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Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2006


NEWFOUNDLAND AND LABRADOR REGULATION 51/06

NEWFOUNDLAND AND LABRADOR
REGULATION51/06

Income and Employment Support Regulations
(Amendment)
under the
Income and Employment Support Act
(O.C. 2006-273)

(Filed June 30, 2006)

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. Johnís, June 30, 2006.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. S.2 Amdt.
Definitions

††††††† 2. S.5 Amdt.
Information which may be required to assess or review eligibility

††††††† 3. S.7 Amdt.
Responsibilities of applicant or recipient

††††††† 4. S.8 Amdt.
Definitions

††††††† 5. S.13 Amdt.
Maintaining a residence

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

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

††††††† 8. S.16 Amdt.
Rent or mortgage

††††††† 9. S.19 Amdt.
Other income support

††††† 10.†† S.21 Amdt.
Special needs-furniture

††††† 11. S.22 Amdt.
Special needs - eye examinations

††††† 12.†† S.23 Amdt.
Special needs - eye glasses

††††† 13.†† S.24 Amdt.
Special needs - dentures

††††† 14. S.27 Amdt.
Where death is involved

††††† 15.†† S.28 Amdt.
Emergencies, disasters and other circumstances

††††† 16. S.30 Amdt.
Employment support

††††† 17.†† S.37 Amdt.
Wage subsidy programs

††††† 18.†† S.38 Amdt.
Employment development support

††††† 19.†† S.39 Amdt.
Placement and support allowance

††††† 20.†† S.40 Amdt.
Sort term training

††††† 21.†† S.41 Amdt.
Work supports

††††† 22.†† S.42 Amdt.
Assessment and counselling

††††† 23.†† S.45 Amdt.
Conjugal relationship

††††† 24.†† Commencement


NLR 144/04
as amended

††††††† 1. Section 2 of the Income and Employment Support Regulations is amended by adding immediately after paragraph (c) the following:

††††††††† (c.1)"dependent" means a dependent of an applicant or recipient who is a child under the age of 18 years or a dependent student;

 

††††††† 2. Paragraph 5(1)(d) of the regulations is repealed and the following substituted:

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

 

††††††† 3. (1) Paragraph 7(1)(d) of the regulations is repealed and the following substituted:

†††††††††††† (d)change in the circumstances of any dependents;

†††††††††††† (2)Paragraph 7(1)(f) of the regulations is repealed and the following substituted:

††††††††††††† (f)absence from the province of the applicant, recipient or his or her dependents;

 

††††††† 4. (1) Subparagraph 8(a)(i) of the regulations is amended by deleting the words "child or dependent student".

†††††††††††† (2)Subparagraph 8(a)(v) of the regulations is repealed and the following substituted:

†††††††††††††††††††† (v)one or more of the following sources:

††††††††††††††††††††††††††† (A)payments for children in care,

††††††††††††††††††††††††††† (B)special child welfare allowances,

††††††††††††††††††††††††††† (C)child welfare allowances,

††††††††††††††††††††††††††† (D)payments for alternate family care,

†††††††††††††††††††††††††††† (E)payments under a Youth Services Agreement,

†††††††††††††††††††††††††††† (F)government funded disability related supports,

††††††††††††††††††††††††††† (G)payments received from the Voluntary Student Work and Services Program,

††††††††††††††††††††††††††† (H)earnings of dependents, or

††††††††††††††††††††††††††††† (I)payments received from the Newfoundland and Labrador Housing Corporation Educational Incentive Allowance;

†††††††††††† (3)Subparagraph 8(c)(i) of the regulations is amended by deleting the words "child or dependent student".

 

††††††† 5. 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

$450

1 adult

without dependent children but with one dependent student

638

1 adult

without dependent children but with two dependent students

727 plus 101 for each additional dependent student

1 adult

with dependent children

584

1 adult

with dependent children and one dependent student

626

1 adult

with dependent children but with two dependent students

727 plus 101 for each additional dependent student

2 adults

without dependent children

638

2 adults

without dependent children but with one dependent student

727 plus 101 for each additional dependent student

2 adults

with dependent children

626

2 adults

with dependent children and one dependent student

727 plus 101 for each additional dependent student

 

††††††† 6. Section 14 of the regulations are 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

