NEWFOUNDLAND AND LABRADOR REGULATION 53/23

NLR 144/04
as amended

1. Paragraph 2(i) of the Income and Employment Support Regulations is repealed and the following substituted:

(i) "support trust" means a trust fund

(i) established for the use and benefit of a person requiring supportive services as defined in paragraph (g), and

(ii) established and maintained in a manner and under terms and conditions that the minister may establish or approve; and

2. Subsection 4(3) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the recipient".

3. (1) Subsection 5(1) of the regulations is repealed and the following substituted:

Information which may be required to assess or review eligibility

5. (1) An applicant or recipient shall, where required for an assessment of the applicant's or recipient's eligibility for income support, provide the following:

(a) proof of the applicant's or recipient's personal information which may be required by an officer;

(b) information regarding the applicant's or recipient's citizenship or residency status, including whether the applicant or recipient is a landed immigrant or a refugee claimant;

(d) proof of the identity of all adults and dependents residing in the home and their relationship to the applicant or recipient;

(e) verification of whether the applicant or recipient is renting, boarding or has responsibility for a mortgage and the length of time for which the applicant or recipient has been boarding or renting; and

(f) other information that may be required to assess eligibility as determined by an officer

and the information required under this section shall be used for the purpose for which it was obtained and for no other purpose.

(2) Subsection 5(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the recipient's".

(3) Subsection 5(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the officer's".

4. (1) Paragraph 6(1)(b) of the regulations is amended by deleting the words "the applicant, his or her" and substituting the words "the applicant or the applicant's".

(2) Paragraph 6(2)(c) of the regulations is amended by deleting the number "60" and substituting the number "30".

(3) Subsection 6(3) of the regulations is repealed and the following substituted:

(3) Where an officer has assessed an application under subsection (2) and has determined that the applicant is

(a) eligible for income support, the officer shall issue income support to the applicant according to the Act, these regulations, and any policies, procedures and service standards established by the minister; or

(b) not eligible for income support, the officer shall inform the applicant of the date upon which the applicant may become eligible, as determined by the officer, and of the right to request an internal review of the determination of ineligibility and, pending the outcome of the internal review, of the right to appeal under the authority of the Act and these regulations.

5. (1) Paragraph 7(1)(f) of the regulations is amended by deleting the words "his or her" and substituting the words "the applicant's or recipient's".

(2) Subsection 7(2) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the word "the".

6. (1) Subparagraph 8(a)(i) of the regulations is amended by deleting the words "his or her" and substituting the words "an applicant's or recipient's".

(2) Subparagraph 8(a)(ii) of the regulations is amended by deleting the words and reference "referred to in subsection 25(3)".

(3) Paragraph 8(a) of the regulations is amended by deleting the word "or" at the end of subparagraph (xx), deleting the semi-colon at the end of subparagraph (xxi) and substituting a comma and the word "or" and by adding immediately after that subparagraph the following:

(xxii) scholarships or bursaries.

(4) Subparagraph 8(b)(vi) of the regulations is repealed and the following substituted:

(vi) Registered Retirement Savings Plans for the value described in subsection 26(3),

(5) Subparagraph 8(b)(viii) of the regulations is repealed and the following substituted:

(viii) funds held in a support trust;

(6) Subparagraph 8(c)(i) of the regulations is amended by deleting the words "his or her" and substituting the words "the applicant's or recipient's".

(7) Subparagraph 8(c)(ii) of the regulations is repealed.

(8) Subparagraph 8(c)(viii) of the regulations is amended by deleting the words "his or her" and substituting the word "an".

(9) Subparagraph 8(d)(v) of the regulations is repealed.

7. Section 9 of the regulations is repealed and the following substituted:

Determining eligibility of applicant

9. (1) A person shall, in accordance with section 13 of the Act, pursue all other financial resources available to the person or the person's spouse or cohabiting partner as a condition of eligibility for income support.

(2) An applicant’s eligibility for income support shall be determined based on an examination of the applicant's liquid assets and if those assets exceed the limits referred to in section 26, the applicant shall not be eligible for income support.

(3) Where an applicant’s liquid assets do not exceed the limits referred to in section 26, an applicant’s eligibility for income support shall be determined by evaluating the applicant's financial situation for the 30 days preceding the date of application according to the following formula:

BR + (.40 x BR) + CBA is ≥ I - D

Where:

BR = the amount for maintaining a residence referred to in subsection 13(1), plus the amount for shelter referred to in paragraph 16(1)(a) or (b) if applicable, for the 30 day period before the date of application, or the amount referred to in subsection 14(1) or (2) for the 30 day period before the date of application;

CBA = a child benefit adjustment referred to in paragraph 19(1)(g) if the applicant is entitled to it;

I = the applicant’s total net income calculated according to paragraphs 8(c) and 8(d) minus the deduction for expenses incurred in earning that income referred to in section 11; and

D = the deduction referred to in section 11.

