Alberta Gazette — documents gazette 2007 pdf 09 May15 Part2.pdf

documents gazette 2007 pdf 09 May15 Part2.pdf

Alberta — Gazette

Alberta Regulation 89/2007

Assured Income for the Severely Handicapped Act

APPLICATIONS AND APPEALS (MINISTERIAL) REGULATION

Filed: April 17, 2007

For information only: Made by the Minister of Seniors and Community Supports on

March 21, 2007 pursuant to

section 12(2) of the Assured Income for the Severely

Handicapped Act, SA 2006 cA-45.1.

Table of Contents

Part 1

Applications and Appeals

1 Definition

2 Application for a benefit

3 Establishing appeal panels

4 Appeals to appeal panel

5 Appeal panels

6 Decisions exempt from appeal

Part 2

Transitionals

7 Income exemption

8 Facilities

9 Dependent child

10 Repeal

11 Expiry

12 Coming into force

Part 1

Applications and Appeals

Definition

1 In this Regulation, "Act" means the Assured Income for the

Severely Handicapped Act.

Application for a benefit

2(1) An application for a benefit must be made in the form acceptable

to and must be accompanied by the information required by a director.

(2) A director may accept an application for reinstatement of a benefit

without proof that the applicant meets the severe handicap eligibility

requirement if the applicant's benefit was terminated within the

previous 2 years on the basis of a different eligibility requirement.

Establishing appeal panels

3 In establishing an appeal panel, the Minister may

(

a) appoint or provide for the manner of the appointment of its

members,

(

b) prescribe the term of office of any member,

(

c) designate a chair,

(

d) authorize, fix or provide for the payment of remuneration and

expenses to its members, and

(

e) prescribe the number of members of the appeal panel that

constitutes a quorum.

Appeals to appeal panel

4 An appeal made in writing to an appeal panel under

section 10(2)

of the Act must include the following:

(

a) the name of the appellant or the person appealing on his or

her behalf;

(

b) a description of the decision of the director which is being

appealed;

(

c) the date of the director's decision;

(

d) the date the affected party received notice of the director's

decision;

(

e) the reason for the appeal;

(

f) the signature of the appellant or the person appealing on his

or her behalf.

Appeal panels

5(1) An appeal panel must not make a decision in an appeal of a

director's decision that the director would not have authority to make

under the Act and regulations.

(2) An appeal panel must confirm the director's decision that is being

appealed if it determines the appeal has been abandoned.

Decisions exempt from appeal

6 The decisions of a director that may not be appealed to an appeal

panel under

section 10 of the Act are:

(

a) a decision of a director with respect to a personal benefit

under

section 8(1)(

a) and (

b) of

Schedule 3 to the Assured

Income for the Severely Handicapped General Regulation;

(

b) a decision to refuse, vary, suspend or discontinue a benefit

under

section 5(1)(b)(ii) of the Assured Income for the

Severely Handicapped General Regulation;

(

c) a decision to require repayment of a benefit or an assignment

under

section 4(4) of the Assured Income for the Severely

Handicapped General Regulation;

(

d) a decision with respect to collecting a debt due, including an

amount repayable under a repayment agreement;

(

e) a decision to deduct an amount owed by the client to the

Government of Alberta from an underpayment under

section

10(2) of the Assured Income for the Severely Handicapped

General Regulation.

Part 2

Transitionals

Income exemption

7 A client who received an income exemption under

section 2 of

Schedule 1 to the repealed Assured Income for the Severely

Handicapped Regulation (AR 203/99) continues, in accordance with

the requirements of that Regulation, to have that amount deducted

from income under the Assured Income for the Severely Handicapped

General Regulation.

Facilities

8 A client is deemed to be a resident of a facility under the Assured

Income for the Severely Handicapped General Regulation if the client

(

a) immediately prior to the coming into force of this Regulation,

was receiving a modified handicap benefit under the Assured

Income for the Severely Handicapped Act, RSA 2000 cA-45,

and

(

b) immediately prior to the coming into force of this Regulation

and continuously since then, has resided in a facility

designated under

section 2 of

Schedule 1, excluding clauses

(

f) and (i), to the repealed Facilities, Institutions, Health

Benefits Regulation (AR 209/99).

