What is the test for an eligible individual to be entitled to claim a disability benefit?
Canada (Federal), Canada
The following excerpt is from Boutin v. The Queen, 2004 TCC 290 (CanLII):
As Lamarre J. stated in Loyer v. Canada, [2001] T.C.J. No. 71 (Q.L.), at paragraph 14: To satisfy the definition of "eligible individual", a taxpayer must meet two cumulative conditions: namely residing with the qualified dependant and primarily fulfilling the responsibility for the care and upbringing of the qualified dependant.
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