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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 764/96

CONSOLIDATED NEWFOUNDLAND REGULATION 764/96

Social Assistance Civil Legal Aid Regulations
under the
Social Assistance Act
(O.C. 96‑157)

Under the authority of section 28 of the Social Assistance Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Assistance established

        4.   Application

        5.   Rules of eligibility

        6.   Prior assistance

        7.   Prior payments

        8.   Repeal


Short title

        1. These regulations may be cited as the Social Assistance Civil Legal Aid Regulations.

15/86 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Social Assistance Act;

             (b)  "aged adult" means a person of 65 years or older;

             (c)  "civil legal aid" means professional services provided under the Legal Aid Act on behalf of a person in respect of a matter that is not criminal in nature;

             (d)  "director" means the Director of the Newfoundland Legal Aid Commission;

             (e)  "disabled adult" means a person who, in the opinion of the director, requires supportive services to aid independent living; and

              (f)  "liquid assets" includes cash, bonds, stock, debentures, other assets that can be converted readily into cash and includes the beneficial interest in assets held in trust and available to be used for maintenance but does not include real property or the amount remaining to be paid under a mortgage or agreement of sale or the cash surrender value of a life insurance policy.

15/86 s2

Assistance established

        3. Assistance in respect of the cost of civil legal aid is established as an item of assistance for the purpose of the Act and regulations.

15/86 s3

Application

        4. An application for civil legal aid that has been referred to the director for financial assessment under these regulations shall be considered to be an application for assistance and the information gathered shall be considered to be part of the application for assistance.

15/86 s4

Rules of eligibility

        5. Rules for determining financial eligibility for civil legal aid shall be as follows:

             (a)  for the purpose of determining the income of the applicant, spouse and dependents, income includes

                      (i)  salaries, wages and commissions,

                     (ii)  business, professional farming, fishing and rental income after deducting reasonable expenses,

                    (iii)  pensions received under the Old Age Security Act (Canada) and the Canada Pension Plan Act,

                    (iv)  investment income,

                     (v)  allowances received under the War Veterans Allowances Act (Canada) or under the Civilian War Pensions and Allowances Act (Canada),

                    (vi)  payments received under the Workers' Compensation Act,

                   (vii)  unemployment insurance benefits received under the Unemployment Insurance Act (Canada),

                  (viii)  alimony, separation or maintenance payments,

                    (ix)  40% of the income received from a person for board,

                     (x)  regular payments received under an annuity, pension or insurance scheme,

                    (xi)  regular payments received from a mortgage, agreement of sale or loan agreement;

             (b)  for the purpose of determining the requirements and living expenses of the applicant, spouse and dependents, reasonable living expenses include

                      (i)  a basic living allowance for food, clothing, household supplies, personal requirements and board and lodging as stipulated in paragraphs 5(1)(a), (c) and (d) of the Social Assistance Regulations,

                     (ii)  actual amount of reasonable shelter expenses including, where applicable, rent, mortgage, principal and interest, property taxes, property insurance and necessary maintenance,

                    (iii)  actual cost of utilities including fuel, hydro, water, telephone, less amounts for heat and light, which is already included in the assistance provided through paragraph 5(1)(a) of the Social Assistance Regulations, as determined by the Social Assistance Program,

                    (iv)  transportation expenses necessary to the earning of income or attendance at school, with the exclusion of depreciation of motor vehicles,

                     (v)  medical, optical, dental and hospital costs including payments made to a recognized medical or hospital insurance scheme,

                    (vi)  life insurance premiums,

                   (vii)  instalment payments on debts incurred before the date of application for civil legal aid,

                  (viii)  1/12 of the estimated cost of civil legal aid, and

                    (ix)  other expenses approved by the director;

             (c)  eligibility for assistance is established when a deficit occurs as a result of deducting the requirements as determined under paragraph (b) from the income as determined under paragraph (a);

             (d)  civil legal aid will not be granted

                      (i)  to an individual with no dependents if his or her liquid assets are in excess of the amount as determined under paragraph 11(1)(a) of the Social Assistance Regulations,

                     (ii)  to an individual with one or more dependents if the combined liquid assets are in excess of the amount as determined by paragraph 11(1)(b) of the Social Assistance Regulations,

                    (iii)  to a disabled or aged adult if his or her liquid assets are in excess of the amount as determined under paragraph 11(2)(a) of the Social Assistance Regulations,

                    (iv)  to a disabled or aged adult with one or more dependents if his or her liquid assets are in excess of the amount as determined under paragraph 11(2)(b) of the Social Assistance Regulations.

15/86 s5; 22/92 ss1‑3

Prior assistance

        6. A person who received civil legal aid after July 10, 1980, and who was in receipt of social assistance, shall be considered to have met all the requirements of these regulations and to have obtained assistance in accordance with these regulations.

15/86 s6

Prior payments

        7. All payments to the Newfoundland Legal Aid Commission by the Department of Justice after July 10, 1980 in respect of the cost of civil legal aid for which a person is eligible for assistance shall, to the extent that the person is eligible for assistance, be considered to be payments of assistance under these regulations.

15/86 s7

Repeal

        8. The Social Assistance (Civil Legal Aid) Regulations, Newfoundland Regulation 15/86, are repealed.