# Claiming brother with cerebral palsy as dependant ?



## Paul-83 (Feb 27, 2015)

Hi all

My adult brother has CP and is approved for the disability tax credit. He still lives at home with our parents and our father is claiming the caregiver and disability credit transfer for him.
I am single and have my own home so he doesn't live with me but he does stay at my house on weekends when I'm off work. Our parents are seniors on OAS so unfortunately the credits are not being used as there income is low. Would I be entitled to claim him as a dependant if we live at different address? Ufile is claiming eligible dependant (305) and caregiver (315) and disability transfer (318) on my return but is this ok if he lives at our parents full time and only occasionally with me? Thanks for any help


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## Davis (Nov 11, 2014)

You may be able to claim the Infirm Dependant Credit, but only if your parents are not claiming the Caregiver Credit. The Infirm Dependant Credit is for dependants who don't live with you. Visiting for weekends doesn't sound like he's living with you.


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## Paul-83 (Feb 27, 2015)

*move mountains*

Thanks Davis, I didn't realize infirm dependant (306) was meant for someone not living with you. This sounds like the credit I should apply for along with the disability credit transfer (318). I'll make sure my parents don't claim the caregiver amount. Thanks for the advice


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## Davis (Nov 11, 2014)

Happy to help.


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## marina628 (Dec 14, 2010)

I would contact CRA before you do this ,line 315 clearly states you have to maintain the home with them .
line 306 says this -
If you are eligible for this amount, you can claim an amount up to a maximum of $6,589, which includes the $2,058 family caregiver amount, for each of your or your spouse's or common-law partner's dependent children or grandchildren only if that person had an impairment in physical or mental functions and was born in 1996 or earlier.
*Notice this does not say anything about siblings.*


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## Davis (Nov 11, 2014)

Good catch, Marina. I didn't consider the relationship angle.


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## Paul-83 (Feb 27, 2015)

Thanks for the reply's 

On the CRA site there are questions to see if you are eligible to claim infirm dependant, Question 2 states: 

Did you or your spouse or common-law partner have a dependant that met all of the following conditions? The person was:

your or your spouse's or common-law partner's parent, grandparent, brother, sister, aunt, uncle, niece, or nephew;
born in 1996 or earlier and had an impairment in physical or mental functions;
dependent on you, or on you and others, for support; and
a resident of Canada at any time in the year. You cannot claim this amount for a person who was only visiting you.

So looks like I should be ok with the claim hopefully. thanks Davis and Marina for your comments there greatly appreciated


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## marina628 (Dec 14, 2010)

My take is a person visiting on weekends is a visitor as they are not primarily live with you.My brother lived with me for 2 years when he had cancer until he died and even spending $8000 to move him from Alberta to Ontario and financially supporting him we could not claim anything for him.


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## Paul-83 (Feb 27, 2015)

Sorry to hear about your brother marina and it was very unfair that you could not claim anything to help with your expenses. My brother lives just across the street with our parents who are getting older and find supporting him more difficult. I am doing most of the support now but with different address does not allow me to claim caregiver or eligible dependent as it states the dependent must live with me in my home. I believe infirm dependant can be claimed if the dependant's registered address is different then the person supporting that dependant therefore not requiring they live together in the same home. If that is true then I should be able to claim infirm dependant which would also allow me to transfer his unused disability tax credit amount and medical expenses to me as well. It's confusing trying to figure out what can and can't be claimed, hopefully the infirm dependant will be allowed.


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