HRDC is using the wrong income for disability financial hardship.... clearly it should be net income not gross as I was told today!
From http://www.mackayco.ca/personal_faq.html
Am I required to make payments during the period of my bankruptcy?
You are required to make payments on a monthly basis only if there is surplus family income. Surplus family income is set out in a schedule prescribed by the Superintendent of Bankruptcy.
The surplus is calculated by taking your ****net income and deducting any prescribed medical expenses,maintenance, and certain other expenses.*****
The directive from the superintendent of bankruptcy is at
http://strategis.ic.gc.ca/SSG/br01055e.html">http://strategis.ic.gc.ca/SSG/br01055e.html
Directive on Surplus Income
6. (2) The family unit's total monthly income shall be determined by subtracting from the total of all its members' monthly incomes the following amounts, as applicable:
(a) In the case of a salaried employee, minimum statutory remittances (income tax, pension and employment insurance deductions) and other mandatory deductions paid; or
(b) in the case of a person who is self-employed, business expenses and deductions as permitted by the Income Tax Act or similar provincial legislation, minimum statutory remittances and instalment tax payments.
6. (3) The family unit's available monthly income is determined by subtracting from the family unit's total monthly income the monthly non-discretionary expenses applicable to the personal and family situations of both the bankrupt and the bankrupt's family unit:
(a) child support payments;
(b) spousal support payments;
(c) child care expenses;
(d) expenses associated with a medical condition;
(e) court-imposed fines or penalties that are in process of being paid;
(f) expenses permitted by the Income Tax Act (or similar provincial legislation) that are a condition of employment; or
(g) any other debt where a stay of proceedings has been lifted by the court, and a recourse authorized.
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