Why is Uptake of the Disability Tax Credit Low in Canada? Exploring Possible Barriers to Access
DOI :
https://doi.org/10.11575/sppp.v11i0.43187Résumé
Disability supports should be designed to provide benefit and not burdens to eligible recipients. Unfortunately, this is not a reality when it comes to one of the main benefits open to Canadians with disability: the federal Disability Tax Credit (DTC). Designed to recognize some of the higher costs faced by people with severe disabilities and their caregivers, the DTC appears to be more of a burden for many, with estimated utilisation unacceptably low at around 40 per cent of working-aged adults with qualifying disabilities.
Low uptake is a concern not only because people are missing out on the credit itself but also because eligibility to the DTC – which is not automatic – is a gateway to other important and more valuable benefits such as the Child Disability Benefit and Registered Disability Savings Plans (RDSP).
Why is take up low? Awareness and a burdensome application process are likely key contributing factors. There is also a lack of clarity around eligibility rules, which have been criticized for being open to interpretation, failing to accurately reflect the practicalities of living with a disability and requiring people with impairments in mental functions to meet a higher bar than for those with physical impairments.
The design of the DTC may also be limiting utilization of disability benefits such as RDSPs that require DTC eligibility as a prerequisite. As a non-refundable tax credit, the DTC is a tax-fairness measure that benefits those who pay taxes (provides no monetary value to those without taxable income). It is poor design to use eligibility to a benefit, that does not provide value to all individuals with qualifying disabilities, as a gateway to benefits with different policy objectives.
A policy overhaul of the DTC, and broader disability policy in Canada, is long overdue. This will require effort and the will to make the necessary changes to improve existing policies. Boosting awareness of the DTC, gaining a better understanding of the target population (particularly children with disabilities) and monitoring data on the DTC’s usage and reach, would go a long way towards improving uptake. Creation of a clear and transparent review and appeals process to replace the current and often inconsistent one would further knock down barriers to access. Improving the disability assessment process for the DTC and for other key disability benefits is also essential. More broadly, it is time for Canada to consider new coordinated policy measures that guarantee improved access, independence, portability and support for individuals with disability – particularly those living in low income.
Références
Arim, R. (2015). Canadian Survey on Disability, 2012 – A profile of persons with disabilities among Canadians aged 15 years or older, 2012. Retrieved from http://www.statcan.gc.ca/pub/89-654-x/89-654-x2015001-eng.pdf
Battle, K. (1988). The 1987 white paper on tax reform. Journal of Law and Social Policy, 3, 66.
Bill C-462 (Historical). Disability Tax Credit Promoters Restrictions Act. House Debate. (2013). Retrieved from https://openparliament.ca/bills/41-2/C-462/
Buchanan v. The Queen, 2001 CanLII 763 (TCC) (2001).
Canada Revenue Agency. (2014a). DTC eligible person with disability as at 2014 by province by age.
Canada Revenue Agency. (2014b). Government of Canada marks International Day of Persons with Disabilities by encouraging Canadians to take advantage of available benefits [Press release]. Retrieved from https://www.canada.ca/en/news/archive/2014/12/government-canada-marks-international-day-persons-disabilities-encouraging-canadians-take-advantage-available-benefits.html
Canada Revenue Agency. (2015). Disability Tax Credit Public Consultations. Retrieved from https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit/disability-tax-credit-public-consultations.html#vrvw_dtc
Cohen, K. R. (2017, 10/30/2017). [Letter to the Ministers of Finance and National Revenue].
Employment and Social Development Canada. (2015). Evaluation of the Canada Disability Savings Grant and Bond 2008-2009 to 2011-2012: Phase I. Final Report. Retrieved from http://publications.gc.ca/collections/collection_2015/edsc-esdc/Em20-25-2015-eng.pdf
Employment and Social Development Canada. (2017). Canada Disability Savings Program. Annual Statistical Review 2015: Employment and Social Development Canada.
Goffin, P. (2017, 01/13/2017). Disability tax credit not extended to those with mental illness. The Star. Retrieved from https://www.thestar.com/news/gta/2017/01/13/disability-tax-credit-not-extended-to-those-with-mental-illness.html
JDRF. (2017). Disability Tax Credit and type 1 diabetes. Retrieved from https://www.jdrf.ca/t1dhub/learn/t1d-insider/disability-tax-credit-and-type-1-diabetes/
McDermid v. The Queen, 2014 TCC 264 (CanLII) (2014).
Mendelson, M. (2015). Options for a Refundable Disability Tax Credit for 'working age' persons. Retrieved from
Mitra, S., Palmer, M., Kim, H., Mont, D., & Groce, N. (2017). Extra costs of living with a disability: A systematized review and agenda for research. Disability and Health Journal.
