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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 50/05

NEWFOUNDLAND AND LABRADOR
REGULATION 50/05

Income and Employment Support Regulations (Amendment)
under the
Income and Employment Support Act
(O.C. 2005-380)

(Filed June 29, 2005)

Under the authority of section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, June 21, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.12 Amdt.
Exemptions

        3.   S.13 Amdt.
Maintaining a residence

        4.   S.14 R&S
Maximum monthly income support - board and lodging

        5.   S.15 Amdt.
Income support for persons 30 years of age and younger

        6.   S.16 Amdt.
Rent or mortgage

        7.   S.17 Amdt.
Start up allowance

        8.   S.19 Amdt.
Other income support

        9.   S.23 Amdt.
Special needs - eye glasses

      10.   S.24 Amdt.
Special needs - dentures

      11.   S.25 Amdt.
Support trust

      12.   S.37 Amdt.
Wage subsidy programs

      13.   S.38 Amdt.
Employment development supports

      14.   S.39 Amdt.
Placement support allowance

      15.   S.40 Amdt.
Short term training

      16.   S.57 Amdt.
Appeal to the appeal board

      17.   Commencement


NLR144/04

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 Paragraph 2(d) of the Income and Employment Support Regulations is repealed and the following substituted:

             (d)  "dependent student" means a person who is 18 years of age or older but under 21 years of age who lives with a relative and attends high school;

 

        2. Paragraph 12(a) of the regulations is repealed and the following substituted:

             (a)  for the sum of income described in subparagraphs 8(d)(i), (ii) and (iii)

                      (i)  for a single adult, 100% of income up to $75 plus 10% of income in excess of $75 to a maximum total exemption of $150 a month,

                     (ii)  for 2 or more persons, 100% of income up to $150  plus 10% of income in excess of $150 to a maximum total exemption of $275 a month,

                    (iii)  for a person requiring supportive services, 100% of income up to $95 plus 10% of income in excess of $95 to a maximum total exemption of $150 a month, and

                    (iv)  for 2 or more persons where at least one person is a person requiring supportive services, 100% of income up to $190 plus 10% of income in excess of $190 to a maximum total exemption of $275 a month;

 

        3. Subsection 13(1) of the regulations is repealed and the following substituted:

Maintaining a residence

      13. (1) The monthly amount of income support for an applicant or recipient who is renting or owns a residence is up to

 

1 adult

without dependent children

$425

1 adult

without dependent children but with one dependent student

$602

1 adult

without dependent children but with two  dependent students

$692 plus $96 for each additional dependent student

1 adult

with dependent children

$556

1 adult

with dependent children and one dependent student

$596

1 adult

with dependent children and two dependent students

$692 plus $96 for each additional dependent student

2 adults

without dependent children

$602

2 adults

without dependent children but with one dependent student

$692 plus $96 for each additional dependent student

2 adults

with dependent children

$596

2 adults

with dependent children and one dependent student

$692 plus $96 for each additional dependent student

 

        4. Section 14 of the regulations is repealed and the following substituted:

Maximum monthly income support - board and lodging

      14. (1) The monthly amount of income support for an applicant or recipient who is boarding with a non-relative is:

 

1 adult

without dependent children

$425

1 adult

without dependent children but with one dependent student

$602

1 adult

without dependent children and two dependent students

$692 plus $96 for each additional dependent student

1 adult

with dependent children

$556

1 adult

with dependent children and 1 dependent student

$596

1 adult

with dependent children and two dependent students

$692 plus $96 for each additional dependent student

2 adults

without dependent children

$602

2 adults

without dependent children and one dependent student

$692 plus $96 for each additional dependent student

2 adults

with dependent children

$596

2 adults

with dependent children and one dependent student

$692 plus $96 for each additional dependent student

             (2)  The monthly amount of income support for board and lodging for an applicant or recipient who is boarding with a relative is:

 

1 adult

without dependent children

$257

1 adult

with dependent children

$458

1 adult

without dependent children but with one dependent student

$510

1 adult

with dependent children and one dependent student

$596 plus $96 for each additional dependent student

2 adults

without dependent children

$510

2 adults

without dependent children but with one dependent student

$692 plus $96 for each additional dependent student

2 adults

with dependent children

$596

2 adults

with dependent children and one dependent student

$692 plus $96 for each additional dependent student

 

        5. (1) Subsection 15(1) of the regulations is amended by striking out the amount "$203" and substituting the amount "$205".

