).
  4. 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.
  5. 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

  1. 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:
    1. Medical reports.
    2. Information from care givers regarding the child’s situation.
    3. Employability assessment.
  2. 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:
    1. The child is no longer eligible for WCB benefits.
    2. When WCB benefits will stop.
  3. Operations staff will determine if children with disabilities are eligible for employment assistance.
  4. 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

  1. 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:
    1. Financial records.
    2. Support agreements/arrangements.
  2. Operations staff will reduce the amount payable to the spouse by the amount payable to the other dependants.
  3. 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

  1. 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:
    1. Monthly payments, and
    2. A lump-sum payment.

Annual Adjustments

  1. The WCB will adjust benefits annually by the percentage increase to the Consumer Price Index (CPI) as follows:
    1. January 1:
      1. Adopting/foster parents or legal guardians of dependent children.
    2.  Anniversary date of the worker’s loss of earnings:
      1. Sole dependent children.
      2. Children with disabilities.
      3. Other dependants.

Policy references

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