CONSOLIDATED NEWFOUNDLAND REGULATION 1027/96

Short title

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

190/84 s1

Definitions

2. In these regulations

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

(b) "allowable income" means

(i) salary and wages of the applicant and his or her spouse, including income obtained from self‑employment, or

(ii) an amount received as an income tax refund;

(c) "applicant" means a person who has requested social assistance by completing an application form approved by the minister for that purpose;

(d) "disabled person" means a person who, in the opinion of an officer of the department, requires supportive services to aid independent living;

(e) "exempt income" means income received by an applicant or the applicant's spouse in a form not considered as either income or liquid assets when determining the applicant's eligibility for social assistance, provided that the income is obtained by means of

(i) a federal compensation payment or part of it in respect of a person who

(A) has contracted AIDS through the blood system,

(B) has suffered birth defects as a result of the use of thalidomide, or

(C) is a Japanese Canadian who is eligible under an agreement between the Canadian government and the Japanese Canadian Association, or

(ii) the federal child benefit received by an applicant or the applicant's spouse for a dependent child or children under the age of 18 years;

(f) "family with a disabled child" means a family that, in the opinion of an officer of the department, needs supportive services to care for the child at home;

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

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

(i) "non‑allowable income" means

(i) payments under the Canada Pension Plan, old age security, veterans' allowance, workers' compensation, employment insurance benefits, strike pay and pensions to the applicant or his or her spouse from other sources,

(ii) in the case of an adult who has been granted social assistance for a reason other than unemployment, 50% of all allowable income over $30 and up to $80 a month and 100% of all allowable income over $80 a month,

(iii) in the case of a family of 2 or more persons that has been granted social assistance for a reason other than unemployment, 50% of all allowable income over $30 a month and 100% of all allowable income over $200 a month,

(iv) in the case of an adult whose only claim to social assistance is unemployment, 50% of all allowable income up to $80 a month and 100% of all allowable income over $80 a month,

(v) in the case of a family of 2 or more persons whose only claim to social assistance is unemployment, 50% of all allowable income up to $200 a month and 100% of all allowable income over $200 a month,

(vi) income received from federal training allowances,

(vii) an assessment based on 20% of the receipts from board and lodging, which receipts shall not be less than the amount contemplated by paragraphs 6(1)(c) and (d),

(viii) the assessment based on 50% of the receipts from rental of rooms on property used as a residence by the applicant or the applicant and his or her family,

(ix) the assessment based on 50% after deduction of municipal property taxes of rental or real property that is not used by the applicant or the applicant and his or her family,

(x) in the case of an adult whose claim to social assistance is disability, all income derived from salary and wages in excess of $95 per month,

(xi) in the case of a family whose claim to social assistance is the disability of one or more persons, all income derived from salary and wages in excess of $190 per month,

(xii) income from incentive allowances as approved by the minister in excess of $175 per month,

(xiii) payments which are monetary in nature or which are quantifiable in monetary terms including payments which are by way of arrears and which are received as child and/or spousal maintenance or support by the applicant or the applicant's spouse under a private agreement, a domestic contract or a court order; and

(j) "relative" means a person of the same blood as the applicant or his or her spouse, and includes the spouse of that person.

190/84 s2; 272/85 ss1&2; 75/86 s1; 189/87 ss1&2; 257/90 ss1&2; 95/91 ss1&2; 183/92 s1; 98/93 ss1&2; 182/93 s1; 40/96 s1

Exemption

3. An officer of the department may authorize an exemption from allowable income in a case where, in order to earn that income, expenditure must be incurred.

190/84 s10

Application

4. (1) Every person desiring social assistance on behalf of himself or herself or on behalf of a family shall complete the application or other forms as the minister may approve and provide the evidence and proof of his or her claim as the minister may require.

(2) An application for social assistance shall not be considered to have been received by an officer of the department unless made on a form approved by the minister.

190/84 s3

Receipt of second application

5. Where an application for social assistance is not properly completed and a second application for social assistance is made and properly completed, an officer of the department may, if the second application for social assistance is approved, declare that the date of the second application shall, for the purpose of these regulations, be considered to be the date on which the department received the first application that was not properly completed.