Dependent child

9 A client's child is deemed to be a dependent child despite the fact

the child is married or in a cohabiting partner relationship if,

(

a) immediately prior to the coming into force of this Regulation,

the client was receiving a living allowance or modified living

allowance, and

(

b) immediately prior to the coming into force of this Regulation

and continuously since then, the child has otherwise qualified

as a dependent child.

Repeal

10 The Facilities, Institutions, Health Benefits Regulation

(AR 209/99) is repealed.

Expiry

11 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2017.

Coming into force

12 This Regulation comes into force on the coming into force of the

Assured Income for the Severely Handicapped Act, SA 2006 cA-45.1.

--------------------------------

Alberta Regulation 90/2007

Hospitals Act

CROWN'S RIGHT OF RECOVERY (MINISTERIAL)

AMENDMENT REGULATION

Filed: April 18, 2007

For information only: Made by the Minister of Health and Wellness (M.O. 39/2007)

on April 2, 2007 pursuant to

section 96(2) of the Hospitals Act.

1 The Crown's Right of Recovery (Ministerial) Regulation

(AR 160/96) is amended by this Regulation.

Section 1(1)(

b) is amended by striking out "The Alberta

Hospital Ponoka" and substituting "Centennial Centre for Mental

Health and Brain Injury".

Alberta Regulation 91/2007

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

GENERAL REGULATION

Filed: April 20, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 199/2007)

on April 20, 2007 pursuant to

section 12 of the Assured Income for the Severely

Handicapped Act.

Table of Contents

Definitions

Eligibility

2 When benefits provided

3 Asset and income eligibility

4 Additional eligibility conditions

5 Refusal, etc. of eligible persons

Benefits

6 Living allowance, modified living allowance, child benefit

7 Health benefit

8 Personal benefits

Review of Benefits

9 Overpayments

10 Underpayments

11 Reporting to a director

Financial Administrators

12 Appointments

13 Duties

14 Revocation

General Matters

15 Repeal

16 Expiry

17 Coming into force

Schedules

Definitions

1(1) In this Regulation,

(a) "Act" means the Assured Income for the Severely

Handicapped Act;

(b) "financially interdependent" does not include a financial

interdependence based on the provision of child support,

spousal support or adult interdependent partner support;

(c) "institution" means a place or part of a place

(

i) for the detention or correction of persons who have

committed a crime or who are charged with the

commission of a crime,

(ii) designated under the Mental Health Regulation

(AR 19/2004) as a facility, or

(iii) designated by the Minister as an institution and that

receives funding under the Persons with Developmental

Disabilities Community Governance Act.

(2) In the Act,

(a) "cohabiting partner" means one person with whom a person

(

i) is residing and

(

A) who is his or her spouse,

(

B) has, in the opinion of a director, a relationship of

interdependence as described in the Adult

Interdependent Relationships Act, or

(

C) has a natural or adopted child,

(ii) has a relationship described in paragraphs (

A) to (

C) and is financially interdependent;

(b) "dependent child" means an unmarried child or a child who

is not in a cohabiting partner relationship for whom no

financial assistance is provided under a Government of

Canada or Alberta program designated by the Minister who

(

i) dependent for support on the person,

(ii) residing with the person or would ordinarily be if that

person or the dependent child was not residing in a

facility, and

(iii) under 18 years of age or, if attending an education

program acceptable to a director, under 20 years of age;

(c) "facility" means

(

i) a nursing home as defined in the Nursing Homes Act,

(ii) the part of an approved hospital or auxiliary hospital as

defined in the Hospitals Act in which a person receives

similar care as received in a facility described in

subclause (

i) that is not designated under the Mental

Health Regulation (AR 19/2004) as a facility,

(iii) the part of a residential facility approved by the Minister

as a designated assisted living unit where a person is

admitted or discharged by a regional health authority on

the basis of health needs, or

(iv) a residential facility or part of a residential facility

approved by the Minister in exceptional circumstances

when an applicant or client has unique care needs;

(d) "financial hardship" means that a person is unable to arrange

his or her circumstances and financial affairs to meet his or

her basic needs and those of his or her cohabiting partner and

dependent child.

Eligibility

When benefits provided

2 A director may provide a person who is eligible under the Act and

this Regulation

(

a) a living allowance, a modified living allowance and a child

benefit in accordance with

section 6,

(

b) a health benefit in accordance with

section 7, and

(

c) a personal benefit in accordance with

section 8.

Asset and income eligibility

3(1) Income is determined for the purposes of

section 3(3)(

c) of the

Act in accordance with

Schedule 1.