$450

1 adult

without dependent children but with one dependent student

638

1 adult

without dependent children and two dependent students

727 plus 101 for each additional dependent student

1 adult

with dependent children

584

1 adult

with dependent children and one dependent student

626

1 adult

with dependent children and two dependent students

727 plus 101 for each additional dependent student

2 adults

without dependent children

638

2 adults

without dependent children and one dependent student

727 plus 101 for each additional dependent student

2 adults

with dependent children

626

2 adults

with dependent children with one dependent student

727plus 101 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

$273

1 adult

without dependent children but with one dependent student

541

1 adult

with dependent children

481

1 adult

with dependent children and one dependent student

626 plus 101 for each additional dependent student

2 adults

without dependent children

541

2 adults

without dependent children but with one dependent student

727 plus 101 for each additional dependent student

2 adults

with dependent children

626

2 adults

with dependent children and one dependent student

727 plus 101 for each additional dependent student

 

 

††††††† 7. (1) Subsection 15(1) of the regulations is amended by deleting the amount "$207" and substituting the amount "$217".

†††††††††††† (2)Subsection 15(2) of the regulations is amended

†††††††††††† (a)in paragraph (a), by deleting the amount "$98" and substituting the amount "$103"; and

†††††††††††† (b)in paragraph (b), by deleting the amount "$142" and substituting the amount "$149".

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

†††††††††††† (3)Notwithstanding subsection 14(1) and paragraph 2(b), the monthly amount of income support for a single person under age 30 who, as determined by an officer, has barriers or impairments which limit that personís pursuit of employment or training is $427.

 

††††††† 8. (1) Paragraph 16(3)(a) of the regulations is amended by deleting the phrase "children or dependent students" and substituting the word "dependents".

†††††††††††† (2)Subparagraph 16(3)(b)(ii) of the regulations is amended by deleting the phrase "dependent children or dependent students" and substituting the word "dependents".

†††††††††††† (3)Subsection 16(4) of the regulations is amended by deleting the amount "$61" and substituting the amount "$100".

 

††††††† 9. (1) Paragraph 19(1)(h) of the regulations is amended by deleting the phrase "child or dependent student".

†††††††††††† (2)Paragraph 19(1)(i) of the regulations is repealed and the following substituted:

††††††††††††† (i)an amount of $89 for each recipient or dependent receiving income support who is legally blind as certified by the Canadian National Institute for the Blind or an approved professional;

†††††††††††† (3)Paragraph 19(1)(j) of the regulations is repealed and the following substituted:

††††††††††††† (j)an amount of $45 for each recipient or dependent with diabetes receiving income support where that person's diabetes has been certified by an approved professional;

†††††††††††† (4)Subsection 19(1) of the regulations is amended by deleting the word "and" at the end of paragraph (l), by deleting the period at the end of paragraph (m) and substituting a semi-colon and by adding immediately after that the following:

†††††††††††† (n)for a recipient with a dependent who begins employment, a payment of $250 once in a 12 month period; and

†††††††††††† (o)for a recipient without a spouse, co-habitating partner or dependent who begins employment, $125 once in a 12 month period.

 

††††† 10. Paragraphs 21(1)(b), (c) and (d) are amended by deleting the word "children" wherever it appears and substituting the word "dependents".

 

††††† 11. Subsection 22(3) of the regulations is amended by deleting the word "children" and substituting the word "dependents".

 

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

†††††††††††† (3)Dependents may be covered for eyeglasses once every 12 months if there is a verified change in the dependent's prescription.

 

††††† 13. Section 24 of the regulations is amended by deleting the phrase "dependent children or dependent students" and substituting the word "dependents".

 

††††† 14. (1) Subsection 27(1) of the regulations is repealed and the following substituted:

Where death is involved

††††† 27. (1) An officer may grant to the relative of a deceased person or the representative of a deceased person an amount for the burial of the deceased not exceeding

†††††††††††† (a)for an adult or dependent 12 years of age or older, an amount of $2,229;

†††††††††††† (b)for a dependent under 12 years of age, an amount of $1,302;

†††††††††††† (c)for a still-born child, an amount of $744;

†††††††††††† (d)for an adult or a dependent 12 years of age or older for a traditional funeral with casket, cremation and burial, an amount of $2,338;

†††††††††††† (e)for a dependent under 12 years of age for a traditional funeral with casket, cremation and burial, an amount of $1,532;

††††††††††††† (f)for an adult or a dependent for a traditional funeral with no casket, but with cremation and burial, an amount of $2,025.

†††††††††††† (2)Paragraphs 27(2)(a) and (b) of the regulations are repealed and the following is substituted:

†††††††††††† (a)an amount not exceeding $195 with respect to clothing for the burial of a deceased person where no appropriate clothing is available;

†††††††††††† (b)a distance charge of $0.95 a kilometre, where the body of a deceased person is being transported, for each kilometre in excess of 8 kilometres;

 

††††† 15. Subsection 28(3) of the regulations is amended by deleting the phrase "children or dependent students" and substituting the word "dependents".