(4) An applicant who is not entitled to income support according to subsection (3) may be reconsidered on the date on which the applicant's income during the preceding 30 days has decreased to the level set out in subsection (3).

(5) Notwithstanding another provision of this section, where an applicant is applying for income support due to job action at the workplace, the applicant shall not be eligible for income support.

8. Subsection 10(2) of the regulations is amended by

(a) deleting the words "his or her" and substituting the words "the recipient's"; and

(b) deleting the reference "sections 25 and 26" and substituting the reference "section 26".

9. Paragraph 12(c) of the regulations is repealed.

10. (1) Section 16 of the regulations is amended by

(a) deleting the amount "$149" wherever it appears and substituting the amount "$299";

(b) deleting the amount "$372" wherever it appears and substituting the amount "$522"; and

(2) Subsection 16(4) of the regulations is repealed.

11. Section 17 of the regulations is amended by deleting the words "he or she" and substituting the words "the applicant or recipient".

12. Subsection 18(4) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

13. (1) Paragraph 19(1)(f) of the regulations is amended by deleting the words "applicant and his or her" and substituting the words "applicant or recipient and the applicant's or recipient's".

(2) Subparagraph 19(1)(m)(ii) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

(3) Paragraph 19(2)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the recipient".

14. Subsection 20(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the recipient's".

15. Paragraph 22(1)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the applicant".

16. Paragraph 23(1)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the applicant".

17. Subsection 24(1) of the regulations is amended by deleting the words "his or her" and substituting the words "that recipient's".

18. Section 25 of the regulations is repealed and the following substituted:

Support trust

25. An officer may grant income support to an applicant or recipient over the age of 18 years who requires supportive services and for whose use and benefit there is a support trust.

19. (1) Subsection 26(1) of the regulations is repealed and the following substituted:

Maximum permissible liquid assets

26. (1) An officer may grant income support to an applicant or recipient where the applicant's or recipient's liquid assets do not exceed the following maximum permissible limits:

(a) for one person, $6,000; and

(b) for 2 or more people, combined liquid assets of $11,000.

(2) Subsection 26(3) of the regulations is repealed and the following substituted:

(3) Notwithstanding subsection (1), Registered Retirement Savings Plans owned by an applicant or recipient with a cumulative value of $20,000 or less are exempt from the other provisions of this section.

(4) Where an applicant or recipient owns Registered Retired Savings Plans with a cumulative value greater than $20,000, the value of the Registered Retirement Savings Plans in excess of $20,000 shall, where the Registered Retirement Savings Plans may be liquefied, be considered a liquid asset.

20. (1) Paragraph 27(3)(a) of the regulations is amended by deleting the words "his or her" and substituting the words "the deceased person's".

(2) Paragraph 27(3)(c) of the regulations is amended by deleting the words "his or her".

(3) Subsection 27(5) of the regulations is amended by deleting the words "his or her".

21. Subsection 31(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the applicant or recipient".

22. (1) Paragraph 34(2)(d) of the regulations is repealed and the following substituted:

(d) the applicant’s qualifications and employment background, including education, training, the location and circumstances of the applicant's last work experience and any transferable skills the applicant may have;

(2) Paragraph 34(2)(e) of the regulations is amended by deleting the words "his or her" and substituting the words "the applicant's".

(3) Paragraph 34(2)(f) of the regulations is amended by deleting the words "his or her" and substituting the word "an".

23. Paragraph 35(1)(c) of the regulations is amended by deleting the words "him or her" and substituting the words "the applicant".

24. Subsection 36(2) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the word "the".

25. Subsection 37(5) of the regulations is repealed and the following substituted:

(5) The employer in a wage subsidy program solely determines whether to employ an eligible applicant or recipient.

26. Subsection 41(1) of the regulations is amended by deleting the words "his or her" and substituting the words "the applicant's or recipient's".

27. (1) Subsection 44(1) of the regulations is amended by deleting the words "his or her" and substituting the words "the recipient's".

(2) Paragraph 44(3)(c) of the regulations is amended by deleting the words "his or her" and substituting the words "the recipient's".

(3) Subsection 44(6) of the regulations is amended by deleting the words "he or she" and substituting the words "the recipient".

28. (1) Subparagraph 46(3)(b)(ii) of the regulations is amended by deleting the words "himself or herself" and substituting the word "themself".

(2) Paragraph 46(4)(b) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the word "the".

29. Section 47 of the regulations is amended by deleting the words "his or her" and substituting the words "the applicant's or recipient's".

30. Paragraph 48(2)(g) of the regulations is amended by deleting the words "his or her" and substituting the word "the".

31. Subsection 50(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's".

32. Paragraph 56(2)(f) of the regulations is amended by deleting the words "his or her" and substituting the words "the applicant's or recipient's".

Commencement

33. These regulations come into force on July 1, 2023.