(2) The value of assets is determined for the purposes of

section

3(3)(

d) of the Act in accordance with

Schedule 2.

Additional eligibility conditions

4(1) For the purposes of

section 3(3)(

e) of the Act, the additional

conditions a person must meet to be eligible to receive a benefit are set

out in this section.

(2) To be eligible to receive a benefit, a person must not

(

a) receive a monthly pension under

Part I of the Old Age

Security Act (Canada),

(

b) receive assistance under

Part 2, Division 1 of the Income and

Employment Supports Act, or

(

c) subject to subsections (5) and (6), be a resident of an

institution.

(3) To be eligible to receive a health benefit under

section 7(1)(b),

including a health benefit received for the benefit of a cohabiting

partner or dependent child, or a personal benefit under

section 8(1)(b),

a person must, if required by the Minister, agree to repay the benefit

and to provide an assignment.

(4) To be eligible to receive a personal benefit under

section 8(1)(a), a

person must, if required by a director in appropriate circumstances,

agree to repay the benefit and to provide an assignment.

(5) A director may exempt a client from the requirement of subsection

(2)(

c) for 3 months if, in the director's opinion, the client will not be a

resident of the institution more than 3 months.

(6) If a client exempted under subsection (5) is a resident of an

institution for more than 3 months, a director may provide a further 3

month exemption if, in the director's opinion, the client will not be a

resident of the institution for more than 6 months.

Refusal, etc. of eligible persons

5(1) A director may refuse, vary, suspend or discontinue a benefit for

which an applicant or client is eligible

(

a) if, in the opinion of the director, the applicant or client or his

or her cohabiting partner has

(

i) failed to make use of or to claim income to which he or

she is entitled,

(ii) failed to make use of or to claim the benefit of an asset

to which he or she is entitled,

(iii) failed to provide information as required by

section 5 of

the Act or provided false or incomplete information, or

(iv) failed to comply with a request by the director to gather

or verify information directly from a third party for the

purposes of

section 5 of the Act,

(

b) if, in the opinion of the director, the applicant or client has

(

i) refused to seek or accept or has terminated reasonable

employment,

(ii) failed to request a benefit under the Canada Pension

Plan (Canada) or under

Part 1 of the Old Age Security

Act (Canada) or to assign payment of that benefit in an

amount equivalent to the living allowance or modified

living allowance to the Minister,

(iii) failed to make use of appropriate training or

rehabilitative measures,

(iv) failed to comply with a referral made by the director,

(

v) used benefits for a purpose for which they were not

intended, or

(vi) has temporarily left Alberta,

(

c) if the applicant or client is a sponsored immigrant under a

sponsorship agreement pursuant to the Immigration and

Refugee Protection Act (Canada) and, in the opinion of the

director, the sponsor or co-signer is capable of providing

adequate or appropriate support.

(2) A director may refuse, vary, suspend or discontinue a personal

benefit if the applicant or client failed to comply with a reasonable

request of the director to provide a consent to pay the applicant or

client's personal benefit to a third party.

Benefits

Living allowance, modified living allowance, child benefit

6(1) If an applicant or client resides in a facility, a modified living

allowance may be paid monthly in the sum of

(a) $315, and

(

b) in accordance with subsection (2), the accommodation charge

set in

section 3(1) of the Nursing Homes Operation

Regulation (AR 258/85).

(2) The applicable accommodation charge is the private room rate

unless the facility is funded under the Lodge Assistance program, then

the applicable accommodation charge is the standard room rate.

(3) If an applicant or client does not reside in a facility, a living

allowance of $1050 may be paid monthly.

(4) A child benefit in the amount of $100 may be paid to one applicant

or client per household per dependent child.

(5) The following must be deducted from a benefit paid under this

section:

(

a) if the client resides in a group home owned and operated by

the Government of Alberta that is designated by the Minister,

the amount payable by the person for residence in that group

home;

(

b) the client's income as determined in accordance with

Schedule 1;

(

c) if the client's cohabiting partner is not a client, the cohabiting

partner's income as determined in accordance with

Schedule

Health benefit

7(1) Subject to subsection (2), a health benefit may be provided for a

drug, an essential diabetic supply, ambulance service, an optical and

dental good or service, or other similar good or service

(

a) as provided under a health benefit card issued by the

Minister, or

(

b) that is approved by the Minister.

