Bill 26 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 26 Widows' Pemsroin^Of Mrs. Emb^?R¥ (Legislature 20, Session 1)

L20 S1 3646

Alberta — Bills

1983 BILL 26 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 WIDOWS' PEMSrOiN^Of MRS. EMB^?R¥ First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 26 Mrs. Embury BILL 26 1983 WIDOWS' PENSION ACT (Assented to , 1983) TABLE OF CONTENTS

Section No.

Definitions 1 Delegation of power 2 Payment of pension 3 Application 4 Discontinuance, suspension or variation of pension 5 Recovery of overpayments 6 Appointment of trustee 7 Appeal 8 Appeal procedure 9 Regulations 10 Consequential amendments 11-17 Commencement 18 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In thiS Act, (a) "Department" means the Minister's department; (b) "Minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the admin istration of this Act; (c) "widow" means a person whose spouse is deceased and in cludes a widower, (d) "widow's pension" means a monthly pension authorized to be paid under this Act and the regulations. Delegation 2 The Minister may in writing delegate any power, duty or function conferred or imposed on him by this Act or the regulations to any employee of the Department or any member, officer or employee of an agent of the Crown in right of Alberta.

Payment of pension 3(1) The Minister may pay a widow's pension in an amount pre scribed in the regulations to or for the benefit of a person who is eligible under this Act and the regulations to receive the pension.

(2) A person is eligible to receive a widow's pension if she satisfies the Minister Application Discontinuance, suspension or variation of pension (

a) that she is a widow, (

b) that she is a Canadian citizen or a permanent resident within the meaning of that term in the Immigration Act, 1976 (Canada), other than a person whose application for landing has been spon sored, (

c) that she is ordinarily resident in Alberta, (

d) that she is 55 years of age or older but less than 65 years of age, (

e) that her income, other than income exempted under the reg ulations, is less than the maximum amount prescribed in the regulations, and (

f) that she otherwise fulfils the requirements of this Act and the regulations.

(3) Notwithstanding subsection (2), a person is not eligible for a widow's pension if she is receiving a handicap benefit under the Assured Income for the Severely Handicapped Act. 4(1) A widow who wishes to apply for a widow's pension, or another person on her behalf, shaU complete and forward -an-appUeation-in- tbe^^rescribed-form totiie-MinisteFr +o +^>e ro.nisier an appiica^'Of^

(2) The Minister may require an applicant and a person who is re ceiving a widow's pension to provide him with any information he considers necessary in order to determine the person's entitlement to a pension or the amount of the pension.

(3) A person who receives a widow's pension shaU forthwith give the Minister notice in writing of any change in income, marital status or type or place of residence that affects her eligibility to the pension or the amount of the pension.

(4) A person who contravenes subsection (3) is guilty of an offence and liable to a fine of not more than $1000. 5 The Minister may (

a) alter the amount of a widow's pension or suspend or discon tinue a widow's pension if he is satisfied that (

i) the person receiving it (

A) faUs to provide information or provides incomplete or false information required to determine her eligibility

overpayments for a pension or the amount of a pension, either at the time of making application or after that time, or (

B) faUs to realize or coUect income to which she is en ticed, or (ii) the income of the person receiving the pension has changed so as to alter her eligibility for the pension or the amount of it; (

b) discontinue a widow's pension if the person receiving it (

i) marries, (ii) ceases to be ordinarily resident in Alberta, or (iii) becomes a resident in an institution designated in the regulations. Recovery of 6(1) Whcrc 3. pcrson receives a widow's pension for which she is not eligible or receives an overpayment on a widow's pension, the pen sion or the overpayment, as the case may be, is a debt owing to the Crown and may be recovered in the same way as if it were an over payment as defined in the Maintenance and Recovery Act, and

Part 3 of that Act applies.

(2) If a person receives a widow's pension for which she is not eli gible, or an overpayment on a widow's pension, creating a debt under subsection (1) in an amount not exceeding $1000, then (

a) if the person is receiving fiinds under the Social Development Act,

section 17 of the Social Development Act appUes to the re payment of the widow's pension for which the person is not eligible or the overpayment as if that pension or overpayment were a social allowance under that Act, or (

b) if the person is not receiving funds under the Social Devel opment Act, the Minister may deduct from further widow's pen sion payments for which the person is otherwise eligible monthly amounts equal to 10% of the monthly amount of the pension payable under the regulations until the full amount of the pension for which the person is not eligible or the overpayment is repaid, but in no case may the monthly amount of the pension be re duced to less than $10.

