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Syd's Mom, thank-you. So, basically, the letter I e-mailed them means nothing because I really didn't have anything to substantiate (aside from my words) my reasoning as to why we should still be allowed the disability tax credit? Does this mean that they won't look at my e-mail at all or they just won't look at it as seriously as they would have had I done it properly?
Katiee, in the thread under Introductions re the college age son has just posted a wonderful post about The Ontario Human Rights Commission definition of disability and how it does apply to PA. I was going to suggest to her that she somehow get it over here as well.
Given the lateness of the hour, and the fact that I wanted to group e-mail this out to members that aren't currently posting now, so they get it for tomorrow, I'll simply direct people to the second page of that thread until I can contact Katiee to ask her if she would mind transposing the information over here as well (or have me do it for her).
Syd's Mom, many thanks. And I thought I knew how to approach the government [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]
Best wishes! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
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Hi Again
In case you don't get a chance to read the backgrounder posted in the link above, this is the critical section:
1. Proposals intended to clarify the eligibility criteria for the DTC in response to a recent Federal Court of Appeal decision
The policy intent of the DTC is to provide tax assistance to individuals with a severe and prolonged mental or physical impairment, the effects of which markedly restrict his or her ability to perform a basic activity of daily living[1] or require him or her to receive extensive therapy in order to sustain a vital function.
In March 2002 the Federal Court of Appeal rendered a decision that would expand eligibility for the DTC far beyond this policy intent[2] by allowing for eligibility of individuals who, because of food allergies or other similar medical conditions, must spend an inordinate amount of time to find, procure and prepare suitable food. Such an expansion of eligibility would result in fewer resources being available to individuals with a severe and prolonged mental or physical impairment.
Inevitably, targeting eligibility of the DTC involves the difficult task of identifying those most in need. Therefore, it is important to ensure that support continues to be provided in accordance with the policy intent of the DTC, which is to provide assistance to those individuals who suffer from a severe and prolonged mental or physical impairment, the effects of which markedly restrict their ability to perform a basic activity of daily living. Draft amendments to clarify DTC eligibility criteria were released on August 30, 2002. The Government has received comments from members of Parliament and other interested parties on these amendments. In this context, the Department of Finance will consult further to develop revised proposals that will be considered for inclusion in the next budget. The objective of this process is not to reduce the Government
One more thing...
Cindy I think your response was fine. The key here is to let the Ministry know that food allergies have as much of an impact on our lives as other disabilities. The only other thing I have seen suggested would be to copy your MP on your response as this has been debated in Parliament and MP's will have to vote for any amendments that are made. If our MP's get emails from constituents they are less likely to support ammendements....
take care
deb
Hi Cindy.
You forgot the wage loss when we have to go to the school when they have screwed up and given our children a peanut product. I have had to do this twice this year and am close to loosing my job.
Renee Waring
Cindy - your reply was great.
You provided CI's such as shopping, food preparing, contacting manufacturers, schooling, limits on finances, social and recreational limitations, improper labeling, etc. This is all so your son does not die. Some allowable disabilities restrict simple enjoyment of life, but don't kill a person. Our disability does this and also kills us. It's more than restricting simple enjoyment of life. They need to get that loud and clear.
You also included the fact that AAIA or Anaphylaxis Canada were overlooked in the consultation progress. Very important that we press them to include AAIA and Anaphylaxis Canada. I am going to write to both and notify them that they were not on the list of consulted parties and query why, and if they intend to respond regardless.
I personally know a Liberal MP who's kids are anaphylactic to peanuts. In addition to sending our response papers to the Ministry, Cindy, Can I have your permission to send your response directly to this particular MP, along with mine - he will fight a good fight I know on this issue, but he can't use his own personal situation as an example.
Anyone else who is sending their papers to the Ministry on this issue who would give me permission to forward their responses to this particular MP, I'd be grateful. Email me off board, and I'll send them directly to him and I know he'll run with our responses.) He is one of those important back benchers that the PM is always complaining about stiring things up, but the clout the back benchers has is phenomenal.
(I feel just a tinge uncomfortable with releasing his name on this board, as I don't have his permission to disclose his kids medical condition.) Hope everyone understands why I didn't blurt out exactly which MP he is.
Hi Syd's Mom
I just also sent an email to Anaphylaxis Canada with the links I have found and suggesting that they should be participating in the review process. I will send you my response which I hope to complete today or tomorrow.
deb
Hi Guys!
Just thought I'd add a little insight. Last year, I submitted a T2201 signed by our supportive allergist, claiming the tax credit for 2001. I also submitted ADJ-1 forms for the years 1994-2000. My daughter was diagnosed with anaphylaxis in 1994 so I sent in those adjustment forms dating back that far in case it was retroactive. They denied all of my claims but only stated it was because the ruling in favour of the family that won their appeal didn't occur until 2002 (although my copy shows otherwise). So, whether or not they intend to allow it from 2002 on, or are still intending to deny it is beyond me. I was simply going to file it again with 2002's taxes.
I just merely wanted you to know that I already tried filing for it, and back-dating it to the diagnosis date, and it was disallowed. Same with another member of our support group. They did not allow for hers either and she went through the proper procedures as well. I certainly hope this will change. We all know exactly how time-consuming and costly this can be.
I didn't quite get a chance to read through everyone's replies, but did anyone also mention the fact that we mostly have to buy name-brand food products as most generic products are unsafe? That is just another argument as to the extra cost we have.
I'm certainly submitting my excuses. Let's keep our fingers crossed!
Michelle :-)
[This message has been edited by Xena66 (edited January 06, 2003).]
Hi Michelle
One thing I have found out with my research over the weekend is that it is apparently very hard to get your claim accepted without appealing the judgement. One man was receiving benefits for years because he lost his leg several years ago and last year he was denied his claim until he resubmitted information from his doctor. yeah, right, I am sure his leg grew back over the past year!!
The site [url="http://www.disabilitytaxcredit.com"]www.disabilitytaxcredit.com[/url] has a lot of info on appealing the judgement.
take care
deb
I got to a reply from Anaphylaxis Canada about this issue:
From: "Jane Salter"
To: [email]craigolympics@yahoo.com[/email]
CC: [email]info@anaphylaxis.ca[/email]
Date: Tue, 28 Jan 2003 00:42:34 -0500
Dear Karen
Just to let you know that we have been debating this ... the time line as
been extended and we will be responding.
Jane Salter
-----Original Message-----
From: [email]info@anaphylaxis.ca[/email]
Sent: Monday, January 06, 2003 10:54 AM
The Ministry of Finance is presently reviewing the criteria for
determining eligibility for the Disability tax credit, partly because of the
Court decision awarding the credit to a person with food allergy.
Will you be responding? You are our support organization and hope you can
respond before the deadline.
Any news regarding this issue? I called my accountant today, and he said that it is a waste of time, because of the questions asked on the T-2201 form.
What should we do? File anyways and put "yes" to all of the questions?
Sandy
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