Office of the Auditor General of Canada. (2017). 2017 Fall Reports of the Auditor General of Canada to the Parliament of Canada. Report 2—Call Centres—Canada Revenue Agency. Retrieved from Office of the Auditor General of Canada: http://www.oag-bvg.gc.ca/internet/English/parl_oag_201711_02_e_42667.html
Philipps, L. (2001). Disability, poverty, and the income tax: The case for refundable credits. Journal of Law and Social Policy, 16, 77.
Prince, M. J. (2016). Inclusive Employment for Canadians with Disabilities: Toward a New Policy Framework and Agenda. IRPP Study(60), 1.
Ross, M. (2016, 07/29/2016). Canadian Psychiatrists Aren't Doing Enough For Their Patients. The Huffington Post. Retrieved from http://www.huffingtonpost.ca/marvin-ross/canadian-psychiatrist-tax-credit_b_11248224.html
Schizophrenia Society of Ontario (2014). [Submission from the Schizophrenia Society of Ontario for the Disability Tax Credit Consultation].
Simpson, W., & Stevens, H. L. (2016). The Disability Tax Credit: Why It Fails and How to Fix It. SPP Research Papers, 9(24).
Smart, M., & Stabile, M. (2006). Tax Support for the Disabled in Canada: Economic Principles and Options for Reform. Canadian Tax Journal, 54(2), 407-426.
Statistics Canada. (2004). Participation and Activity Limitation Survey, 2001 [Canada]. Retrieved from http://odesi1.scholarsportal.info/webview/index.jsp?object=http://142.150.190.11:80%2Fobj%2FfStudy%2Fpals-82M0023-E-2001&mode=documentation&v=2&top=yes
Statistics Canada. (2012). Canadian Survey on Disabiilty 2012. Table 115-0004 - Adults with disabilities, by severity, age group and sex, Canada, provinces and territories. Retrieved from: http://www5.statcan.gc.ca/cansim/a26?lang=eng&retrLang=eng&id=1150004&tabMode=dataTable&p1=-1&p2=11&srchLan=-1
Statistics Canada. (2017). Table 051-0001 - Estimates of population, by age group and sex for July 1, Canada, provinces and territories, annual (Persons) Table 051-0001 - Estimates of population, by age group and sex for July 1, Canada, provinces and territories, annual (Persons) Retrieved from: http://www5.statcan.gc.ca/cansim/a26?lang=eng&retrLang=eng&id=0510001&tabMode=dataTable&p1=-1&p2=9&srchLan=-1
Till, M., Leonard, T., Yeung, S., & Nicholls, G. (2015). A Profile of the Labour Market Experiences of Adults with Disabilities among Canadians aged 15 years and older, 2012: Statistics Canada.
Tjorman, S., Brown, R. D., Arnold, B. J., Bach, M., Beachell, L., Beatty, H., . . . Lord, G. (2004). Disability Tax Fairness. A report of the Technical Advisory Committee. Retrieved from Ottawa, ON:
Wall, K. (2017). Low income among persons with a disability in Canada. Insights on Canadian Society. Retrieved from http://www.statcan.gc.ca/pub/75-006-x/2017001/article/54854-eng.pdf
Watts v. The Queen, 2004 TCC 535 (CanLII) (2004).
Weissman, P., & Buchanan, L. (2016). Request to reinstate the Disability Advisory Committee. Retrieved from http://www.fightingforfairness.ca/content.php?navID=23
Williams, R., & Prowten, D. (2017, 10/31/2017). [Letter from JDRF and Diabetes Canada to the Honourable Diane Lebouthillier regarding joint recommendations aimed at ensuring access to the Disability Tax Credit for Canadians with diabetes].
Woolley, F. (2015). Social Benefits in the Canadian Income System. In B. Dahlby (Ed.), Reform of the Personal Income Tax in Canada (pp. 143). Toronto: Canadian Tax Foundation.
Zwicker, J., Zaresani, A., & Emery, J. H. (2017). Describing heterogeneity of unmet needs among adults with a developmental disability: An examination of the 2012 Canadian Survey on Disability. Research in Developmental Disabilities, 65, 1-11.
Téléchargements
Publié-e
Numéro
Rubrique
Licence
The following is the copyright statement of SPPP.
Copyright © <Author name> <year>. This is an open-access paper distributed under the terms of the Creative Commons license CC BY-NC 4.0, which allows non-commercial sharing and redistribution so long as the original author and publisher are credited.
Publication Copyright and Licensing
The following guidelines and information, provided in six sections, are intended for authors (the “Author”) who are invited to write a paper (the “Work”) for The School of Public Policy Publications (the “Publisher”). The rights and responsibilities conveyed in the SPP Author Agreement will only apply once your paper is accepted for publication. At that point in the publication process, you will be asked to download the form and return a signed copy via e-mail to spppublications@ucalgary.ca. Please review the below information to ensure agreement with SPPP policies.