190/84 s4

Maximum monthly assistance

6. (1) The maximum monthly amount of social assistance that may be granted by an officer of the department is

(a) for food, clothing and personal care, fuel, household maintenance and utilities

1 adult	no children	$393.00
1 adult	1 child	484.00
1 adult	2 children	527.00
1 adult	3 children	567.00
1 adult	4 children	608.00
1 adult	5 children	653.00
1 adult	6 children	697.00
1 adult	7 children	751.00
1 adult	8 children	822.00
1 adult	9 or more children	863.00
2 adults	no children	541.00
2 adults	1 child	580.00
2 adults	2 children	618.00
2 adults	3 children	660.00
2 adults	4 children	697.00
2 adults	5 children	751.00
2 adults	6 children	807.00
2 adults	7 or more children	863.00
3 adults	no children	633.00
3 adults	1 child	676.00
3 adults	2 children	714.00
3 adults	3 children	751.00
3 adults	4 children	807.00
3 adults	5 or more children	863.00
4 adults	no children	727.00
4 adults	1 child	770.00
4 adults	2 children	807.00
4 adults	3 or more children	863.00

(b) for payment to an adult or family of the principal and interest on a mortgage, where the mortgage was given as security prior to the adult or family being in receipt of social assistance, or, where the mortgage has been given as security, while the adult or family was in receipt of social assistance for the purchase price or renovations to the home occupied by the adult or family

(i) in respect of an adult, up to $149, and

(ii) in respect of a family, up to $372;

(i) in respect of an adult or child 16 years of age or older, $372,

(ii) in respect of a child under 16 years of age, $163;

(d) where the landlord is a relative, for board and lodging, clothing and personal care

(i) in respect of an adult or child 16 years of age or older, $236,

(ii) in respect of a child under 16 years of age, $80;

(e) for housekeeper service where the housekeeper is a relative, up to $239;

(f) for housekeeper service where the housekeeper is a non‑relative, up to $298;

(g) for transportation to persons in need, an amount determined by the prevailing commercial rates;

(h) for fuel to an adult or family in Labrador during the period from November 1 to April 30 each year, $90;

(i) for fuel to an adult or family residing on the island portion of the province during the period from November 1 to April 30 each year, $51;

(j) for board, lodging, clothing and personal care to an adult or child 16 years of age or older with special needs, an amount up to $717;

(k) for short‑term housekeeping services, an amount determined by a rate that the minister may approve;

(l) for board and lodging for temporary periods only, an amount determined by a daily rate that the minister may approve;

(m) for items of special need, an amount determined by a rate that the minister may approve;

(n) for municipal taxes and fees, the amount levied by a municipality or a local service district as taxes or for services provided in a form during the period for which a person is in receipt of social assistance provided that the period for which the person is in receipt of social assistance is greater than 90 consecutive days during the calendar year;

(o) a flat amount to recipients of the guaranteed income supplement to be determined and approved by the minister; and

(p) a flat amount of $57 to a single parent having the care and custody of one or more dependent children.

(2) An officer of the department may grant a flat amount of $89 per month to a person who is blind where that person, either as an individual or as part of a family unit, is in receipt of social assistance under subsection (1).

(3) With regard to rent,

(a) where an adult lives alone in a rented room or apartment, the maximum monthly social assistance that may be granted by an officer of the department is $149; and

(b) where a family lives in a rented apartment or house, the maximum monthly social assistance that may be granted by an officer of the department is $372.

(4) An officer of the department may grant to an adult or family in respect of social assistance for housing for the adult or family

(a) an amount up to and including $10,000; and

(b) with the approval of Treasury Board, an amount greater than $10,000.

(5) An officer of the department may

(a) in the case of a recipient of social assistance who is admitted to a residential facility where board and lodging payments are not required, grant regular social assistance for the month of admission and regular social assistance for the month of discharge, and in addition the sum of $110 for clothing and personal care for each full month of residence at the facility; and

(b) in the case of a recipient who is in a residential facility and receiving social assistance under paragraph (1)(l), grant further assistance of $110 for clothing and personal care for each full month of residence at the facility.

(6) An officer of the department, in a case of need, may grant to

(a) the relative of a deceased person or the personal representative of a deceased person; or

(b) a funeral director, in the case of a deceased person who has no relatives or for whose burial no relatives will accept responsibility,

an amount for the burial of the deceased not exceeding

(d) in the case of a child under 12 years of age, a flat rate of $1,132; and

(e) in the case of a still‑born baby, a flat rate of $647.

(7) In the case of individuals choosing cremation as an alternative to an earth burial, the flat rate designated in subsection (6) for an adult or a child will apply.

