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If you are unable to work for medical reasons, you may not have to wait until you are 65 to get your Canadian Pension Plan benefits. The Canada Pension Plan - Disability Benefit is a Federal program that is a part of the Canada Pension Plan, administered through Human Resources Development Canada (HRDC). The Canada Pension Plan pays a monthly disability benefit to people 18 to 65 who have contributed to the Plan and who are disabled according to Canada Pension Plan legislation. It also pays monthly benefits for their dependent children.

While many people with HIV are intimidated by speaking about their problem, it is important to remember that in order to get answers, you have to ask questions. If you have questions that aren't answered below, it would be a good idea to contact Canada Pension Plan directly, using the information we give at the end of this chapter.

The amount each person receives from CPP-Disability is individually calculated based on the amount you have contributed and the number of years you have contributed. You must have contributed in 4 of the last 6 years, unless there are extenuating circumstances (i.e. birth of a child, working outside of Canada, etc.). The average CPP-Disability benefit in 2003 was $720.08/month, and the 2003 maximum is $956.05/month. If there is an increase in the Canadian cost of living index, the monthly benefit will increase proportionately. Cheques are issued monthly and sent/deposited within the last three banking days of each month.

While CPP-Disability does issue monthly financial benefits, it does not pay for medications, transportation, or subsidise rental costs. If your health improves and you return to employment on a regular basis, CPP may offer you a three-month work trial period during which you will continue to receive your CPP benefits. If you continue to work after this 3 month period, your CPP-Disability benefits will probably stop. If you have to leave work, due to the same health condition, within a 2 year period of going off benefits, you will be fast tracked back onto the benefit. If you are not working on a regular basis, but still earning income, you can earn up to $3,900 in a calendar year without informing CPP and without losing your benefits. Once you earn more than $3,900, you MUST inform CPP. Staff will want to speak with you to learn more about your individual situation, your medical situation, work pattern, and capacity to work.

CPP-Disability offers other benefits including a monthly benefit for children of a disabled parent, survivor benefits including a lump sum death benefit for funeral expenses, and a pension for surviving spouses and children.

Before you apply, you might want to find out if you qualify for benefits, and how much they might be. If you would like to know your CPP-Disability entitlement, plus retirement, death and survivor benefits amounts (called a Statement of Contributions), or any other general enquiries, contact HRDC at 1-800-277-9914 (English) or 1-800-277-9915 (French). This Statement of Contributions can be requested once per year. You will have to apply in writing to CPP-Disability in order to receive benefits. To be eligible, applicants must be between 18 and 65 years old, have made contributions to CPP-Disability for a minimum qualifying period, and meet the CPP-Disability definition of disability. If you have contributed to both QPP and CPP, your contribution will be combined. Applicants who reside in Quebec at the time of applying for benefits will apply to QPP; all applicants from other provinces apply to CPP-Disability.

To apply for CPP-Disability, you'll need to complete and return the CPP-Disability application. Each application includes:

A basic application form, including name, address, and other vital statistics.
A questionnaire about your health, education and work history.
A consent form to be signed by you, allowing CPP staff to contact other sources to support your application
A medical report to be completed by the physician of your choice, usually your family doctor or the specialist treating your condition.
Documentation to verify your legal status in Canada.

Once an application is received, it will be reviewed to verify that both the contribution criteria and definition of disability have been met. Some people may be asked to have a medical examination by a physician chosen and paid for by CPP to verify medical findings and limitations.

To qualify for CPP-Disability, an applicant must have a disability that is both severe and prolonged, preventing them from doing any substantially gainful occupation including their previous one. Both "severe" and "prolonged" criteria must be met. "Severe" means your disability prevents you from working regularly at any job, and "prolonged" means your condition is long term or may result in your death.

The CPP-Disability definition of disability is different from other government programs, such as the Ontario Disability Support Program. Many people may meet one program's definition, but not another. Typically, the CPP-Disability definition is stricter and may be more difficult to reach due to the criteria of being severe, prolonged and having limitations to perform any gainful occupation.

Once approved, you will receive a Notice of Entitlement letter noting the date the benefits start, the monthly entitlement, any retroactive payments, and your rights and responsibilities. Payments begin four months after CPP has determined your date of disability. Retroactive payments can be paid to a limit of 12 months. The first payment is usually received within 30 days of being approved. It will take approximately 4 to 6 months to be granted CPP.

Those who are denied CPP-Disability (usually because they have insufficient contributions or do not meet the definition of disability) will be sent a letter explaining the decision. There is an appeals process available for those denied benefits. You have 90 days to request a reconsideration, in writing. If you are denied again, you may appeal to the Review Tribunal within 90 days of receiving the denial. If you are turned down at that level, you may ask for permission to appeal to the Pension Appeals Board. Get some legal advice if you are unsure about whether or not to appeal.

