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Volume 52, No. 23

B.C. Reg. 278/2009

The British Columbia Gazette,

Part II

December 1, 2009

B.C. Reg. 278/2009 , deposited November 27, 2009, pursuant to the CONTINUING CARE ACT [Section 6]. Order in Council 644/2009, approved and ordered November 26, 2009.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Continuing Care Fees Regulation, B.C. Reg. 330/97, is amended

1 effective January 31, 2010, as set out in sections 1 (a), 2 and 3 of the attached Schedule, and

2 effective February 1, 2010, as set out in sections 1 (

b) and (

c) and 4 of the attached Schedule.

— K. FALCON, Minister of Health Services ; C. HANSEN, Presiding Member of the Executive Council .

Schedule

Section 1 of the Continuing Care Fees Regulation, B.C. Reg. 330/97, is amended

(

a) by repealing the definition of "qualified client" ,

(

b) by repealing the definition of "remaining annual income" and substituting the following:

"remaining annual income" means an amount calculated using the following formula:

RAI = C + S – CT – UCCB – CI – I – RDSP

where:

"RAI" means remaining annual income;

"C" means the net income of the client as reported on line 236 of the client's income tax return for the immediately preceding taxation year;

"S" means the net income of the client's spouse as reported on line 236 of the spouse's income tax return for the immediately preceding taxation year;

"CT" means the total income tax paid by the client and, if the value of S is greater than 0, by the client's spouse, as reported on line 435 of their income tax returns for the immediately preceding taxation year;

"UCCB" means the amount of the annual benefit under

section 4 of the Universal Child Care Benefit Act (Canada) that

(

a) is paid to the client, as reported on line 117 of the client's income tax return for the immediately preceding taxation year,

(

b) is paid to the spouse of the client, as reported on line 117 of the spouse's income tax return for the immediately preceding taxation year, or

(

c) is paid to both the client and the spouse of the client, as reported in the manner referred to in paragraphs (

a) and (b);

"CI" means the annual earned income for the client and, if the value of S is greater than 0, for the client's spouse, to a maximum of $25 000 per person;

"I" means the amount of income that corresponds to the client's family unit size in the following table:

Family Unit Size

Amount of Income

$10 284

$16 752

$19 164

$20 880

$22 716

$24 312

$25 908

$27 384

$28 860

$30 336

"RDSP" means the amount of income from the Registered Disability Savings Plan that

(

a) is paid to the client, as reported on line 125 of the client's income tax return for the immediately preceding taxation year,

(

b) is paid to the spouse of the client, as reported on line 125 of the spouse's income tax return for the immediately preceding taxation year, or

(

c) is paid to both the client and the spouse of the client, as reported in the manner referred to in paragraphs (

a) and (b); , and

(

c) by adding the following

definitions:

"Act" means the Continuing Care Act ;

"after tax income" means a monthly amount calculated using the following formula:

ATI = ( D – IT – UCCB – RDSP ) ÷ 12

where:

"ATI" means after tax income;

"C" , "UCCB" and "RDSP" have the same meaning as in the definition of "remaining annual income";

"IT" means the total income tax paid by the client as reported on line 435 of his or her income tax returns for the immediately preceding taxation year;

"residential care services" means a continuing care program prescribed in the Continuing Care Programs Regulation and described as Continuing Care Residential Care Services; .

Section 2 is amended by striking out " Canada Customs and Revenue Agency " and substituting " Canada Revenue Agency ".

Section 3 (1.1) is amended by striking out " qualified ".

4 Sections 4, 5 and 7 are repealed and the following substituted:

Monthly charge for residential care services

(1) Subject to subsections (2), (3) and (4), a client who receives residential care services must pay a monthly charge that equals

(

a) if the client's after tax income is at least $1 375, 80% of the client's after tax income, or

(

b) if the client's after tax income is less than $1 375, an amount that equals the client's after tax income minus $275.

(2) The maximum charge under subsection (1) is $2 932, adjusted every year on January 1, beginning on January 1, 2012, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.

(3) The minimum charge under subsection (1) is

(

a) the monthly maximum total amount of Old Age Security and Guaranteed Income Supplement to which a person is entitled under the Old Age Security Act (Canada) as of July 1 of the previous year,

minus

(b) $275, adjusted every year on January 1, beginning on January 1, 2011, and rounded down to the nearest $0.10.

(4) Despite subsection (1), a client who resides in a facility or a family care home who receives either of the following must pay a monthly charge in an amount equal to the minimum charge under subsection (3):

(

a) income assistance under the Employment and Assistance Act ;

(

b) disability assistance under the Employment and Assistance for Persons with Disabilities Act .

Monthly charge for recipients of residential

care services on January 31, 2010

5.1

(1) In this section:

"former monthly charge" means the monthly charge a grandparented client would have had to pay for residential care services if

section 5 had not been repealed and replaced by B.C. Reg. 278/2009;

"grandparented client" means a client who

(

a) is receiving residential care services on January 31, 2010 and continues to receive residential care services after that date, or

(

b) is approved under the Act on or before January 31, 2010 to receive residential care services and receives residential care services after that date;

"new monthly charge" means the monthly charge a grandparented client must pay for residential care services after the repeal and replacement of

section 5 by B.C. Reg. 278/2009.

(2) Despite

section 5, if the new monthly charge for a grandparented client is higher than the former monthly charge for the grandparented client, the grandparented client must pay a monthly charge that is equal to

(

a) for the period beginning February 1, 2010 and ending December 31, 2010, the former monthly charge plus 50% of the difference between the former monthly charge and the new monthly charge, and

(

b) beginning January 1, 2011, the monthly charge applicable under

section 5.

(3) This

section is repealed March 1, 2011.

Monthly charge for assisted living services

7 A client who receives assisted living services must pay a monthly charge that equals 70% of the client's after tax income.

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