 

††††† 16. Section 30 of the regulations is amended by renumbering it as subsection 30(1) and by adding immediately after that subsection the following:

†††††††††††† (2)Eligibility for employment support under sections in this Part which consider income support status may be extended to

†††††††††††† (a)a person who meets the eligibility criteria for income support prescribed by the Act and the regulations but who may not be receiving income support;

†††††††††††† (b)a former recipient of income support who has an employment plan with the department; or

†††††††††††† (c)a person applying for employment support who is a dependent of

††††††††††††††††††††† (i)a recipient of income support; or

†††††††††††††††††††† (ii)a person referred to in paragraph (a) or (b).

 

††††† 17. (1) Subsection 37(1) of the regulations is repealed and the following substituted:

Wage subsidy programs

††††† 37. (1) Under the authority of section 8 of the Act, the minister or an officer designated by the minister may enter into agreements with for profit or not for profit employers on wage subsidy programs.

†††††††††††† (2)Subsection 37(2) of the regulations is repealed and the following substituted:

†††††††††††† (2)Employment support under this section shall be determined by negotiation between the employer and the minister or an officer designated by the minister.

†††††††††††† (3)Subsection 37(6) of the regulations is repealed and the following substituted:

†††††††††††† (6)In exceptional circumstances, the minister or an officer designated by the minister may vary or suspend

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

†††††††††††† (b)the prohibitions contained in subparagraph (4)(e)(ii) or (iii).

†††††††††††† (4)Section 37 of the regulations is amended by adding immediately after subsection (6) the following:

†††††††††††† (7)Notwithstanding the requirement contained in subparagraph (4)(e)(i), eligibility under this section may be extended to an applicant or recipient who meets the criteria prescribed in subsection 30(2).

 

††††† 18. (1) Subsection 38(3) of the regulations is amended by adding immediately after the word "minister" the phrase "or an officer designated by the minister".

†††††††††††† (2)Subsection 38(4) of the regulations is amended by adding immediately after the word "minister" the phrase "or an officer designated by the minister".

†††††††††††† (3)Section 38 of the regulations is amended by adding immediately after subsection (4) the following:

†††††††††††† (5)Notwithstanding the requirement contained in paragraph (2)(a), eligibility under this section may be extended to an applicant or recipient who meets the criteria prescribed in subsection 30(2).

 

††††† 19. Section 39 of the regulations is amended by adding immediately after subsection (3) the following:

†††††††††††† (4)Eligibility under this section may be extended to an applicant or recipient who meets the requirements of this section and who

†††††††††††† (a)is receiving income support; or

†††††††††††† (b)meets the criteria prescribed in subsection 30(2).

 

††††† 20. (1) Subsection 40(3) of the regulations is repealed and the following is substituted:

†††††††††††† (3)Notwithstanding subsection (1), the minister or an officer designated by the minister may dispense with the requirement contained in that subsection.

†††††††††††† (2)Subsection 40(4) of the regulations is amended by deleting the reference "subsection (2)" and by substituting the reference "subsection (1)".

†††††††††††† (3)Section 40 of the regulations is amended by adding immediately after subsection (5) the following:

†††††††††††† (6)Eligibility under this section may be extended to an applicant or recipient who meets the requirements of this section and who

†††††††††††† (a)is receiving income support; or

†††††††††††† (b)meets the criteria prescribed in subsection 30(2).

 

††††† 21. Section 41 of the regulations is amended by adding immediately after subsection (2) the following:

†††††††††††† (3)Eligibility under this section may be extended to an applicant or recipient who meets the requirements of this section and who

†††††††††††† (a)is receiving income support; or

†††††††††††† (b)meets the criteria prescribed in subsection 30(2).

 

††††† 22. Section 42 of the regulations is amended by renumbering it as subsection 42(1) and by adding immediately after that subsection the following:

†††††††††††† (2)Eligibility under this section may be extended to an applicant or recipient who meets the requirements of this section and who

†††††††††††† (a)is receiving income support; or

†††††††††††† (b)meets the criteria prescribed in subsection 30(2).

 

††††† 23. Paragraph 45(1)(b) of the regulations is repealed and the following substituted:

†††††††††††† (b)the parental connections of the 2 people based on the evidence of shared dependents or whether they share parental roles; or

Commencement

††††† 24. These regulations shall come into force on July 1, 2006.