Bill 62 (Legislature 12, Session 1)

L12 S1 6730

Alberta — Bills

Bill No. 62 of 1953 A BILL TO PROVIDE FOR PENSIONS FOR CERTAIN DISABLED PERSONS NOTE This Bill enacts a new Act to be known as "The Disabled Persons' Perurions Act''. A disabled person may receive a pension up to but not exceeding forty dollars a month if the disabled person has attained the age of twenty-one years, and if the disabled person has resided in Alberta for ten years.

A pension is not payable to a person who is in receipt of an allowance under The Blind Persons Act, The Mothers' Allowance Act or under The Widows' Pensions Act, The Old Age Security Act (Canada) or The Old Age Assistance Act; or, if un married, has an income, including the pension, of more than seven hundred and twenty dollars per year, or if married, has an income, including the pension, of more than twelve hundred dollars a year. A disabled person under this Act is one who is suffering from a chronic disability and is physically unfit for gainful employment.

The Lieutenant Governor in Council may make regula tions dealing with the administration of this Act with re spect to applications, investigations, the meaning of income in the test of means and the suspension or cancellation of pensions. Officers necessary to administer the Act may be appointed by the Lieutenant Governor in Council, who may also appoint a board of not less than three persons. The board will receive applications for pensions, deter mine the eligibility of applicants and determine the amount of the pension where an applicant is eligible.

A trustee may be appointed by the board to receive the pension payments for the pensioner in cases where the pensioner is incapable of handling his own affairs or mis uses the payments. It is an offence for a person knowingly to obtain or re ceive a pension that he is not entitled to receive or know ingly to assist another to obtain or receive a pension that the other person is entitled to receive. The pensions and the expenses of administration of the Act are to be paid out of moneys appropriated for the purpose by the Legislature.

The Minister of Public Welfare is charged with the ad ministration of this Act. This Bill comes into force on the 1st day of June, 1953. J.W.RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but iB offered in explanation of its pro1;isions.)

BILL No. 62 of 1958

An Act to Provide for Pensions for Certain Disabled Persons (Assented to , 1959) HER MAJESTY, by and with the .advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Disabled Persons' short t1t1~ Pensions Act" . .2. In this Act, unless the context otherwise requires, Interpreta-tion (a.) "board" means the board appointed pursuant to "board"

section 6; (b) "chronic disability" means a disability from which "chro~\c rtts a person has suffered for a period of twelve months ability or longer; (c) "disabled person" means a person who is suffering "disabled from a chronic disability and is physically unfit person" for gainful employment; (d) "Minister" means the Minister of Public Welfare; ·'Minister·· (e) "recipient" means a person to whom a pension is "recipient" granted; (/) "regulations" means regulations made under this "regula- Act. lions" 3.

The Minister may provide for the payment of a pen- Persons en sion not exceeding the sum of forty dollars a month to a ~~!~es~o~o disabled person (a.) who, at the date of the proposed commencement of payments to him · (

i) has attained the age of twenty-one years, and (ii) has resided in Alberta for the ten years im- mediately preceding the date on which the application for a pension is made, and (

b) who is not, (

i) for the purposes of health and welfare ser vices, the responsibility of the Government of Canada, or (ii) in receipt of (

A) assistance under The Old Age Assistance Act, (

B) an allowance under The= Blind Persons Act,

2 (

C) a pension under The Old Age Security Act (Canada), (

D) an allowance under The M othe1·s' Allow- ance Act, _ (

E) a pension under The Widows' Pensions Act, and (

c) who is (

i) unmarried and his income, inclusive of the pension is not more than seven hundred and twenty dollars a year, or (ii) married and living with his spouse and the total income, inclusive of the pension, of the recipient and his spouse, is not more than twelve hundred dollars a year. RetrUtauons 4. The Lieutenant Governor in Council may make regu- lations for carrying the purposes and proyisic;ms of this Act into effect, and, without limiting the generality of the foregoing, may make regulations providing for (

a) the time, manner and form of making an applica tion, the information and evidence to be submitted in connection therewith, and the procedure to be followed in the consideration of an application, (

b) the investigation into applications, and into the eligibility of a recipient to receive a pension, the re reports to be made and the information to be sup plied by or in respect of recipients, (

c) the definition of income for the purposes of this Act, and the manner in which income is to be determined, including the income of a recipient and his spouse, and the determination of the amount thereof that each shall be deem~ to receive, whether they live together or separate al_ld apart, (

d) determining the amount that, for the purposes of this Act, shall be deemed income of a recipient from any interest in real or personal property of the recipient or his spouse owned or deemed to be owned at the date of making the application or acquired subsequent thereto, (

e) the time and intervals at which and the manner in which pensions are to be paid after application therefor, (

f) the circumstances justifying or requiring the sus pension of the payment of a pension and the re sumption of payment, and (

g) the recovery of the amount of pension payments to which a recipient was not entitled under this Act and the regulations. Peraonnel 5. The Lieutenant Governor in Council, subject to The Public Service Act, 191,.7, may appoint the officers neces sary for the proper administration of this Act.

3 6.

(1) The Lieutenant Governor in Council may appoint ~ln~~~~- a board. board and members

(2) The board shall consist of not less than three persons, one of whom shall be designated chairman of the board. 7. The board shall (

a) receive applications for pensions, (

b) determine the eligibility of each applicant for a pension, (

c) determine the amount of the pension where the applicant is eligible and direct payment accordingly. Duties of board 8. Where, in the opinion of the .board, a recipient i~re~nt to (

a) is using or is likely to use the pension otherwise than for his own benefit, or (

b) is incapacitated or is incapable of handling his own affairs, the board may appoint a trustee and may direct that the pension be paid to the trustee for the benefit of the recipient. 9. ( 1) A pension is not subject to alienation or trans- Pension not fer by the recipient. ~~:J:~!r t~r

(2) A pension is not subject to attachment or seizure seizure in satisfaction of a claim against the recipient. 10. The receipt of a pension does not by itself consti- Voting tute disqualification by a recipient fpr voting at a provincial rights or municipal election. 11.

(1) No person knowingly shall obtain or receive Offences a pension that he is not entitled to obtain or receive under this Act or the regulations.

(2) No person knowingly shall aid or abet another person to obtain or receive a pension that such person is not entitled to obtain or receive under this Act or the regulations.

(3) A person who violates subsections (1) or (2) of Penalty this

section is guilty of an offence and liable on

summary conviction to a fine of not more than fifty dollars and costs and, in default of payment, to imprisonment for a term not exceeding three months. 12. Pensions and expenses of the administration of Approprln· this Act and the regulations shall be paid out of moneys uon appropriated therefor .by the Legislature. 13. This Act comes into force on the first day of June, coming Into 1953. force

No. 62 FIRST SESSION TWELFrH LEGISLA1URE 2 ELIZABETH II 1953 BILL

An Act to Provide for Pensions for Certain Disabled Persons Received and read the First time· Second time .......................... . Third time .............. . HoN. MR. IIALMRAST Title: 1953 (12th, 1st) Bill 62,

An Act to Provide for Pensions for Certain Disabled Persons

Document details

Collection	Alberta — Bills
Citation	L12 S1 6730
Type	bill
Volume / chapter	L12 S1 6730
Language	en
Format	json
Source	PROVINCIAL
Identifier	0121f2b5c0ea23e41dc773f6610f8307284bc2a7

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