The Henson Trust: Providing Financial Security for Those with Special Needs

When considering the arrangements for managing an individual’s finances and assets after their passing, it is vital to be aware of the existence of the Henson Trust. This type of trust helps ensures that people with disabilities or special needs can still have money to take care of them without losing their government benefits. It’s named after a court case in Canada and can help families take care of their loved ones in a smart way.

 

How the Henson Trust Started: A Big Court Case

The case revolved around Marguerite Henson and her daughter Audrey. Audrey faced challenges due to a disability, requiring additional assistance. Marguerite’s concern was ensuring that Audrey’s financial well-being was secure even after Marguerite’s passing. However, Marguerite didn’t want Audrey’s ability to receive government assistance to be compromised.

In its ruling, the court determined that the funds held in a special trust for Audrey shouldn’t be considered as her personal assets. This crucial decision allowed Audrey to maintain her eligibility for government support despite having funds saved. This ruling set a precedent that provided guidance for other families in similar situations, enabling them to also ensure the welfare of their loved ones without jeopardizing their access to government assistance.

 

What the Henson Trust Does and How It Helps

A Henson Trust presents a distinct method of setting aside funds for an individual who requires additional assistance due to a disability. Unlike conventional savings approaches, the beneficiary of the funds does not retain control over them. Instead, a designated trustee assumes the responsibility of determining the timing and way the funds are utilized to benefit the individual. This approach is intended to prevent the funds from being considered the individual’s personal assets, thus enabling them to maintain eligibility for government assistance.

Several advantageous aspects of a Henson Trust encompass:

  1. Keeping Government Benefits: The best thing about this trust is that it lets people get government help even if they have some money saved up. This way, they can have a better life without losing important benefits.
  2. Extra Support: The trust gives extra funds to the person who needs it. This can be used for things like medical bills, a place to live, education, and fun activities that make life better.
  3. Someone You Trust Takes Care: A trustee is chosen to look after the money in the trust. They make sure the money is used in the best way for the person who needs help.
  4. Different Ways to Save: Families can put money into the trust from things like insurance, investments, property, or other valuable things.

 

Things to Think About When Using a Henson Trust

Using a Henson Trust needs careful thinking and planning. Here are some important things to know:

  1. Choosing the Right Trustee: The trustee is a big part of the trust. They’re the ones who take care of the money and decide how to spend it. It’s important to choose someone who knows what the person with special needs really needs and can make good choices.
  2. Making Clear Plans: Establishing Clear Strategies: The documentation that forms the basis of the trust must exhibit utmost clarity. This ensures that all parties involved are well-informed about the intended course of action concerning the funds, thus eliminating any potential confusion.
  3. Regular Evaluation and Revisions: Given that circumstances can evolve, it’s prudent to periodically review the trust to ensure it remains suitable for the individual requiring assistance.
  4. Seeking Expert Advice: Engaging in discussions with a specialized attorney or financial advisor can be tremendously advantageous. Their expertise in matters related to these types of trusts can provide invaluable guidance to families, aiding them in making well-informed decisions.

 

The Henson Trust offers families a unique way to ensure that their family members with disabilities or distinct needs possess the financial resources necessary for a quality life. This trust plays a crucial role in maintaining government support while also offering supplementary funds for essential expenditures. It’s important for families to engage in meticulous planning, select an appropriate trustee, and seek guidance from experts to establish a future that is both secure and fulfilling for their special loved ones.

Empowering Your Family’s Financial Future: A Comprehensive Guide to Budgeting

Taking charge of your family’s financial well-being through effective budgeting is a crucial step in securing a brighter future. We’ll explore the significance of budgeting and provide practical tips to help you manage your money wisely while ensuring the best possible support for your loved ones, including those with disabilities and their Registered Disability Savings Plan (RDSP).

Why Budgeting Matters for Families

Budgeting is a powerful financial tool that holds importance for all families:

  1. Financial Clarity: It offers a clear overview of your family’s income and expenses, helping you make informed decisions about allocating funds.
  2. Goal Achievement: Budgeting helps you allocate funds not only for your loved one’s RDSP but also for other family financial goals, such as saving for education or a home.
  3. Expense Control: It identifies areas where you can cut back on expenses, freeing up money for your family’s financial priorities.
  4. Debt Reduction: By tracking spending, you can allocate extra funds to pay down debt faster, ensuring your family’s financial stability.
  5. Emergency Preparedness: A budget provides a financial safety net for unexpected expenses, which can be especially critical for families with additional financial responsibilities.

