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Complex situation with CRA, CPS about Disability. Who wants to help fight this?

So, we have a very complex situation. I have no idea what to do from here or who I should contact and who I should get involved. Should we contact, A lawyer? MLA? Trudeau? Please help with any advice.

We have FULL LEGAL CUSTODY of a child. In 2010 the child was apprehended by CPS of Saskatchewan. In 2012 I got Full legal custody, through Person of significant interest (since I’m a bio related family member) in courts.

We relocated to Edmonton.

From 2010-2012 I was able to claim this child for our taxs & CTB. I was receiving a monthly maintenance & child tax for the child. In 2012 the government changed the rules. Any child that received a maintenance from An agency was no longer allowed to claim a child on tax’s and receive any CTB. So, due to this change our monthly maintenance slightly increased. But we stoped getting the other benefits. ( Strange I thought but I never questioned it) that’s like taking away child tax because I get child support. Makes no sense.

In 2016 we finally received a very complex diagnosis for the child’s disability. We were then told by FSCD that we should be allowed to apply for disability tax credit and if approved we would get small financial help for respite etc & funds to help with care for the child.

STORY CONTINUES BELOW

We filled all forms, Dr filled all forms guess what? The child was approved for Child disability tax credit from 2010-2022 (we need to then reapply) because the disability is birth related we are eligible for back-payments.

Oh wait!! Stop……..No we’re not allowed back payments, were not even allowed to receive the CDTC for this child! Why?? Because we don’t get Child tax for the child because the law changed in 2012!!!! So now we get 0 to help this child. Except I may still get back pay for 2010-2012 only. As the governments states “The child was not in your care” …….”Wait what???””

-I have full legal custody since 2012 and court papers to prove and sent to CRA
-I bath, dress, care, medicate, feed, the child
-Take the child to school, drs, dentists the child has been in my home, my care 24 hours a day 7 days a week for the last 10 years
-At 5 I potty trained, taught the child how to speak, and everything else you can think of. This child would be non functioning if it wasn’t for my 110% commitment and care.
-Yes I receive a small maintenance amount (So like child support)
-In 10 years I paid for all dental, medical, school, beds, gifts, supplies, medications out of the maintenance any extra was out of my pocket. Because I’m the guardian! We don’t get any medical benefit from CPS or dental etc. So why am I not getting CTB? And now will not get CDTC?
-CPS claims they are legal guardians and haven’t terminated her guardianship but wait they have meet her and seen her once! Since she was 5!years old!?? And they state in my letter she is a foster child??? I’m so lost

This is absolutely not right and we need help fighting this but how? Please help. From Lost guardians of a lost child until she came into our loving care.

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35 Responses

  1. How about just taking care of the child- who by your admission requires special care- since you accepted guardianship years ago. Unless the whole reason you did this was for the money….? People need to stop relying on governments to raise children.

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  2. Who has custody? Saskatchewan or Alberta.?

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  3. Kim Schindel Kim Schindel says:

    Child tax is based on gross income unfortunately. This sounds like sad situation and once again the tax payer is getting the screw I would keep doing more research and keep fighting for the assistance your are entitled to.

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  4. Child tax is based on income and not on child support amounts…. if your income brings you above a certain amount plus child support which is considered income after you raise above the poverty line, you may not be entitled

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  5. Posting anonymously under different account:

    I find this very upsetting and appalling. I have been this child’s number 1 advocate since age 5 (2010). I have put band-aides on scrapes, took the child’s hand and walked the child into the first day of school, potty trained. Taught the child how to speak, when I realized the child was different then children there age and not going to grow out of the disability I fought for the child to get diagnoses, I fought for the child to get the proper medical attention needed. I take the child to dental appointments, dr appointments, I pay for respite services, all medical prescriptions and needs and am the only one that has grown and raised this child Since in my care. But yet I am not entitled to benefits as her legal guardian. Please fix the reason why as there shouldn’t be a reason. My child and I eagerly await any help anyone can give us in this situation.

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    • If you were granted Legal Guardianship and given primary care, I don’t understand how the government can also claim the child as a ward.
      Moving forward I would look at what would benefit the child more, CDTC and CTB or the small government support payments.
      I would go to your MLA first.

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  6. Id start with your mla.

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  7. Maja Black Maja Black says:

    I’m afraid to tell you this is accurate, you are not entitled to back pay. Although you were taking care of the child from 2010 to 2012 you did not have legal custody, the province did. If a child is a ward of any province, they do not get ctb, no one does. Medical is covered by a different department of the government… In fact if one or both parents are paying child maintenance, the monies get paid into a provincial coffer, not to the foster parents.

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  8. Vote for Trudeau again…. lol

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    • Maja Black Maja Black says:

      Don’t be stupid, it was like this in 1994 when my son went into a special needs home. You freaking ocd political spammers make it impossible for people to get help…ask yourself, how did you help this lady? Ummm answer not at all…you just made it about you

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  9. Gloria Mason Gloria Mason says:

    My understanding of the situation is that if a child is being “maintained” by a provincial government agency I.e in foster care/kin care all federal child tax/dtc is routed to that provincial government. As a foster parent or kinship/persons of significant interest parent you will receive supports for said child from the province (in Alberta anyways)
    Unless child is fully adopted or you have Permanent Guardianship you will not qualify for child tax or dtc.

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  10. Sounds like the child is under guardianship of the province of Saskatchewan. If you have not adopted or obtained private guardianship you are a kinship provider only, not the legal guardian or custodian. Therefore you would not qualify for those benefits as the province of Saskatchewan is responsible for the child’s care. Contact the caseworker. Or adopt or apply for private guardianship.

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  11. Almost same situation 2 years ago contact http://www.thenba.ca/ they helped get things straight and yes they ask for 30% of any pay out for their work.

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  12. Shaun Reveis Shaun Reveis says:

    It’s CRA. You lose no matter what.

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  13. Marie says:

    May I suggest “a phone call wouldn’t hurt” … I have heard good things –
    Shymko William J Law Office Ph: (780) 425-6414 Family Lawyers, Human Rights Lawyers.

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  14. This group exists and they can help you, I’m sure. The admin is very dedicated. Good luck!

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  15. Ali C-f Ali C-f says:

    Don’t use any agency in this battle that is going to take a percentage. They prey on desperate people who are going through this, yet really do nothing to help. They know the same about the crappy system as everyone else, nothing. They are just people with no training behind a title of a rip off company.

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  16. Jodi Galick Jodi Galick says:

    OP…please PM me. Our convo will be kept confidential.

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  17. It sounds like you might have to contact several people. First you might want to talk to the caseworker (or a caseworker) from the CPS office that placed the child with you to verify who exactly has custody. I.E. is the the province or you? if the province has custody, then you may want to discuss with them about the financial help you may receive and what the province should cover. Secondly you may want to talk to a family lawyer to get clarity on who has guardianship (especially if CPS isn’t clear with you as to who the legal guardian is) and what benefits you may be qualified for as that guardian. I do hope you get some answers and guidance.

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