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Newfoundland Regulation 1996


NEWFOUNDLAND REGULATION 82/96

NEWFOUNDLAND REGULATION 82/96

Social Assistance Regulations (Amendment)
under the
Social Assistance Act
(O.C. 96‑734)

Under the authority of section 30 of the Social Assistance Act, the Lieutenant‑Governor in Council makes the following regulations.

Dated at St. John's, August 23, 1996.

A. Faour
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.8.1 Added
Maximum amount of paid home support


CNR 1027/96

        1. The Social Assistance Regulations are amended by adding the following immediately after section 8:

Maximum amount of paid home support

     8.1 (1) In this section

             (a)  "emergency situation" means those circumstances where

                      (i)  sufficient family support and intervention is not available,

                     (ii)  a person is incapable of remaining in his or her current residence without paid home support, and

                    (iii)  the costs associated with paid home support do not exceed those costs associated with other available residential options; and

             (b)  "paid home support" means social assistance which is granted under section 8.

             (2)  Notwithstanding section 8, an officer of the department shall not grant paid home support after August 31, 1996, unless that officer believes that an emergency situation exists.

             (3)  Subsection (2) shall not apply to a recipient who was granted paid home support immediately before September 1, 1996.

             (4)  Notwithstanding section 8, the maximum monthly amount of paid home support which may be granted by an officer of the department to a recipient is $3,000.

             (5)  Subsection (4) shall not apply to a recipient where the recipient's monthly amount of paid home support exceeded $3,000 immediately before September 1, 1996.

             (6)  Paid home support shall be reduced by 10%, where

             (a)  the recipient is a person to which paid home support was granted before September 1, 1996;

             (b)  the recipient receives a monthly amount of paid home support in excess of $500; and

             (c)  the recipient is not a person receiving 24 hours of paid home support daily.

             (7)  Whether or not a reduction is made under subsection (6), a recipient of paid home support in excess of $3,000 shall be reassessed, and the paid home support granted to that recipient shall be reduced where an officer of the department believes that the reduction in paid home support will not place that recipient at risk.

             (8)  A reduction in paid home support made under subsection (7) shall, where possible, reduce a recipient's monthly amount of paid home support to a maximum of $3,000.

             (9)  Notwithstanding subsection (6), where the minister believes that a reduction in paid home support would place a recipient at risk, the minister may exempt that recipient from the operation of subsection (6).

           (10)  Subsection (6) shall be considered to come into force on July 15, 1996.