             (2)  Paragraph 15(2)(a) of the regulations is amended by striking out the amount "$96" and substituting the amount "$97".

             (3)  Paragraph 15(2)(b) of the regulations is amended by striking out the amount "$140" and substituting the amount "$141".

             (4)  Subsection 15(3) of the regulations is amended by striking out the amount "$399" and substituting the amount "$403".

 

        6. Paragraph 16(3)(b) of the regulations is amended by striking out the words "if the recipient had, prior to becoming alone, been receiving income support for a period of 6 consecutive months".

 

        7. Section 17 of the regulations is amended by striking out the number "1,130" in the third column of that portion of the table respecting one adult with 6 dependent children and substituting the number "1,300".

 

        8. (1) Paragraph 19(1)(a) of the regulations is amended by adding immediately after the amount "$45" a comma and the words "where the cost of heat is not included in the amount of rent".

             (2)  Paragraph 19(1)(b) of the regulations is amended by adding immediately after the amount "$25" a comma and the words "where the cost of heat is not included in the amount of rent".

             (3)  Subsection 19(1) of the regulations is amended

             (a)  by striking out the word "and" at the end of paragraph (k);

             (b)  by striking out the period at the end of paragraph (l) and substituting a semi-colon and the word "and"; and

             (c)  by adding immediately after paragraph (l) the following:

            (m)  for a dependent student who is in full time attendance at high school, an amount determined by the minister not to exceed the maximum amount for one child provided under the Canada Child Tax Benefit and the Newfoundland and Labrador child benefit.

 

        9. Subsection 23(3) of the regulations is repealed and the following substituted:

             (3)  Children under the age of 18 years and dependent students may be covered for eye glasses once every 12 months.

 

      10. Section 24 of the regulations is amended by striking out the words "An applicant or recipient who has been receiving income support for a 6 month period prior to having a special needs assistance requirement for dentures may receive the following" and substituting the words "Where a recipient has been receiving income support for a 6 month period and that recipient, including his or her dependent children or dependent students, has a special needs assistance requirement for dentures, the recipient may receive the following".

 

      11. (1) Subsection 25(1) of the regulations is amended by striking out the words "a person" and substituting the words "an applicant or recipient".

             (2)  Subsection 25(4) of the regulations is repealed and the following substituted:

             (4)  Notwithstanding subsection (3), the minister, in exceptional circumstances, may dispense with the requirements of that subsection.

 

      12. Subsection 37(6) of the regulations is repealed and the following substituted:

             (6)  In exceptional circumstances, the minister may vary or suspend

             (a)  the terms and conditions of a wage subsidy agreement; or

             (b)  the prohibition contained in subparagraph (4)(e)(ii).

 

      13. (1) Paragraph 38(2)(a) of the regulations is amended by adding immediately after the word "receiving" the words "or be eligible to receive".

             (2)  Subsection 38(3) of the regulations is repealed and the following substituted:

             (3)  Notwithstanding paragraph (2)(d), the minister may dispense with the requirements of that paragraph in exceptional circumstances.

 

      14. (1) Paragraphs 39(1)(c) and (d) of the regulations are repealed and the following substituted:

             (c)  short term training referred to in subsection 40(1); and

             (d)  Employment Exploration and Training.

             (2)  Subsection 39(2) of the regulations is repealed and the following substituted:

             (2)  In order to qualify for a placement support allowance, an applicant or recipient shall participate in a program approved by an officer.

 

      15. Subsection 40(3) of the regulations is repealed and the following substituted:

             (3)  Notwithstanding subsection (2), the minister may, in exceptional circumstances, dispense with the prohibition contained in that subsection.

 

      16. Section 57 of the regulations is amended by striking out the words "A person" and substituting the words "An applicant or a recipient".

Commencement

      17. These regulations shall come into force on July 1, 2005 except for paragraph 8(3)(c) which shall come into force on September 1, 2005.