(8) Notwithstanding subsection (6), an officer of the department may also grant to a person referred to in paragraph (6)(a) or (b)

(a) an amount not exceeding $184 in respect of suitable clothing for the burial of a deceased person where no such clothing is otherwise available;

(b) a distance charge of $0.82 a kilometre, where the body of a deceased person is being transported, for each kilometre in excess of 8 kilometres;

(d) the cost of a plastic pouch used for the transportation of a deceased person; and

(e) an additional sum as an officer of the department considers reasonable for extraordinary and out‑of‑pocket expenses due to special circumstances.

(9) A reference in subsections (6) and (7) to a deceased person includes a reference to a still‑born baby.

(10) An officer of the department, when determining whether to pay burial expenses for a deceased person, is required to consider an income which a deceased person is entitled to receive for the month in which the deceased person died, a death benefit under the Canada Pension Plan or another income or benefit to which the deceased person or the estate of the deceased person is entitled.

190/84 s5; 117/85 ss1‑3; 75/86 ss2‑5; 9/88 ss1‑6; 11/88 ss1‑6; 232/88 ss1‑6; 149/89 ss1‑6; 156/90 ss1‑5; 95/91 s3; 86/92 s1; 94/92 ss1‑5; 182/92 s1; 183/92 s2

Disabled individuals

7. Subject to the provisions of the Act and the regulations, an officer of the department may grant

(a) to disabled adults and families with disabled children, in addition to those amounts prescribed by section 6, social assistance

(i) for rent and mortgage payments, the actual amount required,

(ii) for fuel and utilities, the actual amount required in excess of the amount provided under paragraph 6(1)(a), and

(iii) for discharge of debts, the actual amount required to discharge those debts;

(b) to disabled adults, in addition to those amounts prescribed by section 6, a flat rate special allowance of $125 per month for a single disabled person and $250 per month for couples when both are disabled; and

(c) to families with a disabled child, in addition to those amounts prescribed by section 6, a special allowance up to $424 per month for the maintenance of the child.

190/84 s6; 148/87 s1; 9/88 s7; 11/88 s7; 232/88 s7; 149/89 s7; 156/90 s6; 94/92 s6

Additional supportive services

8. Notwithstanding sections 6 and 7, in the case of disabled persons, an officer of the department may, with approval of the minister, grant additional social assistance for the following supportive services:

(a) for homemaker services, up to $8.11 per hour when service provided by an approved agency, and up to $5.41 per hour when service provided by an individual;

(b) for attendant care services, up to $9.19 per hour when service provided by an approved agency, and up to $6.49 per hour when service provided by an individual;

(c) for respite and companion services, up to $7.30 per hour when service provided by an approved agency, and up to $5.41 per hour when service provided by an individual;

(d) other home support services, rate as approved by minister; and

(e) for other special needs considered necessary for the safety, well‑being or rehabilitation of a disabled person in the province, the actual amount required.

146/87 s1; 232/88 s8; 149/89 s8

Additional assistance

9. An officer of the department may grant additional social assistance up to but not exceeding $61 a month to an adult or family where, because of lack of available resources in the community, or the assistance allocated for rent or mortgage is insufficient, additional social assistance is considered necessary by the officer of the department for the support and proper maintenance of that adult or family.

190/84 s8; 133/86 s1; 9/88 s8; 11/88 s8; 232/88 s9; 149/89 s9; 156/90 s7; 94/92 s7

Emergencies and disasters

10. (1) Where social assistance is required for the proper maintenance of an individual or family as a result of circumstances that, in the opinion of an officer of the department, created an emergency situation, the officer of the department may grant social assistance to the individual or family as is necessary for the welfare and well‑being of the individual or family.

(2) Where social assistance is required for the proper maintenance of an individual or family because of a disaster in the community or area in which they live that in the opinion of an officer of the department created an emergency situation, the officer of the department may grant social assistance to the individual or family as is necessary for the welfare and well‑being of the individual or family.

190/84 s8; 133/86 s1; 9/88 s8; 11/88 s8; 232/88 s9; 149/89 s9; 156/90 s7; 94/92 s7

Determination of assistance

11. (1) When determining the amount of social assistance to be granted under these regulations, an officer of the department shall deduct from the social assistance to which the applicant is entitled under section 6, all non‑allowable income.

(2) Before an officer of the department may grant social assistance to single able‑bodied adults or childless able‑bodied couples, the minister shall approve the types and amounts of assistance to be granted.

(3) Before granting social assistance to a recipient with single sons and daughters living at home who are employed or receiving employment insurance benefits, an officer of the department shall first seek the approval of the minister with respect to the type and amount of assistance to be granted.

