DTC claim query. Married couple has child eligible for DTC removed from their home in November 2016 by child services.

Looking at the TD1 - 2. Canada caregiver amount for infirm children under age 18 – Either parent (but not both), may claim $2,182 for each infirm child born in 2001 or later, that resides with both parents throughout the year. If the child does not reside with both parents throughout the year, the parent who is entitled to claim the “Amount for an eligible dependant” on line 8 may also claim the Canada caregiver amount for that same child who is under age 18.

If the parents can't claim the caregiver amount, as this seems to indicate, would this also preclude them from claiming the DTC transfer? 

And medical expenses paid for the child?

Answer

The Disability Tax Credit can be claimed (regardless of the criteria for the Family Caregiver amount) on its own merit. It has different criteria from the Caregiver Credit. Also the Caregiver credit is different in 2016 and 2017, so be careful which year you are looking at.

If the parents meet the criteria for the Disability Tax Credit claim while the Dependant does not reside with them they can still make the claim. For this they have to be providing the necessities of life, Food, Shelter, Clothing for the child. If they are not, and did not at some time during the tax year, they cannot make the claim.

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