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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 968/96

CONSOLIDATED NEWFOUNDLAND REGULATION 968/96

Private Homes for Special Care Allowances Regulations
under the
Private Homes for Special Care Allowances Act
(O.C. 96‑292)

Under the authority of section 5 of the Private Homes for Special Care Allowances 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.   Information required

        4.   Maximum monthly allowance

        5.   Adjustments

        6.   Medical examination

        7.   Non‑application

        8.   Period of allowance

        9.   Notice of change

      10.   Limits of eligibility

      11.   Director's responsibilities

      12.   Recovery of payments

      13.   Repeal


Short title

        1. These regulations may be cited as the Private Homes for Special Care Allowances Regulations.

129/78 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Private Homes for Special Care Allowances Act;

             (b)  "allowance" means an allowance granted under section 4 of the Act;

             (c)  "applicant" means a person who has requested an allowance;

             (d)  "Category B Private Home for Special Care" means any boarding home or other institution defined by subparagraph 2(e)(iii) of the Welfare Institutions Act and licensed under that Act;

             (e)  "department" means the department presided over by the minister;

              (f)  "incapacitated" means a condition of physical or mental illness or disability of such a nature as to render a person incapable of maintaining himself or herself and includes persons who have reached the age of 60 years and who are incapable of maintaining themselves;

             (g)  "income" means the monthly income of an applicant and his or her spouse from all sources inside or outside the province and includes monthly income from all

                      (i)  business,

                     (ii)  property,

                    (iii)  offices and employments,

                    (iv)  payments under the Canada Pension Plan, Old Age Security, Old Age Assistance, Blind Persons Allowance, Disabled Persons Allowance, Veterans' Allowances, Workers' Compensation, Unemployment Insurance Benefits, strike pay and pension to the applicant or his or her spouse, insurance benefits or annuities, maintenance, social assistance and payments made under an order of the court;

             (h)  "liquid assets" means cash on hand or in the bank and readily marketable securities and investments in companies;

              (i)  "minister" means the minister appointed under the Executive Council Act to administer the Act; and

              (j)  "recipient" means a person to or in respect of whom an allowance is granted.

129/78 s2

Information required

        3. A person requesting an allowance shall supply to the director the information that the director may require including information as to his or her income and his or her liquid assets to enable him or her to satisfy the terms of the Act for the grant of an allowance.

129/78 s3

Maximum monthly allowance

        4. Subject to the Act, the maximum monthly amount of allowance that may be granted by the director is, in the case of an incapacitated person, ambulatory, living in a Category B Private Home for Special Care,

             (a)  for board and lodging, $846; and

             (b)  for clothing and personal care, $110.

357/78 s1; 257/82 s1; 108/83 s1; 181/83 s1;
215/83 s1; 169/85 s1; 127/89 s1

Adjustments

        5. The director may make adjustment with respect to underpayment of an allowance for a retroactive period not exceeding 6 months.

129/78 s5

Medical examination

        6. (1) Subject to section 7 and unless otherwise provided in the Act, an allowance shall not be granted to a person unless he or she has been examined by a medical doctor and has produced a medical certificate satisfactory to the director, or if he or she cannot produce the medical certificate, has satisfied the director that because of his or her mental or physical incapacity he or she is unable to maintain himself or herself.

             (2)  Where, in the opinion of the director, it is not established that a person is incapacitated, he or she may request that person to submit to further examination at the expense of the department.

             (3)  The director may require an incapacitated person to be re‑examined and in default of completion of an examination when requested by the director, the allowance granted in respect of the incapacity may be suspended until the director is satisfied that the person by reason of incapacity is unable to provide adequately for himself or herself.

129/78 s6

Non‑application

        7. Section 6 does not apply to persons who have reached the age of 60 years.

129/78 s7

Period of allowance

        8. The director may make an allowance covering all or a part of a period the applicant has been resident in a private home for special care.

129/78 s8

Notice of change

        9. Every recipient and a person who receives an allowance on behalf of that recipient shall immediately notify the director of a change of the recipient's residence, income or liquid assets.

129/78 s9

Limits of eligibility

     10. Every single recipient whose liquid assets are in excess of $5,000 or every married recipient who belongs to a family unit consisting of husband and wife whose combined liquid assets are in excess of $10,000 shall not receive an allowance.

129/78 s9A; 222/84 s1

Director's responsibilities

     11. The director

             (a)  shall keep those books and records that may be necessary for the purpose of the Act and these regulations;

             (b)  shall inquire into the merits of each application for an allowance; and

             (c)  may suspend, cancel, modify or withhold an allowance.

129/78 s10

Recovery of payments

     12. Where the minister is unable to recover the whole or a part of an allowance obtained by a person by reason of misrepresentation, fraud, or failure to comply with these regulations, the director may suspend the payment of the allowance granted to or on behalf of that person until the aggregate amount of the suspended payments equals the amount improperly paid, less an amount that has been recovered.

129/78 s11

Repeal

      13. The Private Homes for Special Care (Allowances) Regulations, 1973, Newfoundland Regulation 129/78, are repealed.