190/84 s9; 75/86 s6

Liquid assets

12. (1) An officer of the department may not grant social assistance

(a) to an adult, if his or her liquid assets are in excess of $2,500;

(b) to a family, if its combined liquid assets are in excess of $5,000; and

(c) in the case of an applicant whose only claim to social assistance is unemployment, to an adult whose liquid assets are in excess of $40, and to a family whose liquid assets are in excess of $100.

(2) Notwithstanding subsection (1), an officer of the department may grant social assistance

(a) to a disabled or aged adult provided that his or her liquid assets do not exceed $3,000;

(b) to a disabled or aged adult with one or more dependents provided that his or her liquid assets do not exceed $5,500; and

(c) to a family with a disabled child, or a family with disabled children, if its combined liquid assets are in excess of $5,500.

190/84 s11; 75/86 s7; 59/90 ss1&2

Annual review

13. The amount of social assistance payable to a recipient may be reviewed by an officer of the department at least once every 12 months in order to determine the eligibility of the recipient and reviewed more often where the circumstances of the recipient change.

190/84 s12

Adjustment

14. An officer of the department may make adjustment with respect to underpayments of social assistance for a retroactive period not exceeding 6 months.

190/84 s13

Incapacitated adults

15. (1) Unless otherwise provided in the Act, social assistance shall not be granted to an incapacitated adult unless he or she has been examined by a medical doctor and has produced a medical certificate satisfactory to an officer of the department or, if he or she cannot produce the medical certificate, has satisfied an officer of the department that because of his or her mental or physical incapacity he or she is unable to maintain himself or herself or his or her family.

(2) Where, in the opinion of an officer of the department, it is not established that an adult is incapacitated, the officer of the department may request the adult to submit to further examination at the expense of the department.

(3) An officer of the department may require an incapacitated adult to be re‑examined and, in default of completion within a reasonable time of an examination requested by an officer of the department, the social assistance granted in respect of the incapacity may be suspended until the time that an officer of the department is satisfied that the adult, by reason of incapacity, is unable to provide adequately for himself or herself or his or her family.

190/84 s14

Non‑application

16. Section 15 does not apply to females or males over the age of 65 years.

190/84 s15

Support of single parent

17. An officer of the department may grant social assistance to a deserted, separated or unmarried parent for a period of 30 days without requiring that person to take action for support against the other parent of the child or children if, before further assistance is granted, that person has, in the opinion of the officer of the department, made every reasonable attempt to obtain support from the other parent of the children.

190/84 s16

Absence from country

18. Social assistance may not be granted in respect of a period of absence from Canada with the exception, an officer of the department may, where he or she is satisfied that the circumstances justify, grant social assistance to a recipient for a period immediately preceding his or her return to Canada not exceeding 92 days in a calendar year.

190/84 s17

Retroactive date

19. Where an application for social assistance is approved by an officer of the department after the last day of the month in which it was received by the department and delay in the approval resulted from circumstances wholly beyond the control of the applicant, an officer of the department may declare that the approval shall be effective as of an earlier date, but that date may not be earlier than the date of receipt of the application by the department, or a date not more than 6 months prior to that on which the approval is given, whichever is the later.

190/84 s18

Remarriage or death

20. Where a person receiving social assistance remarries or dies, the social assistance is discontinued on the date of remarriage or death.

190/84 s19

Head of family

21. (1) An application for social assistance shall be made by the head of the family where the only claim to social assistance on behalf of the family is based on the unemployment of the head of the family, but where the head of the family is, for a reason that is satisfactory to an officer of the department, unable to make the application for social assistance, the application may be made by another member of the family.

(2) For the purpose of subsection (1), the head of the family may be either male or female.

190/84 s20

Evidence required

22. Subject to section 21, social assistance shall not be granted to a person on behalf of himself or herself or on behalf of a family where the only claim to social assistance is based on the unemployment of that person, unless that person

(a) produces for an officer of the department an itemized statement of his or her income for the preceding 30 days and that statement must be verified where possible; and

(b) completes the application or other forms as the minister may approve and provides the evidence and proof of his or her claim for social assistance as the minister may require.

190/84 s21; 9/88 s9

Non‑entitlement

23. (1) An applicant whose only claim to social assistance is based on unemployment is not entitled to social assistance where, for the 30 days preceding the date of his or her application for social assistance, his or her net income exceeds the social assistance rates as specified in paragraph 6(1)(a) plus the exemption allowed under subparagraphs 2(i)(iv) and (v), 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 specified in the social assistance regulations may be added.

