CRB question (need help)

[Canadavisa92]

Asking for a friend, he doesn't know about this blog yet
What's your insight if he claimed CRB (3 periods) and was found ineligible later on by CRA. However, the agent heard his situation and filed the first application for him.
Do you think the CRA will charge him with fraud or criminal charges? Or that is reserved for people using multiple SINs, fake names etc.

 

[scylla]

Asking for a friend, he doesn't know about this blog yet
What's your insight if he claimed CRB (3 periods) and was found ineligible later on by CRA. However, the agent heard his situation and filed the first application for him.
Do you think the CRA will charge him with fraud or criminal charges? Or that is reserved for people using multiple SINs, fake names etc.

It's hard to say since the details you have provided are limited. Generally speaking, as long as nothing was seriously misrepresented in the application, the worst they can do is ask for the money back.

There has to be something very serious (as you've said, fake SIN, attempt to defraud the program) before criminal charges will be involved.

 

[YVR123]

https://www.canada.ca/en/revenue-agency/services/benefits/recovery-benefit/crb-return-payment.html

 

[Canadavisa92]

It's hard to say since the details you have provided are limited. Generally speaking, as long as nothing was seriously misrepresented in the application, the worst they can do is ask for the money back.

There has to be something very serious (as you've said, fake SIN, attempt to defraud the program) before criminal charges will be involved.

Thank you scylla
He started a full time job (32 hours a week ) in November 2020. Then in January 2021 his contract was cut in half (16 hours a week) and because he was basing all his expenses like rent and others on being full time, he lived from January through March on some saved money and then when he was able to meet the 5k requirement he thought of applying for the CRB. He said that to the agent and the agent asked a couple of questions and then filed it.

By attempt to defraud what does that mean, if you don't mind explaining

 

[Canadavisa92]

https://www.canada.ca/en/revenue-agency/services/benefits/recovery-benefit/crb-return-payment.html

He doesn't know he is ineligible, he just is worrying that what if CRA determined he is

 

[YVR123]

Well, then find out if he is ineligible or not is the first step.
https://www.canada.ca/en/revenue-agency/services/benefits/recovery-benefit/crb-who-apply.html

And it doesn't matter what the "agent" told him. He is responsible (or his friend) to see if he is eligbile to apply.

If he made at least 5000k in 2020
You earned at least $5,000 in 2019, 2020, or in the 12 months before the date you apply .

And the pay is cut in half based on:

The 50% reduction is based on your average weekly employment or net self-employment income from the previous year.

• For periods in 2020, use either 2019 or the previous 12 months
• For periods in 2021, use 2019, 2020, or the previous 12 months

You will need to check that you meet this criteria for every period you apply for.

 

[Canadavisa92]

Well, then find out if he is ineligible or not is the first step.

Based on his conversation with the CRA agent he's okay but he keeps reading online that the agents sometimes are not fully confident and they file anyway.

 

[YVR123]

Thank you scylla
He started a full time job (32 hours a week ) in November 2020. Then in January 2021 his contract was cut in half (16 hours a week) and because he was basing all his expenses like rent and others on being full time, he lived from January through March on some saved money and then when he was able to meet the 5k requirement he thought of applying for the CRB. He said that to the agent and the agent asked a couple of questions and then filed it.

By attempt to defraud what does that mean, if you don't mind explaining

I really don't think he is eligible. Because the 5K requirement is for the 12 months before the date you apply. (or the previous tax year)
And the reduction is also based on previous 12 months or tax year... weekly average.

 

[Canadavisa92]

I really don't think he is eligible. Because the 5K requirement is for the 12 months before the date you apply. (or the previous tax year)

Just before the 2 weeks of application he made 6.5k

 

[YVR123]

Just before the 2 weeks of application he made 6.5k

and currently he is making 50% less averge weekly than previous year weekly average?

 

[Canadavisa92]

and currently he is making 50% less averge weekly than previous year weekly average?

When he started working in Novermber 2020 he was working 32 hours a week, 64 biweekly and making 19 dollars an hour. Now and starting 18th of January 2021 he is working 16 hours a week 32 biweekly and making 17 an hour.
The email he got from his manager stating that this is because they lost a contract to Metrolinx Ontario due to Covid19 and they had to cut his hours

 

[YVR123]

When he started working in Novermber 2020 he was working 32 hours a week, 64 biweekly and making 19 dollars an hour. Now and starting 18th of January 2021 he is working 16 hours a week 32 biweekly and making 17 an hour.
The email he got from his manager stating that this is because they lost a contract to Metrolinx Ontario due to Covid19 and they had to cut his hours

Well, he has to decide and see if CRA will go to him. Everything I see so far is comparing annual average weekly employment.
He is trying to calculate income ONLY when he got this new job. It needs to compare the the whole year... to my understanding. But well, he can wait for CRA to act.

 

[canuck78]

He should be pre prepared to payback the funds.

 

[Canadavisa92]

Well, he has to decide and see if CRA will go to him. Everything I see so far is comparing annual average weekly employment.
He is trying to calculate income ONLY when he got this new job. It needs to compare the the whole year... to my understanding. But well, he can wait for CRA to act.

That's his concern, if they reached out to him, will he be charged, he will soon apply for citizenship (in 7 months or so) and doesn't want anything on record of course.

 

[Canadavisa92]

He should be pre prepared to payback the funds.

Thank you for your reply canuck78
He doesn't mind that and he did specify to the agent that he doesn't want to be getting anything that he isnt Eligible for.
He is just worried it might lead to him being charged and prosecuted