(3) If a person who receives a widow's pension is under an obligation under (

a) the Senior Citizens Benefits Act to repay all or part of a benefit, (

b) the Social Development Act to repay all or part of a social allowance, or (

c) the Assured Income for the Severely Handicapped Act to repay all or part of a handicap benefit

Appointment of trustee Appeal in an amount not exceeding $1000 in the aggregate, the Minister may deduct from fiirther widow's pension payments for which the person is otherwise eligible monthly amounts equal to 10% of the monthly amount of the widow's pension payable under the regulations, until the fiiU amount required to be repaid is repaid, but in no case may the monthly amount of the pension be reduced to less than $10. 7(1) If a person who is eligible to receive a widow's pension is unable to conduct her own affairs, the Minister may appoint a trustee to ensure that the widow's pension is expended for the benefit of the widow.

(2) A trustee appointed under subsection (1) shall, when required by the Minister, make returns showing the amount of any widow's pen sion received by him, the amount that has been expended for the benefit of the widow and the balance remaining with the trustee, and shall, if required by the Minister, remit any balance to the Minister.

(3) If the trustee appointed under subsection (1) is an officer or em ployee of an institution or other place of care in which the widow is maintained, the trustee shaU pay to that institution or other place of care that part of the widow's pension that is considered by the Min ister to be a reasonable sum for the maintenance of the widow, but the Minister shall require the trustee to make available to the widow the amount that has been provided for her personal use.

(4) Notwithstanding anything in this section, when a trustee of the estate of a person is appointed under the Dependent Adults Act, the trustee so appointed shall be a trustee for the purposes of this Act and references in this Act to a trustee shall be deemed to be refer ences to the trustee so appointed. 8(1) A person affected by a decision of the Minister respecting a widow's pension, or a person on that person's behalf, may request the Minister to appoint an appeal panel to hear an appeal from the decision.

(2) A request under this

section shall be made in writing and shall be served on the Minister within 30 days from the date the person receives notice of the Minister's decision and of his right of appeal.

(3) Within 30 days of being served with a request under subsection (2) the Minister shall appoint an appeal panel to hear the appeal.

(4) The Minister may with respect to an appeal panel appointed under subsection (3) (

a) prescribe the terms of office of its members, (

b) designate a chairman, vice-chairman and secretary, (

c) authorize, fix and provide for the payment of expenses to its members, and remuneration to those members who are not em ployees of the Government, and (

d) prescribe the number of members of the appeal panel that constitutes a quorum.

Appeal procedure 9(1) The Administrative Procedures Act applies to proceedings of an appeal panel.

(2) The Minister shall set the time within which the appeal panel is to hear an appeal and render a decision and he may extend that time.

(3) An appeal panel may, subject to this Act and the regulations, confirm, reverse or vary the decision appealed from, and the decision of the appeal panel is final. Regulations 10 The Licutcnant Governor in Council may make regulations (

a) respecting the amounts to be included in and exempted from the determination of the income of a person who applies for or receives a widow's pension; -rh£,C!.lrCijiro*a+ar(C<L& uode<- oJh'Ch a. piLrt>Or\it>eUi for a widow's pension, including the manner of determining the amount of a pension a person is eligible for, (

c) respecting the dates on which a person's eligibility for a wid ow's pension commences and terminates; (

d) designating institutions for the purposes of

section 5(b)(iii); (e)- prescribing the~form--afld-eentent of appUca^enfr-aBd-Qther- 'lOilliS'.

'\^(

l) The Alberta Health Care Insurance Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (z): (z.l) "widow's pension" means a widow's pension under the Widows' Pension Act.

(3) Section 3 is amended by repealing subsection (2) and substituting the following:

(2) The Minister shaU, in accordance with the regulations, pro vide extended health benefits to a registrant and his dependants if (

a) the registrant or his spouse is 65 years of age or older, or (

b) the registrant is receiving a widow's pension.