Steps to Effective Budgeting for Families

  1. Calculate Income: Determine your total monthly income, including salaries, government benefits, and any disability-related support for your loved one.
  2. List Expenses: Categorize expenses into fixed (e.g., housing, utilities) and variable (e.g., groceries, entertainment).
  3. Set Financial Goals: Define short-term and long-term financial goals for your family, ensuring that your loved one’s RDSP contributions are part of the plan.
  4. Create a Budget: Use budgeting tools or apps to allocate income to expenses, savings, and financial goals without exceeding your income.
  5. Monitor and Adjust: Regularly track spending against your budget, making necessary adjustments to ensure your family’s financial health.

Tips for Successful Budgeting

  1. Be Realistic: Set achievable goals and create a budget that accommodates your family’s unique needs, including the financial responsibilities associated with the RDSP.
  2. Prioritize Savings: Ensure that contributing to your loved one’s RDSP is a top financial priority, but don’t forget to save for other family goals too.
  3. Emergency Fund: Maintain an emergency fund to cover unexpected expenses, which can benefit all family members.
  4. Review and Cut Expenses: Periodically review expenses to find areas where you can save and allocate more funds to your family’s financial priorities.
  5. Pay Yourself First: Treat savings, including RDSP contributions, as non-negotiable expenses, just like other essential bills.
  6. Seek Professional Advice: Consult a financial advisor who specializes in disability-related financial planning for tailored guidance.

Budgeting is your family’s pathway to financial security and ensuring a brighter financial future. By budgeting wisely and prioritizing your loved one’s financial well-being, you can control your family’s finances, reduce stress, and work towards a future filled with financial peace of mind. Remember, financial success for families means making informed choices that align with your values and aspirations. Start budgeting today to achieve financial wellness for your entire family, balancing the needs of all family members, including those who rely on the support of the RDSP.

Highlights of the 2020 Federal Fall Economic Statement | Additional $20,000 CEBA loan available now

On November 30, Finance Minister Chrystia Freeland provided the government’s fall economic update. The fall economic update provided information on the government’s strategy both for dealing with the COVID-19 pandemic and its plan to help shape the recovery. We’ve summarized the highlights for you.

Corporate Tax Changes

Information on several subsidy programs was included in the update. These changes apply from December 20, 2020 to March 13, 2021.

  • The government has provided an increase in the Canada Emergency Wage Subsidy (CEWS) to a maximum of 75% of eligible wages.

  • If you are eligible for the Canada Emergency Rent Subsidy (eligibility is based on your revenue decline), you can claim up to 65% of qualified expenses.

  • The Lockdown Support Subsidy has also been extended – if you are eligible, you can receive a 25% subsidy on eligible expenses.

Also, there were two other significant corporate tax changes:

  • Starting January 1, 2022, the government plans to tax international corporations that provide digital services in Canada if no international consensus on appropriate taxation has been reached.

  • The tax deferral on eligible shares paid by a qualifying agricultural cooperative to its members has been extended to 2026.

Personal Tax Changes

The following personal tax changes were included in the update:

  • The update confirmed the government’s plan to impose a $200,000 limit (based on fair market value) on taxing employee stock options granted after June 2021 at a preferential rate. Canadian-controlled private corporations (CCPCs) are not subject to these rules.

  • If you started working from home due to COVID-19, you could claim up to $400 in expenses.

  • The Canada Child Benefit (CCB) has temporarily been increased to include four additional payments. Depending on your income, you could receive up to $1200.

  • Additional modifications were proposed to how the “assistance holdback” amount is calculated for Registered Disability Savings Plans (RDSP). The goal of these modifications is to help RDSP beneficiaries who become ineligible for the Disability Tax Credit after 50 years of age.

Indirect Tax Changes

GST/HST changes impacting digital platforms were included in the update. They will be applicable as of July 1, 2021:

  • Foreign-based companies that sell digital products or services in Canada must collect and remit GST or HST on their taxable sales. Also, foreign vendors or digital platform operators with goods for sale via Canadian fulfillment warehouses must collect and remit GST/HST.

  • Short-term rental accommodation booked via a digital platform must charge GST/HST on their booking. The GST/HST rate will be based on the province or territory where the short-term accommodation is located.

And some good news on a GST/HST removal! As of December 6, and until further notice, the government will not charge GST/HST on eligible face masks and face shields.

The Takeaway

A lot of changes came out of the fall update – and you may be feeling overwhelmed. But help is at hand!

Contact us to learn more about how these changes could impact your personal and business finances.


Canada Emergency Business Account (CEBA) $20,000 expansion available now

The Government of Canada website has been updated with the new CEBA requirements and deadlines:

  • As of December 4, 2020, CEBA loans for eligible businesses will increase from $40,000 to $60,000.

  • Applicants who have received the $40,000 CEBA loan may apply for the $20,000 expansion, which provides eligible businesses with an additional $20,000 in financing.

  • All applicants have until March 31, 2021, to apply for $60,000 CEBA loan or the $20,000 expansion.

Apply online at the financial institution your business banks with:

To get the full details: