I-3 - Taxation Act

Section 1029.8.61.19 Disposition versions

2017-12-07

1029.8.61.19. An eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers is a child who, according to the prescribed rules, has an impairment or a mental function disability that substantially limits the child in performing the life habits of a child of his or her age during a foreseeable period of at least one year.

For the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18 for a particular month, an application must be filed with Retraite Québec no later than 11 months after the end of the particular month and be accompanied by the report of a member of a professional order assessing the child’s condition for a period that precedes the application date by no more than 12 months.

There is an exemption from filing a new application and from filing a new report of a member of a professional order for the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, where an individual becomes an eligible individual, in respect of an eligible child who already gives rise to entitlement to an amount in respect of the supplement for handicapped children and in respect of whom the individual has filed or is deemed to have filed an application under the first paragraph of section 1029.8.61.24.

Where divergent opinions exist concerning the assessment of the child’s condition, Retraite Québec may require that the child be examined by the physician it designates or by any other member of a professional order. If valid grounds are presented to oppose the choice of the physician or the member of a professional order, Retraite Québec shall designate another physician or member of a professional order.

Retraite Québec may, at any time, require that the child’s condition be reassessed.

Despite the first paragraph, the child is not considered to be an eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers if

(a)  without a valid reason, the treatments or measures likely to improve the child’s condition are not applied or continued; or

(b)  there is refusal or omission to comply with a request for information or an examination to assess the child’s condition.

2005, c. 1, s. 257; 2006, c. 13, s. 183; 2015, c. 20, s. 61; 2017, c. 29, s. 186.

2016-01-01

1029.8.61.19. An eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers is a child who, according to the prescribed rules, has an impairment or a developmental disability that substantially limits the child in the activities of daily living during a foreseeable period of at least one year.

For the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, an application must be filed with Retraite Québec and be accompanied by an expert’s report assessing the child’s condition.

There is an exemption from filing a new application and from filing a new expert’s report for the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, where an individual becomes an eligible individual, in respect of an eligible child who already gives rise to entitlement to an amount in respect of the supplement for handicapped children and in respect of whom the individual has filed or is deemed to have filed an application under the first paragraph of section 1029.8.61.24.

Where divergent opinions exist concerning the assessment of the child’s condition, Retraite Québec may require that the child be examined by the physician it designates or by any other expert. If valid grounds are presented to oppose the choice of the physician or expert, Retraite Québec shall designate another physician or expert.

Retraite Québec may, at any time, require that the child’s condition be reassessed.

Despite the first paragraph, the child is not considered to be an eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers if

(a)  without a valid reason, the treatments or measures likely to improve the child’s condition are not applied or continued; or

(b)  there is refusal or omission to comply with a request for information or an examination to assess the child’s condition.

2005, c. 1, s. 257; 2006, c. 13, s. 183; 2015, c. 20, s. 61.

2006-06-13

1029.8.61.19. An eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers is a child who, according to the prescribed rules, has an impairment or a developmental disability that substantially limits the child in the activities of daily living during a foreseeable period of at least one year.

For the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, an application must be filed with the Board and be accompanied by an expert’s report assessing the child’s condition.

There is an exemption from filing a new application and from filing a new expert’s report for the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, where an individual becomes an eligible individual, in respect of an eligible child who already gives rise to entitlement to an amount in respect of the supplement for handicapped children and in respect of whom the individual has filed or is deemed to have filed an application under the first paragraph of section 1029.8.61.24.

Where divergent opinions exist concerning the assessment of the child’s condition, the Board may require that the child be examined by the physician it designates or by any other expert. If valid grounds are presented to oppose the choice of the physician or expert, the Board shall designate another physician or expert.

The Board may, at any time, require that the child’s condition be reassessed.

Despite the first paragraph, the child is not considered to be an eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers if

(a)  without a valid reason, the treatments or measures likely to improve the child’s condition are not applied or continued; or

(b)  there is refusal or omission to comply with a request for information or an examination to assess the child’s condition.

2005, c. 1, s. 257; 2006, c. 13, s. 183.

2006-03-01

1029.8.61.19. An eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers is a child who, according to the prescribed rules, has an impairment or a developmental disability that substantially limits the child in the activities of daily living during a foreseeable period of at least one year.

For the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, an application must be filed with the Board and be accompanied by an expert’s report assessing the child’s condition.

Where divergent opinions exist concerning the assessment of the child’s condition, the Board may require that the child be examined by the physician it designates or by any other expert. If valid grounds are presented to oppose the choice of the physician or expert, the Board shall designate another physician or expert.

2005, c. 1, s. 257.