Canada Disability Benefit Regulations
Marginal note:Eligibility criteria
2 (1) A person is eligible to receive a benefit for any month after May 2025 in which they meet the following criteria:
(a) they are at least 18 years of age but not more than 65 years of age;
(b) they are a DTC-eligible individual, as defined in subsection 146.4(1) of the Income Tax Act;
(c) they are resident in Canada for the purposes of the Income Tax Act and are
(i) a Canadian citizen,
(ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,
(iii) a temporary resident within the meaning of the Immigration and Refugee Protection Act who was resident in Canada for the 18 months preceding that month,
(iv) a protected person within the meaning of the Immigration and Refugee Protection Act, or
(v) an Indian as defined in subsection 2(1) of the Indian Act;
(d) they are not incarcerated as a result of a sentence of imprisonment of two years or more that is to be served in a penitentiary by virtue of any Act of Parliament; and
(e) they have filed a return of income under the Income Tax Act for the last taxation year that ended before the beginning of the payment period in which that month falls.
Marginal note:Exception — 65 years of age
(2) Despite paragraph (1)(a), a person is eligible for a benefit for the month in which they turn 65 years of age.
Marginal note:Exception — incarceration
(3) Despite paragraph (1)(d), a person is eligible for a benefit for the first month in which they are incarcerated and for the month in which they are released.
Marginal note:Condition — cohabiting spouse or common-law partner
(4) Despite subsections (1) to (3), a person is eligible for a benefit for any month in a payment period only if their cohabiting spouse or common-law partner has filed a return of income under the Income Tax Act for the last taxation year that ended before the beginning of that payment period.
Marginal note:Waiver
(5) The Minister may waive the condition set out in subsection (4) if the Minister is satisfied that the condition is unreasonable or impracticable in the circumstances, including if
(a) the cohabiting spouse or common-law partner is not resident in Canada for the purposes of the Income Tax Act;
(b) for reasons not attributable to the person or their cohabiting spouse or common-law partner, the person is not living with their cohabiting spouse or common-law partner; or
(c) the cohabiting spouse or common-law partner has engaged in family violence as defined in subsection 2(1) of the Divorce Act.
Marginal note:Exception — suspension of payments
(6) Despite subsections (1) to (3), a person is not eligible for a benefit for any month during which payment of a benefit has been suspended under section 11.
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