(2) An applicant who is not entitled to social assistance in accordance with subsection (1) may be reconsidered on the date on which his or her income during the past 30 days has decreased to the level set out in subsection (1).

9/88 s10

Duties and powers

24. An officer of the department

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

(b) shall inquire into the merits of each application for social assistance; and

190/84 s23

Notice of change in circumstance

25. Every person receiving social assistance on behalf of himself or herself or a family shall promptly notify an officer of the department of the following:

(a) a change of address either temporary or permanent;

(b) if any of his or her children leave home;

(d) if a person dies in his or her family in respect of whom social assistance is being received;

(e) if an incapacitated adult or child in respect of whom social assistance is being received is admitted to a hospital, sanatorium or other institution;

(f) if a husband or wife returns home (in cases where social assistance has been granted by reason of the husband or wife being an inmate of a hospital, sanatorium or prison);

(g) if a person in respect of whom social assistance is being received recovers from his or her incapacity;

(h) if he or she remarries; or

(i) a change in the financial circumstances of the family.

190/84 s24

Proof required

26. Before social assistance is granted an officer of the department may require proof of

(a) the age of the applicant and his or her dependents at the time of the application for social assistance;

(b) the applicant's and his or her dependent children's or dependent adult's residence in the province;

(d) the incapacity of the applicant or of other members of his or her family;

(e) confinement to a jail or other institution;

(f) parenthood;

(g) economic need and inadequacy of support;

(h) the husband's death where the applicant is a widow;

(i) the wife's death where the applicant is a widower;

(j) the divorce where the applicant is divorced from his or her spouse;

(k) the judicial separation where the applicant is separated from a spouse; and

(l) other qualifying circumstances.

190/84 s25

Suspension of payment

27. (1) An officer of the department may suspend in whole or in part the payment of social assistance granted to a person who receives social assistance in excess of the amount to which that person is entitled because of non‑disclosure of facts, misrepresentation, fraud, or other cause until the aggregate amount of the suspended payments equals the amount improperly paid.

(2) Where an officer of the department suspends in part the payment of social assistance, the minister may deduct from a person who receives social assistance in excess of the amount to which that person is entitled an amount equal to 5% of the rates set out in paragraphs 6(1)(a), (c), (d) and (i) and paragraphs 6(5)(a) and (b) and the rates approved by the minister under subsection 6(2).

(3) Subsection (1) shall be considered to have come into effect on July 15, 1977.

90/95 s1

Manner of payment

28. Notwithstanding a reference in these regulations to the payment of social assistance on a monthly basis, an officer of the department may divide the prescribed monthly payment of social assistance in kind or in cash in a manner so that social assistance may be granted twice every month.

190/84 s27

Rate of remuneration

29. (1) The rate of remuneration for members of the appeal board for meetings convened under the Act and the regulations shall be

(a) for more than a normal working day, for the chairperson $300, for members $200;

(b) for a normal working day, for the chairperson $200, for members $150;

(d) for less than one‑half a normal working day, for the chairperson $75, for members $50.

(2) The members of the appeal board shall be paid all travel, accommodation and other expenses necessarily incurred by them in carrying out their duties under the Act and the regulations.

190/84 s28; 117/85 s4; 122/88 ss1‑3

Review and appeal

30. (1) A person affected by a finding or decision of an officer of the department, including an applicant for or recipient of social assistance, and who requests a service review by a service review committee under subsection 13(1) of the Act may submit his or her written request in the manner provided for in that subsection within 60 days from the date of notification of the finding or decision.

(2) A person affected by a finding or decision of a service review committee, including an applicant for or recipient of social assistance, may appeal to the appeal board under section 15 of the Act and may submit his or her written appeal, that sets out his or her grounds for grievance, either personally or through someone acting on his or her behalf, within 30 days from the date of notification of the finding or decision.

190/84 s29

Board to fix amount

31. (1) The appeal board may fix an amount to be paid to an appellant for loss of wages, travelling and other expenses incurred respecting the attendance by the appellant before the appeal board, and of the fees and expenses to be paid to the representatives and the witnesses of the appellant, with power to direct that expenses or fees shall not be paid to the person, representative or witness or to any of them.

(2) The province shall pay the amounts fixed under subsection (1) to the persons in whose favour the award is made.

190/84 s30

Repeal

32. The Social Assistance Regulations, 1984, Newfoundland Regulation 190/84, are repealed.