Section 1: Author’s Grant of Rights
In consideration of the Publisher’s agreeing to publish the Work in The School of Public Policy Publications, the Author hereby grants to the Publisher the following:
1.1 The irrevocable, royalty-free right to publish, reproduce, publicly display, publicly perform and distribute the Work in perpetuity throughout the world in all means of expression by any method or media now known or hereafter developed, including electronic format;
1.2 The irrevocable, royalty-free right to use the Author’s name and likeness in association with the Work in published form and in advertising and promotional materials related to the Work; and
1.3 The irrevocable, royalty-free right to license others to do any or all of the above.
Section 2: Prior Publication & Publication by Others
2.1 The Author agrees not to publish the Work, or authorize any third party to publish the Work, either in print or electronically, prior to publication of the Work by the Publisher.
2.2 The Author agrees not to publish the Work in any publication outlet which is substantially similar to The School of Public Policy Publications for a period of six (6) months after publication of the Work in The School of Public Policy Publications. Substantially similar is defined as a non-subscription, open-access publication outlet with a similar mandate/vision and intended audience.
2.3 Should the Author publish or distribute the Work elsewhere at any time or in any alternate format, the Author agrees to contact The School of Public Policy Publications to inform them of the subsequent publication.
2.4 Should the Author publish or distribute the Work elsewhere at any time or in any alternate format, the Author agrees to make reasonable efforts to ensure that any such additional publication cites the publication in The School of Public Policy Publications by author, title, and publisher, through a tagline, author bibliography, or similar means. A sample acknowledgement would be:
“Reprinted with permission from the author. Originally published in the The School of Public Policy Publications, http://www.policyschool.ca/publications/.”
Section 3: Editing and Formatting
The Author authorizes the Publisher to edit the Work and to make such modifications as are technically necessary or desirable to exercise the rights in Section 1 in differing media and formats. The Publisher will make no material modification to the content of the Work without the Author’s consent.
Section 4: Author’s Ownership of Copyright and Reservation of Rights
4.1 Nothing in this agreement constitutes a transfer of the copyright by the Author, and the copyright in the Work is subject to the rights granted by this agreement.
4.2 The Author retains the following rights, including but not limited to, the right:
4.2.1 To reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format;
4.2.2 To post a version of the Work in an institutional repository or the Author’s personal or departmental web page so long as The School of Public Policy Publications is cited as the source of first publication of the Work (see sample acknowledgement above).
4.2.3 To include the Work, in whole or in part, in another work, subject to Section 2 above and provided that The School of Public Policy Publications is cited as the source of first publication of the Work (see sample acknowledgement above).
4.3 The Editors and Editorial Board of The School of Public Policy Publications requires authors to publish the Work under a Creative Commons Attribution-NonCommercial 4.0 International licence (CC BY-NC 4.0). This license allows others to distribute, remix, tweak, and build upon the Work for noncommercial purposes, and ensures the Author is credited for the original creation. This onward licensing is subject to section 2.4 of this agreement, which further ensures that the original publisher is credited.
Section 5: Author’s Warranties and Undertakings
The Author warrants that:
5.1 The Author is the sole author of the Work, or if a joint author, the Author has identified within the Work the other authors, and holds the copyright, either solely or jointly, and has the power to convey the rights granted in this agreement.
5.2 The Work has not previously been published, in whole or in part, except as follows:
5.3 Any textual, graphic or multimedia material included in the Work that is the property or work of another is either explicitly identified by source and cited in the Work or is otherwise identified as follows:
5.4 To the best of the Author’s knowledge, the Work does not contain matter that is obscene, libelous, or defamatory; it does not violate another’s civil right, right of privacy, right of publicity, or other legal right; and it is otherwise not unlawful.
5.5 To the best of the Author’s knowledge, the Work does not infringe the copyright or other intellectual property or literary rights of another.
5.6 The Author will indemnify and hold Publisher harmless against loss, damages, expenses, awards, and judgments arising from breach of any such warranties.
Section 6: The Reuse of Third-Party Works
The Publisher requires that the Author determine, prior to publication, whether it is necessary to obtain permissions from any third party who holds rights with respect to any photographs, illustrations, drawings, text, or any other material (“third-party work”) to be published with or in connection with your Work. Copyright permission will not be necessary if the use is determined to be fair dealing, if the work is in the public domain, or if the rights-holder has granted a Creative Commons or other licence. If either the Author or Publisher determines for any reason that permission is required to include any thirdparty work, the Author will obtain written permission from the rightsholder.