You will need to fill out the CPP-Disability application. Applications can be picked up at some AIDS Service Organizations, or you can contact CPP directly and they will mail you an application. The application will contain a form, which you take to your doctor for him/her to complete. Your doctor can give you the completed form to send in with your application, or they can send it directly to CPP. You will also need a copied and notarized document to verify your status in Canada, including a Social Insurance Number Card or Birth/Baptismal certificate.

The most common reason people choose to give up CPP-Disability benefit is that their health improves and they return to employment. You would need to let CPP-Disability know when you have returned to work. CPP-Disability offers incentives and support to people who want to return to work or training. This can include costs for training, educational upgrading, assessments, transportation costs, and counselling and case management. You will require the support of your physician to verify your suitability and capacity to participate in any rehabilitation initiatives offered by CPP. Those undertaking a voluntary return to work on a regular basis can receive their monthly entitlement for the first three months as a work trial. To find out more about these services, you might want to consider contacting Canada Pension Plan - Disability program directly. You can find the link to the CPP-Disability web-site below.

Some people have their eligibility for CPP-Disability benefits re-assessed. In order to continue to qualify for CPP-Disability, you must remain under 65 years old, and your disability must continue to be severe and prolonged. Periodically, CPP-Disability will review your file to verify that you continue to be disabled, and have not regained the capacity to work. At the time of re-assessment, you will either continue to receive benefits, or be found to have regained the capacity to work and are no longer disabled. You can appeal a decision that you do not agree with. Your benefits may be ceased, and you might have to repay any overpayments from CPP-Disability to the date you were considered capable of working.

The maximum CPP Disability payment for 2003 is $956.05. A dependent child's benefit is $183.77 per month, per child. Your monthly cheque will be mailed/directly deposited within the last three banking days of each month. The cheque reflects that month. Each January, the amount is adjusted according to the Consumer Price Index. The CPP-Disability payment is a taxable income, but no tax is deducted unless specifically requested. An annual T4 slip will be issued.

As a return to work incentive, you can earn up to $3,900.00 within a calendar year from work without informing HRDC and without losing your benefits. You might also be entitled to vocational supports. However, once you have earned more than $3,900.00 in a calendar year you must inform HRDC. This amount may change in future years. It is your responsibility to notify CPP-Disability of any changes in your circumstances or health. Failure to do so could result in a review of your file, suspension or termination of your benefits.

Q: Does being HIV+ automatically entitle me to benefits?
Currently, being HIV+ by itself is not enough to get CPP-Disability benefits. HIV has to be effecting your health enough that you meet the disability criteria.

Q: Can I be on CPP-Disability and also on welfare?
While waiting for CPP-Disability to be approved, you may need to apply for welfare (Ontario Works). Once you start receiving CPP-Disability benefits you will have to report this to your Ontario Works office. Many people apply for both CPP-Disability and Ontario Disability Support Program (ODSP) at the same time. For many people, the amount they get from CPP-Disability is less than their eligibility for ODSP, and they will continue to qualify for some money from ODSP (called a "top up") as well as having a drug card.

Q: Can I be on CPP-Disability and go back to work?
Yes, if you are working part-time or working sporadically. You might also be able to participate in a vocational rehabilitation program, which allows you to retrain. If you go back to work fulltime there is 3-month trial period during which you could continue to receive CPP-Disability benefits while working. Any return to work could be reason to re-assess your file. You can earn up to $3,900.00 from work in a calendar year without informing HRDC and without losing your benefits

Q: Does my spouse/partner's income effect my eligibility for CPP-Disability?
No.

Q: Will an inheritance or a gift of money from my family affect my CPP benefits?
No. Any other non-employment income that you might have will not effect your CPP-Disability income.

Q: Will CPP pay for my medications?
No. Many people on CPP either get their medications covered by ODSP, or if they aren't qualified for ODSP then they get coverage from the Trillium Drug Program.

Q: What if I don't tell CPP-Disability that I went back to work?
CPP-Disability can learn of an undeclared return-to-work either through the employer (i.e. Employment Insurance or CPP deductions), or through a 3rd party complaint ("snitch line"). If you went back to work and earned more than $3,900 and didn't declare it, you will probably have to repay all the benefits that you received after you started back to work and may lose your benefits.

Contact HRDC Canada-wide at 1-800-277-9914 (English), 1-800-277-9915 (French), TDD at 1-800-255-4786

Contact your local HRDC Regional Office; check in the Blue pages of your Phone Book under the Government of Canada section, or contact your local Member of Parliament's (MP) office for the HRDC phone number.

We hope this information provided by the Ontario AIDS Network answers all your questions. If the section does not answer all your questions, and you have HIV/AIDS or are an individual or organization supporting someone living with HIV/AIDS, let our Benefits Expert answer your question. All responses are confidential. Click HERE to send your question.