Personal injury and Family lawyers with disabled clients need to stay current with the federal and provincial support programs available. 

In many provinces, benefits for people with disabilities are supplemental to the basic social assistance programs.  

All the jurisdictions listed below have a monthly payment schedule. 

Federal 

The Canada Pension Plan Disability benefits (CPPD) provide financial assistance to people younger than 65 who have contributed to CPP but can no longer work regularly due to a disability. Dependent children may also qualify for a benefit. 

There are two types of CPPD benefits: 

  • Disability pension: A taxable monthly payment for people who have contributed to CPP and cannot work regularly due to a disability. This automatically converts to a retirement pension when a recipient turns 65. 
  • Post-retirement disability benefit: A monthly benefit for disabled people who are collecting the CPP retirement pension but did not apply for a disability pension within 15 months of their first retirement pension payment. This stops when a recipient reaches 65, at which point they can apply for the Old Age Security program. 

The average monthly payment from the Disability pension in 2024 is $1,127.30, up to a maximum of $1,606.78. The payment is calculated by adding the basic monthly amount to the amount based on CPP contributions.  

The 2024 Post-retirement disability benefit is $583.32 per month.  

We have written earlier about the Registered Disability Savings Plan (RDSP). Budget 2012 announced that certain family members may become the holder of an RDSP for an adult individual who might not be contractually competent to enter into an RDSP. This temporary measure came into force in 2012 and expired on December 31, 2023. An individual who became an RDSP holder under these rules will generally be able to remain so after 2023. From January 2024, only a qualifying family member will be able to open a disability savings plan, because he/she is transferring an existing plan for which he/she is the holder. 

British Columbia 

British Columbians who have also been designated a Person with Disabilities (PWD) may be eligible for disability assistance and supplemental support. PWD’s suffer from severe physical or mental impairment and must be at least 18 years old. The PWD benefit is means-tested, so your client must meet income and assets thresholds to qualify. 

The BC provincial budget increased these benefits in August 2023. The PWD benefit currently ranges from $983.50 to $1,728.50, depending on factors such as family size and the number of family members who have been designated as PWD’s.  

Alberta 

There are two types of Alberta disability benefits available: Assured Income for the Severely Handicapped (AISH) and Alberta Aids to Daily Living (AADL). Under some circumstances, your clients can qualify for both at the same time. 

To qualify for AISH, clients must have a permanent medical condition that prevents them from earning a living, and which cannot be improved through any medical treatment, therapy, rehabilitation, or training. AISH benefits are indexed to inflation, increasing 4.25% in January 2024, by $76 to $1,863 per month.  

AADL provides financial assistance to Albertans with a long-term disability, chronic illness, or terminal illness. This is for medical equipment, supplies, or devices. To receive AADL benefits, clients pay 25% for the equipment or services they receive, up to a maximum of $500 per family annually. Exemptions are provided to those with low-income or who are already receiving income assistance from the Alberta government. 

Ontario 

In July 2023, Ontario Disability Support Program (ODSP) benefit rates increased by 6.5%, based on a cost-of-living formula set by the Ontario Government. Currently, a single person can receive up to $1,308 in ODSP benefits, prior to special diet, medical necessities and other allowances and benefits. 

This latest increase is in addition to the 5% increase applied in September 2022. The government has earmarked funds to index ODSP to inflation over the next few years. 

Disabled clients collecting ODSP may be eligible for CPPD benefits, but ODSP amounts might be reduced or revoked accordingly. 

New Brunswick 

The Extended Benefits Program is for those who are certified by the medical board as blind, deaf, or disabled. The rate varies by household size. A family of three people received $1,160 per month; larger families were pro-rated at an additional $71 per person. 

The March 2023 provincial budget increased payments by 7.3% and maintained the government’s commitment to indexing the program to inflation, so further increases are expected in 2024. 

Nova Scotia 

Residents of Nova Scotia living with a disability can get financial assistance through the Disability Support Program (DSP). The benefit amount depends on your client’s marital status, number of children, and whether they rent, own or board their living space. Based on these factors, they can get up to $1,393 a month. 

Beginning in April 2024, the Income Assistance Disability Supplement will provide an additional $300 per month to people on income assistance who are not currently in the DSP. This supplement will benefit more than 60% of recipients of the Employment Support and Income Assistance program (about 15,000 people.) 

Prince Edward Island 

Currently, if your client is approved for social assistance, they are also automatically approved for the Provincial Dental Care Program and the Financial Assistance Drug Program. 

PEI has been experimenting with the Targeted Basic Income Guarantee (T-BIG) program, started in 2021 after the province expanded its secure income pilot project. T-BIG is available to people who are clients of social assistance and AccessAbility supports who meet certain criteria. The program targets people with multiple barriers to employment, including people with disabilities. T-BIG tops up existing benefits to bring people within 85% of the market-basket measure, Canada’s official poverty line, as set annually by Statistics Canada, which is the cost of a “basket” of food, clothing, shelter, transportation, and other necessities in each province.  

A 2023 report recommended expanding this program as a Guaranteed Basic Income benefit, which could virtually eliminate poverty for people with disabilities.  

Personal injury and Family lawyers need to monitor the progress of these proposals.