(4) The following is added after

section 28: 28.1(1) No subscription is payable under an optional contract if the subscriber is receiving a widow's pension. (2) Subsection (1) applies to an optional contract (

a) if the subscriber is receiving the widow's pension at the time the contract is issued, or (

b) on the date the subscriber is first paid a widow's pension, if that date occurs after the contract is issued.

(3) The exemption from liability for the payment of subscrip tions under subsection (1) ceases at the end of the 2nd month foUowing the month in which (

a) the death of the subscriber who was receiving the widow's pension occurs, or (

b) the subscriber becomes ineligible for the widow's pen sion, whichever occurs first.

(5) Section 37 is amended by repealing subsection (3) and substitut ing the following: (3) Subsection (2) does not apply if (

a) the registrant or his spouse is 65 years of age or over, or (

b) the registrant is receiving a widow's pension at the time of enrolment.

Explanatory Notes 11(1) This

section will amend

chapter A-24 of the Revised Statutes of Alberta 1980.

(2) Definition. (3)

Section 3(2) presently reads:

(2) The Minister shall, in accordance with the regulations, provide ex tended health benefits to a registrant and his dependants if the registrant or his spouse is 65 years of age or over

(4) Exemption. (5)

Section 37(3) presently reads: (3) Subsection (2) does not apply if the registrant or spouse is 65 years of age or over at the time of enrolment.

^2(

l) The Assured Income for the Severely Handicapped Act is amended by this section.

(2) Section 6(3) is amended by striking out "$500" and substituting "$1000'!

(3) Section 9 is amended (

a) in subsection (2) by striking out "$500" and substituting "$1000"; (

b) in subsection (3) (

i) by striking out "$500" and substituting "$1000"; (ii) by adding the following after clause (a): (a.

l) the Widows' Pension Act, ^Z(1) The Health Insurance Premiums Act is amended by this sec tion.

(2) The following is added after

section 4: 4.1(1) No registrant who is receiving a widow's pension under the Widows' Pension Act is liable for the payment of premiums, other than premiums that are payable before this

section be comes effective with respect to that registrant, on behalf of him self or any of his dependants.

(2) This

section is effective with respect to a registrant (

a) on the date the re^stration becomes effective, if the reg istrant is receiving a widow's pension at that time, or (

b) on the date the registrant is first paid a widow's pension, if that date occurs after the effective date of registration.

12(1) This

section will amend

chapter A-48 of the Revised Statutes of Alberta 1980.

(2) Section 6 presently reads in part: 6(1) A person who receives a handicap beneftt shall notify the Director forthwith of any material change in his handicap and in his or his spouse's income.

(3) A person who contravenes subsection (1) is guilty of an offence and liable to a ftne of not more than $500.

(3) Section 9 presently reads in part:

(2) Notwithstanding subsection (1), if a person receives a handicap beneftt to which he is not entitled or an overpayment of the amount of the hand icap benefit to which he is entitled, not exceeding $500, the Director may deduct from further handicap beneftt payments to which the person is otherwise entitled monthly amounts not exceeding 10% of the maximum amount of the handicap beneftt prescribed in the regulations until the full amount of the handicap beneftt to which he is not entitled or the overpay ment has been repaid.

(3) If a debt not exceeding $500 is due to the Crown and recoverable under (

a) the Blind Persons Au, (

b) the Disabled Persons Act, (

c) the Social Development Act, or (

d) regulations under the Disabled Persons' Pensions Act from a person to whom or for whose beneftt a handicap beneftt is paid under this Act, the Director may deduct from further handicap beneftt payments to which the person is otherwise entitled monthly amounts not exceeding 10% of the maximum amount of the handicap beneftt pre scribed in the regulations until the full amount of the debt so due has been repaid. 13(1) This

section will amend

chapter H-5 of the Revised Statutes of Alberta 1980.

(2) Exemption.

(3) The exemption from liabUity for the payment of premiums under subsection (1) ceases at the end of the 2nd month following the month in which (

a) the death of the registrant who was receiving the widow's pension occurs, or (

b) the registrant becomes ineligible for the widow's pension, whichever occurs first. 1^

(1) The Alberta Income Tax Act is amended by this section.

