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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 72/99

NEWFOUNDLAND REGULATION  72/99

Social Assistance Regulations (Amendment)
under the
Social Assistance Act
(O.C. 99-391)

(Filed August 17, 1999)

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 9, 1999.

G. Norris
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.2 Amdt.
Definitions

         3   S.6 Amdt.
Maximum monthly
assistance

        4.   S.11 Amdt.
Determination of assistance

        5.   S.22.1 Added
Application required

        6.   S.23 Amdt.
Non-entitlement

        7.   S.27 Amdt.
Suspension of payment

        8.   Commencement


CNR 1027/96
as amended

        1. (1) Paragraph 2(b) of the Social Assistance Regulations is repealed and the following substituted:

             (b)  "allowable income" means salary and wages of the applicant and his or her spouse, including income obtained from self-employment and with respect to board and lodging income, shall be assessed based on 20% of the receipts from board and lodging income from a boarder who is not a relative, and that receipt shall not be less than an amount contemplated by paragraphs 6(1)(c) and (d);

             (2)  Paragraph 2(e) of the regulations is amended by deleting the word "or" at the end of subparagraph (ii), by deleting the semi-colon at the end of subparagraph (iii) and substituting a comma and the word "or" and by adding immediately after that subparagraph the following:

                    (iv)  income from interest from cash in a bank, stocks, bonds or dividends from a corporation;

             (3)  Paragraph 2(g) of the regulations is amended by adding immediately after the word "corporations" a comma and the phrase "other than Registered Education Savings Plans".

             (4)  Subparagraph 2(i)(ii) of the regulations is repealed and the following substituted:

                     (ii)  in the case of a single adult who has been granted social assistance, all allowable income over $75 per month,

             (5)  Subparagraphs 2(i)(iii), (iv), (v) and (vii) of the regulations are repealed.

             (6)  Subparagraph 2(i)(xv) of the regulations is repealed and the following substituted:

                   (xv)  in the case of 2 or more persons who are included in the social assistance amount granted to a family, regardless of the reason for assistance, all allowable income over $150 a month; and

             (7)  Section 2 of the regulations is amended by renumbering it as subsection 2(1) and by adding immediately after that subsection the following:

             (2)  For the purpose of paragraph 2(1)(b) only, "relative" includes a son, daughter, mother, father, grandmother and grandfather.

        2. (1) Paragraph 2(1)(e) of the regulations is amended by deleting the word "or" at the end of subparagraph (iii), by deleting the semi-colon at the end of subparagraph (iv) and substituting a comma and the word "or" and by adding immediately after that subparagraph the following:

                     (v)  the Newfoundland and Labrador child benefit;

             (2)  Subparagraph 2(1)(i)(i) of the regulations is amended by adding immediately after the word "spouse" the phrase "or to his or her dependent children".

 

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

             (a)  a family or single benefit for clothing, personal care, fuel, household maintenance and utilities

 

1 adult

with no dependent children

$409

1 adult

with dependent children

539

2 adults

with or without dependent children

578

3 adults

with or without dependent children

671

4 adults

with or without dependent children

764

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

             (c)  where the landlord or landlady is not a relative, for shelter, food, clothing and personal care

 

1 adult

with no dependent children

$387

1 adult

with dependent children

539

2 adults

with or without dependent children

578

3 adults

with or without dependent children

671

4 adults

with or without dependent children

764

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

             (d)  where the landlord or landlady is a relative, for shelter, food, clothing and personal care

 

1 adult

with no dependent children

$246

1 adult

with dependent children

444

2 adults

without dependent children

490

2 adults

with dependent children

578

3 adults

with or without dependent children

671

4 adults

with or without dependent children

764

             (4)  Paragraph 6(1)(p) of the regulations is repealed and the following substituted:

             (p)  a child benefit adjustment in an amount approved by the minister;

          (p.1)  a family benefit adjustment in an amount approved by the minister for families in receipt of social assistance in July and August, 1999; and

             (5)  Paragraphs 6(5)(a) and (b) of the regulations are amended by deleting the amount "$110" wherever it appears and substituting the amount "$125".

             (6)  Paragraph 6(6)(c) of the regulations is amended by deleting the amount "$1,550" and substituting the amount "$1,938".

 

        4. Subsection 11(2) of the regulations is repealed and the following substituted:

             (2) 

 

        5. The regulations are amended by adding immediately after section 22 the following:

Application required

   22.1 (1) A person who receives a child benefit adjustment under paragraph 6(1)(p) shall apply for the Canada Child Tax Benefit according to the Income Tax Act (Canada) or the Newfoundland and Labrador child benefit with respect to dependent children under 18 years of age within 30 days after receipt of the first payment of the child benefit adjustment.

             (2)  A child benefit adjustment under paragraph 6(1)(p) shall not be paid to a person who fails to comply with subsection (1).

 

        6. Subsection 23(1) 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 paragraphs 6(1)(a), (c), (d) and (p) plus the exemption allowed under subparagraphs 2(1)(i)(ii) and (xv), 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.

 

        7. Section 27 of the regulations is amended by adding immediately after subsection (3) the following:

             (4)  Notwithstanding subsection (1), where a child benefit adjustment is paid to a recipient under paragraph 6(1)(p) and that recipient receives a retroactive payment of the Newfoundland and Labrador child benefit or the Canada Child Tax Benefit with respect to the same period, the amount of the child benefit adjustment that was paid or the retroactive payment, whichever is less, shall be recovered in full from anticipated social assistance payments made under subsection 6(1).

             (5)  Where the full recovery of an amount determined under subsection (4) cannot be made through anticipated social assistance payments, the remainder of the amount owing shall be considered a debt due to the Crown.

Commencement

        8. (1) Subsections 1(2), (3), and 3(5) shall be considered to have come into force on April 1, 1999.

             (2)  Subsections 1(1), (4), (5), (6), (7) and 3(6) shall come into force on June 1, 1999.

             (3)  Section 2, subsections 3(1) to (4) and sections 4, 5, 6 and 7 shall come into force on August 1, 1999.