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Newfoundland Regulation 1997


NEWFOUNDLAND REGULATION 30/97

NEWFOUNDLAND REGULATION 30/97

Social Assistance Regulations (Amendment)
under the
Social Assistance Act
(O.C. 97-189)

(Filed April 1, 1997)

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, March 27, 1997.

Wayne Green
for the Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Maximum monthly assistance

        3.   S.11 Amdt.
Determination of assistance

        4.   S.12 Amdt.
Liquid assets

        5.   S.22 R&S
Evidence required

        6.   S.23 R&S
Non-entitlement


CNR 1027/97
as amended

        1. (1) Section 2 of the Social Assistance Regulations is amended by adding after paragraph 2(d) the following:

          (d.1)  "employable single parent family" means a family where the single parent is able-bodied and has no children under the age of 2 years;

             (2)  Subparagraph 2(i)(iii) of the regulations is repealed and the following substituted:

                    (iii)  in the case of a family of 2 or more persons that has been granted social assistance for a reason other than unemployment and in the case of an employable single parent family, 50% of all allowable income over $30 a month and 100% of all allowable income over $200 a month,

             (3)  Subparagraph 2(i)(v) of the regulations is repealed and the following substituted:

                     (v)  in the case of a family of 2 or more person whose only claim to social assistance is unemployment excluding the case of an employable single parent family, 50% of all allowable income up to $200 a month and 100% of all allowable income over $200 a month,

             (4)  Paragraph 2(i) of the regulations is amended by deleting the semi-colon and the word "and" at the end of subparagraph (xiii) and substituting a comma and by adding immediately after subparagraph (xiii) the following:

                  (xiv)  payments received under the Canada-Newfoundland Student Loan Program and designated for living expenses,

             (5)  Subsection (4) comes into force on September 1, 1997.

        2. (1) Subparagraphs 6(1)(b)(i) and (ii) of the regulations are repealed and the following substituted:

                      (i)  in respect of an adult, up to $149,

                     (ii)  in respect of a family, up to $372, and

                    (iii)  where an adult remains alone in his or her home and where the adult was in receipt of social assistance in accordance with subparagraph (ii) for a period of at least 6 months prior to the adult being alone, in respect of the adult, up to $372;

             (2)  Paragraph 6(1)(h) of the regulations is repealed and the following substituted:

             (h)  for fuel to an adult or family residing in Labrador the amount of $45;

             (3)  Paragraph 6(1)(i) of the regulations is repealed and the following substituted:

              (i)  for fuel to an adult or family residing on the island portion of the province the amount of $25;

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

             (3)  With regard to rent,

             (a)  where an adult lives alone in a rented room or apartment, the maximum monthly social assistance that may be granted by an officer of the department is $149 except where the adult is renting from a relative (which in this subsection means a parent, a grandparent, a child or a grandchild of a recipient) in which case the maximum monthly social assistance that may be granted is $100;

             (b)  where a family lives alone in a rented room or apartment, the maximum monthly social assistance that may be granted by an officer of the department is $372 except where the family is renting from a relative in which case the maximum monthly social assistance that may be granted is $225; and

             (c)  notwithstanding paragraph (a), where an adult remains alone in a rented room or apartment and where the adult was in receipt of social assistance in accordance with paragraph (b) for a period of at least 6 months prior to the adult being alone, in respect of the adult, the maximum monthly social assistance that may be granted is the rate specified in paragraph (b).

             (5)  Subsections (2) and (3) come into force on September 1, 1997.

        3. Section 11 of the regulations is amended by adding after subsection (2) the following:

          (2.1)  Notwithstanding subsection 11(2), where a single able-bodied adult under the age of 21 years is applying for board and lodging, clothing and personal care and where the adult is boarding with a relative, the financial resources of the applicant’s parents shall be considered in determining the amount of social assistance to be granted.

        4. (1) Paragraph 12(1)(a) of the regulations is amended by striking out the amount "$2,500" and substituting the amount "$1,500".

             (2)  Paragraph 12(1)(b) of the regulations is amended by striking out the amount "$5,000" and substituting the amount "$2,500".

        5. Section 22 of the regulations is repealed and the following substituted:

Evidence required

      22. Social assistance shall not be granted to a person on behalf of himself or herself or on behalf of a family unless that person

             (a)  produces for an officer of the department an itemized statement of his or her income for the preceding 60 days and that statement must be verified where possible; and

             (b)  completes the application or other forms as the minister may approve and provides the evidence and proof of his or her claim for social assistance as the minister may require.

        6. Section 23 of the regulations is repealed and the following substituted:

Non-entitlement

     23. (1) An applicant is not entitled to social assistance where, for the 60 days preceding the date of his or her application for social assistance, his or her net income exceeds the social assistance rates for the corresponding period as specified in paragraph 6(1)(a) plus the exemption allowed under subparagraphs 2(i)(iv) and (v), but where the applicant and his or her family are occupying a rented apartment or rented house or where the applicant and his or her family are occupying a house owned by the applicant that is subject to a mortgage, an amount up to but not exceeding the rates for the corresponding period specified in the social assistance regulations may be added.

             (2)  An applicant who is not entitled to social assistance in accordance with subsection (1) may be reconsidered on the date on which his or her income during the past 60 days has decreased to the level set out in subsection (1).