(2) Section 10 is amended (

a) in subsection (l)(

a) by adding ", a widow renter assistance grant" after "homeowner refund"; (

b) in subsection 15(

d) by adding ", widow renter assistance grants" after "homeowner refunds'! "15(1) The Property Tax Reduction Act is amended by this section.

(2) Section 3(1) is amended by adding the following after clause (m): (n) "widow renter" means a person who is receiving a widow's pension imder the Widows' Pension Act and who, exclusively or in company with others, occupies as a normal place of residence for a total of not less than 120 days in the year one or more residences, not being (

i) a nursing home, (ii) an auxiliary hospital, or (iii) an active treatment hospital, and for whom or on whose behalf rent is paid in respect of that occupation; (o) "widow renter assistance grant" means a widow renter as sistance grant made pursuant to this Part.

(3) Section 9 is amended (

a) in subsection (2) by adding "or received a widow's pension under the Widows' Pension Act in that year" after "year"; (

b) in subsection (3)

14(1) This

section will amend

chapter A-31 of the Revised Statutes of Alberta 1980.

(2) Section 10 presently reads in part: 10(1) This

section does not apply to (

a) an individual who has applied for or received a homeowner refund or a senior citizen renter assistance grant under the Property Tax Reduction Act for the same taxation year;

(15) The Lieutenant Governor in Council may make regulations (

d) prescribing any additional rules regarding eligibility or ineligibil ity for credits under this

section for the purpose only of preventing 2 or more homeowner refunds or senior citizen renter assistance grants under the Property Tax Reduction Act or credits under this

section being paid to the same individual or his spouse with respect to the same taxation year; 15(1) This

section will amend

chapter P-19 of the Revised Statutes of Alberta 1980.

(2) Definition.

(3) Section 9 presently reads in part:

(2) If the homeowner or one of the homeowners of a residence or farm land was 65 years of age or older in that year, the property education tax reduction and homeowner refund to the homeowner shall be in an amount determined by regulation. 8

(

i) in clause (

a) by adding "or received a widow's pension under the Widows' Pension Act in the month in which he died" after "died"; (ii) in clause (

b) by adding "or received a widow's pension under the Widows' Pension Act in that year" after "year".

(4) The following is added after

section 20: Division 3 Widow Renter Assistance Grants 20.1(1) No person who receives for any year (

a) a homeowner refund, or (

b) a renter assistance credit, is eligible to apply for or receive a widow renter assistance grant in respect of that same year.

(2) No person who applies for and receives a widow renter as sistance grant for any year is eligible to apply for or receive an additional widow renter assistance grant in respect of that same year. 20.2(1) Except as otherwise provided by this Act or the regula tions, every person who (

a) is a resident of Alberta, and (

b) at any time during a year qualifies as a widow renter, is entitled to a widow renter assistance grant for that year in an amount determined by the regulations.

(2) Except as otherwise provided in this Act and the regulations, every individual who (

a) is a resident of Alberta, (

b) is in receipt of a widow's pension under the Widows' Pension Act, and (

c) during a period or periods totalling at least 120 days in any year (

i) occupies, exclusively or in company with others, as a normal place of abode, one or more mobile units of which he is the owner, and (

u) rents the land or space on which the mobile unit or units are located during that period or periods, whether the rent is paid by him or on his behalf, is entitied to a widow renter assistance grant for that year in an amount determined by the regulations.

(3) When an estate is deemed to be a homeowner by virtue of

section 8(4), then subsection (2) of this

section only applies to that owner in a year if (

a) the deceased person was 65 years of age or older in the month in which he died, or (

b) the mentally incompetent person was 65 years of age or older in that year

(4) Widow renter assistance grants.

20.3 A widow renter assistance grant is payable on application to the Minister in accordance with the regulations. 20.4 If a widow renter dies, his entitlement to a widow renter assistance grant for the year in which he dies continues and the grant is payable to his estate, but this provision shall not be construed so as to extend his actual length of residence required to quaUfy for a widow renter assistance grant under this Act.

(5) Section 22(l)(

a) and (

b) are amended by striking out "or senior citizen renter assistance grant" wherever it occurs and substituting ", senior citizen renter assistance grant or widow renter assistance grant'!

