# Can you collect CERB while on private Ltd and cpp disability?

**URL:** <https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776>\
**Category:** Uncategorized\
**Created:** [April 28, 2020, 2:57pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776 "2020-04-28T14:57:08Z")\
**Posts on this page:** 10\
**Page:** 1

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**Author:** ![Jackmichelle](https://avatars.discourse-cdn.com/v4/letter/j/54ee81/32.png) [@Jackmichelle](https://forum.resolutelegal.ca/u/Jackmichelle)\
**Post date:** [April 28, 2020, 2:57pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/1 "2020-04-28T14:57:08Z")

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I’m on Ltd and get cpp disability. Although my disability income did not decrease my expenses increased. My 2 children are home full time, both with disabilities and I have another mouth for pay for as another teenager has been quarantined in my home for the last 2 months. My bills have increased and the groceries I’m going thru is off the charts. Trying to keep up with the extra expenses is making me fall short on new and raising situations. Im dealing with day to day for 3 teens, broken appliances, pet problems etc. I’ve applied for and received the cerb, but now I’m really scared that i might need to pay it back, especially because of my Ltd income, which technically isnt declared as income. Thoughts or answers anyone?

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**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\
**Post date:** [April 28, 2020, 5:48pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/2 "2020-04-28T17:48:43Z")

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I can’t apply because I can’t work.  
Even if I could work LTD would deduct my employment income.

> **[Canada Emergency Response Benefit (CERB) - Canada.ca](https://www.canada.ca/en/revenue-agency/services/benefits/apply-for-cerb-with-cra.html#who)**
>
> Learn who was eligible for the Canada Emergency Response Benefit (CERB), if you need to repay, and about CERB debt reduction for students.

> [@](#):
>
> Who can apply  
> To be eligible, you must meet the following requirements:  
> You did not apply for, nor receive, CERB or EI benefits from Service Canada for the same eligibility period  
> You did not quit your job voluntarily  
> You reside in Canada  
> You are 15 years old or more when you apply
> 
> - You earned a minimum of $5,000 (before taxes) income in the last 12 months or in 2019 from one or more of the following sources:
> - employment income
> - self-employment income
> - provincial or federal benefits related to maternity or paternity leave  
> AND  
> You stopped or will stop working due to COVID-19, and:
> 
> ```
> * You are applying for the first time
> * For at least 14 days in a row during the 4-week payment period, you do not expect to receive more than $1,000 (before taxes) from employment and self-employment income
> * You are re-applying for another period
> * You do not expect your situation to change during this 4-week period and you do not expect to receive more than $1,000 (before taxes) from employment and self-employment income
> OR
> * You received regular or fishing EI benefits for at least 1 week since December 29, 2019
> * You are no longer eligible for EI benefits
> 
> ```

My advice would be to limit your expenses.  
If you have to pay it back in a year, deal with it then.  
Do any of your children qualify for it?  
Good luck.

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**Author:** ![Elaine](https://avatars.discourse-cdn.com/v4/letter/e/439d5e/32.png) [@Elaine](https://forum.resolutelegal.ca/u/Elaine)\
**Post date:** [April 28, 2020, 7:10pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/3 "2020-04-28T19:10:34Z")

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> [@Jackmichelle](#):
>
> I’m on Ltd and get cpp disability. Although my disability income did not decrease my expenses increased. My 2 children are home full time, both with disabilities and I have another mouth for pay for as another teenager has been quarantined in my home for the last 2 months. My bills have increased and the groceries I’m going thru is off the charts. Trying to keep up with the extra expenses is making me fall short on new and raising situations. Im dealing with day to day for 3 teens, broken appliances, pet problems etc. I’ve applied for and received the cerb, but now I’m really scared that i might need to pay it back, especially because of my Ltd income, which technically isnt declared as income. Thoughts or answers anyone?

As I understand CERB is not going to affect your CPP disability because it is not an employment income. This is what Service Canada representative told me.

But did you earn $5,000 in the last 12 month? Did your LTD insurer let you work? Because if you didn’t earn this amount then Service Canada or CRA will ask you to give CERB back.

CERB can be deducted from your LTD payments if your insurance policy say so. But on the other hand CERB is a new benefit and there is no mentioning of it in old policies.

If your LTD is not taxable then it’s not visible to CRA or Service Canada because it is not included in your tax return.

Here you have to make sure you earned $5,000 in the last 12 month and deal with your LTD insurer.

If you collect CERB and don’t tell your LDT provider and if one day they’ll find out about it then they may ask you give this benefit to them. But you’ll have to make sure that they have the right to do so.

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**Author:** ![Jackmichelle](https://avatars.discourse-cdn.com/v4/letter/j/54ee81/32.png) [@Jackmichelle](https://forum.resolutelegal.ca/u/Jackmichelle)\
**Post date:** [April 28, 2020, 7:56pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/4 "2020-04-28T19:56:05Z")

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Ty for your email.  
My Ltd is Not taxable. I am allowed to make 5000. I have made money doing online work last year but I did not need to report anything as it was below 5000. I was told that unearned income is still considered income and cppd would fall into that category. It’s so confusing as some of the rules apply to me and others do not. Also cerb is not considered earned income so I dont know if Ltd can take it from me. I wish the gov would clarify this for the thousands of us in this conundrum. Thought?

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**Author:** ![Elaine](https://avatars.discourse-cdn.com/v4/letter/e/439d5e/32.png) [@Elaine](https://forum.resolutelegal.ca/u/Elaine)\
**Post date:** [April 28, 2020, 8:22pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/5 "2020-04-28T20:22:49Z")

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> [@Jackmichelle](#):
>
> I am allowed to make 5000.