(6) Section 24 is amended (

a) in clause (

c) by adding "or widow renter" after "renter"; (

b) in clause (

g) by adding "or widow renter assistance grant" after "grant"; (

c) in clause (

h) by striking out "or senior citizen renter assistance grants" and substituting ", senior citizen renter assistance grants or widow renter assistance grants"; (

d) in clause (

i) by striking out "or senior citizen renter assist ance grants" and substituting ", senior citizen renter assistance grants or widow renter assistance grants"; (

e) in clause (

k) by adding "or widow renter assistance grant" after "grant"; (

f) in clause (

I) by adding "or widow renter assistance grants" after "grants"; (

g) in clause (

n) by striking out "or senior citizen renter assist ance grants" and substituting ", senior citizen renter assistance grants or widow renter assistance grants"; (

h) by adding the following after clause (o): (o.

l) prescribing the circumstances under which a widow renter is ineUgible to apply for a widow renter assistance grant; (

i) in clause (

q) by adding "or widow renter assistance grant" after "assistance grant"; (

j) in clause (

r) by adding "or widow renter assistance grant" after "assistance grant'! 16(1) The Senior Citizens Benefits Act is amended by this section.

(2) Section 2 is amended by adding the following after subsection {!)•

(1.1) Notwithstanding subsection (l)(b), on and after May 1,1983 a benefit payable by virtue of subsection (l)(

b) may be paid only to a person who

(5) Consequential.

(6) Consequential. 16(1) This

section will amend

chapter S-12 of the Revised Statutes of Alberta 1980.

(2) Section 2 presently reads in part: 2(1) In accordance with the regulations the Minister may, out of money voted by the Legislature for the purpose, pay benefits in those amounts that may be prescribed by the regulations to every person who is a resident of Alberta and who 10

(

a) is receiving such a benefit as of May 1, 1983, and (

b) is not eligible to receive a widow's pension under the Widows' Pension Act.

(3) Section 6 is amended by striking out "$500" and substituting "$1000'! M(

l) The Social Development Act is amended by this section.

(2) Section 13(2) is amended by striking out "$500" and substituting "$1000'!

(3) Section 17 is amended (

a) in subsection (2) by striking out "$500" and substituting "$1000"; (

b) by adding the following after subsection (2):

(3) If a debt not exceeding $1000 is due to the Crown and recoverable under (

a) the Assured Income for the Severely Handicapped Act, or (

b) the Widows' Pension Act from a person to whom or for whose benefit a social allow ance is paid under this Part, the Director may deduct from further social allowance payments to which the person is oth erwise entitled monthly amounts not exceeding 10% of the value of the basic necessities of that person or his dependant untU the fuU amount of the debt is repaid. 18 This Act comes into force on May 1, 1983. 11

(

a) is receiving a pension and a supplement, or (

b) is over the age of 60 arui under the age of 65 and is receiving a spouse's allowance under

section 17.31 of the Old Age Security Act (Canada).

(3) Section 6 presently reads:

(6) A person who knowingly receives a beneftt that he is not entitled to receive under this Act and the regulations is guilty of an offence and liable to a fine of not more than $500 and in default of payment to imprisonment of not more than 3 months. 17(1) This

section will amend

chapter S-16 of the Revised Statutes of Alberta 1980.

(2) Section 13 presently reads: 13(1) A person who is receiving a social allowance shall notify the Director forthwith of any changes in his circumstances that differ from his circum stances as previously reported.

(2) A person who contravenes subsection (1) is guilty of an offence and liable to a fine of not more than $500.

(3) Section 17 presently reads in part:

(2) Notwithstaruiing subsection (1), if a person receives a social allowance to which he is not entitled or an overpayment of the amount of the social allowance to which he is entitled, not exceeding $500, the Director may deduct from further social allowance payments or handicap benefit pay ments to which that person is otherwise entitled, monthly amounts not exceeding 10% of the value of the basic necessities of that person or his dependant until the full amount of the overpayment has been repaid. 11 Title: 1983 (20th, 1st) Bill 26, Widows' Pension Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3646
Type	bill
Volume / chapter	L20 S1 3646
Language	en
Format	json
Source	PROVINCIAL
Identifier	26e27d897fc5d334b6b641eb1de3c102d66310be

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