Do you mean your LTD provider allows you to work and make $5,000?

> [@Jackmichelle](#):
>
> I was told that unearned income is still considered income

Do you mean you earned cash?

> [@Jackmichelle](#):
>
> I wish the gov would clarify this for the thousands of us in this conundrum.

The government won’t be able to answer this question. Only your LTD provider can. You’ll have to read a copy of your LTD policy to find out. You can request it from your insurer.

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**Author:** ![allyoops](https://avatars.discourse-cdn.com/v4/letter/a/919ad9/32.png) [@allyoops](https://forum.resolutelegal.ca/u/allyoops)\
**Post date:** [April 29, 2020, 7:04pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/6 "2020-04-29T19:04:49Z")

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Are you saying that the CPP disability can count as making at least 5000 last year? Or does your LTD allow you to make up to 5000 and not have any clawback?

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**Author:** ![Jackmichelle](https://avatars.discourse-cdn.com/v4/letter/j/54ee81/32.png) [@Jackmichelle](https://forum.resolutelegal.ca/u/Jackmichelle)\
**Post date:** [April 29, 2020, 10:48pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/7 "2020-04-29T22:48:36Z")

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My Ltd dont let me make anything, but cppd u can make up to 5800. Its contradictory. One cancels the other out. All I know is that the cerb is NOT considered earned income. With that being said, can we apply?? Catch 22 here. I think its discriminatory. Every situation is different in peoples household. Who’s to say I dont deserve help but you do! Obviously if u apply u need help. It’s so new and is not listed in the Ltd rules of income to be reported. It’s a beneifit not earned income. If anyone can answer this it would be helpful. There are thousands of people in this situation where help is there (cerb) but you get ur knuckles smacked if u accept it.

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**Author:** ![David\_Brannen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.resolutelegal.ca/david_brannen/32/2_2.png) [@David\_Brannen](https://forum.resolutelegal.ca/u/David_Brannen)\
**Post date:** [April 30, 2020, 1:30am UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/8 "2020-04-30T01:30:26Z")

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> [@Jackmichelle](#):
>
> I’ve applied for and received the cerb, but now I’m really scared that i might need to pay it back, especially because of my Ltd income, which technically isnt declared as income. Thoughts or answers anyone?

I have a blog article coming out on this topic. The long and the short of it is that the CERB is only intended for people who had to stop working because of COVID-19. It can also be paid as an alternative to people who also qualify for EI regular or sick benefits (because it can be processed more quickly and the EI system is bogged down).

The vast majority of people already receiving CPP and LTD (or who had open claims) as of March 2020 will not qualify for CERB. A person receiving CPP or LTD (or who had applied) could only qualify if they also worked part time and lost that job because of COVID-19. This would need to be a documented job were the income can be independently verified.

Service Canada is approving pretty much anyone who applies, but they will do an accounting of everything once the crisis ends. They are taking people’s word that they meet the criteria and unfortunately many people are wrong, or are attesting to facts that are not true. People are going to have to pay it back and in come cases there may be fines or even fraud charges in the most extreme cases.

I am not trying to cause panic for people who applied and are getting the CERB, but I strongly urge anyone who applied in good faith to contact Service Canada and advise it may have been done in error. You will have to pay it back at some point and I expect LTD insurance companies will seize on this as evidence of dishonesty to use against people in their LTD claims as well.

* * *

**David Brannen**

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please [click here](https://www.resolutelegal.ca/free-consultation/) to request a free consultation **or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.**

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**Author:** ![NILI](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.resolutelegal.ca/nili/32/243_2.png) [@NILI](https://forum.resolutelegal.ca/u/NILI)\
**Post date:** [July 31, 2020, 6:46pm UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/9 "2020-07-31T18:46:46Z")

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So, I just got off the phone with CRA. I receive CPP disability as well as Long Term Disability benefits. The agent told me that I am NOT eligible to receive CERB while receiving disability benefits. Simply put, DO NOT apply for CERB if you receive disability benefits.

Also, I called Service Canada regarding the one-time payment of $600 for people with disabilities. The agent told me that the one-time payment will be issued “sometime in the Fall.” However, if I understood correctly, you must have a disability tax credit certificate on file with CRA in order to receive this one-time payment. I applied for the disability tax credit and was deemed eligible. I advise people with disabilities to apply for the disability tax credit. Complete Form T2201 and submit as soon as possible. This link may be helpful…

> **[Disability tax credit (DTC) - Canada.ca](https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit.html)**
>
> The disability tax credit (DTC) is a non-refundable tax credit that helps people with impairments, or a supporting family member, reduce the amount of income tax they may have to pay.

Hope this information helps.

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**Author:** ![David\_Brannen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.resolutelegal.ca/david_brannen/32/2_2.png) [@David\_Brannen](https://forum.resolutelegal.ca/u/David_Brannen)\
**Post date:** [August 1, 2020, 12:37am UTC](https://forum.resolutelegal.ca/t/can-you-collect-cerb-while-on-private-ltd-and-cpp-disability/2776/10 "2020-08-01T00:37:51Z")

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> [@NILI](#):
>
> you must have a disability tax credit certificate on file with CRA in order to receive this one-time payment.

Yes this is correct

> [@NILI](#):
>
> The agent told me that I am NOT eligible to receive CERB while receiving disability benefits. Simply put, DO NOT apply for CERB if you receive disability benefits.

Yes, 100% this is correct. To qualify for CERB you must have lost your employment due to COVID 19. If you are on disability claim you have lost your job due to disability (not COVID)…unless of course your disability is a direct result of being infected with COVID.

* * *

**David Brannen**

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please [click here](https://www.resolutelegal.ca/free-consultation/) to request a free consultation **or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.**