(2) A health benefit must not be provided to or for the benefit of a

person who is eligible to receive the same or similar benefit, equal to a

benefit under subsection (1)(a), from another program or source.

(3) When a benefit available from another program or source is not

equal to a health benefit under subsection (1)(a), a health benefit may

be provided, as the payor of last resort, for the difference.

(4) Benefits available to a person under an employee health benefit

plan are subject to subsection (2) unless, in a director's opinion, it is

reasonable for the person not to participate in the plan.

(5) A health benefit must not be provided for the benefit of a

cohabiting partner or dependent child who is not a Canadian citizen

unless the cohabiting partner or dependent child is legally resident in

Alberta under the Immigration and Refugee Protection Act (Canada)

and is

(

a) a permanent resident or refugee who is not receiving

(

b) a sponsored immigrant under a sponsorship agreement for

whom the sponsor or co-signor are not providing, in a

director's opinion, adequate or appropriate support, or

(

c) a temporary resident permit holder approved for entry into

Canada by the Alberta Immigration Review Panel.

(6) A health benefit must not be provided for the benefit of a

cohabiting partner or dependent child who is a resident of an

institution.

(7) Despite subsection (6), if a director is of the opinion that the

cohabiting partner or dependent child will not be a resident of the

institution for more than 3 months, a health benefit may be provided.

(8) If a director provided a health benefit to a cohabiting partner or

dependent child under subsection (7), the director may provide a health

benefit for a further 3 months if, in the director's opinion, the

cohabiting partner or dependent child will not be a resident of the

institution for more than 6 months.

Personal benefits

8(1) A personal benefit may be provided

(

a) in accordance with

Schedule 3 when a director considers the

benefit to be necessary, or

(

b) as approved by the Minister when the Minister considers the

benefit to be necessary.

(2) A personal benefit must not be provided if the same or similar

benefit is available from another program or source.

Review of Benefits

Overpayments

9(1) For the purposes of

section 7(1) of the Act, a director is not

required to request repayment of a health benefit if, in the director's

opinion, the client unknowingly received a benefit to which the client

or his or her cohabiting partner or dependent child was not entitled.

(2) To collect any debt due to the Government of Alberta, a director

may deduct the following from the living allowance or modified living

allowance payable to the client:

(

a) if there is a repayment agreement, the amount consented to;

(

b) if there is no repayment agreement, an amount that does not

exceed 10% of the maximum living allowance or modified

living allowance that is payable under this Regulation.

Underpayments

10(1) If a director determines that a client was underpaid a benefit,

the director must pay the outstanding amount to the client.

(2) A director may deduct from an underpayment any amount owed

by the client to the Government of Alberta.

Reporting to a director

11 An applicant or client must notify a director as soon as reasonably

practicable of the following:

(

a) a material change in income, assets or his or her handicap;

(

b) the termination or commencement of employment by the

applicant or client or his or her cohabiting partner;

(

c) if longer than one month, the applicant's or client's or his or

her dependent child's institutionalization, placement in a

facility or absence from Alberta;

(

d) the commencement or dissolution of a cohabiting partner

relationship;

(

e) a change in the number of his or her dependent children;

(

f) a change in his or her address or contact information;

(

g) any matter that could result in the revocation, refusal,

variation or suspension of a benefit.

Financial Administrators

Appointments

12(1) A director may appoint a financial administrator without the

consent of a client when authorized by a committee established by the

Minister.

(2) The committee may authorize the appointment of a financial

administrator if it determines that the client is not capable of managing

his or her own affairs.

Duties

13(1) A financial administrator has the same obligations under the

Act and this Regulation as the client whose benefit he or she

administers.

(2) A financial administrator must

(

a) maintain records of receipts and disbursements of the client's

benefits, and

(

b) as required by a director, provide any information the

director considers necessary to determine if the financial

administrator has been acting in the best interests of the

client.

(3) A financial administrator, who is an owner, officer or employee of

the place of care in which the client resides, may not pay more for the

client's residence and care than the amount considered reasonable by a

director.

(4) A financial administrator must provide the client, if available, a

reasonable amount from the client's living allowance or modified

living allowance for his or her personal use.

Revocation

14 The appointment of a financial administrator may be revoked

(

a) by a director if, in the opinion of the director,

(

i) the financial administrator has not

(

A) acted in the best interests of the client, or

(

B) fulfilled his or her obligations and duties,

(ii) the appointment is no longer necessary,

(

b) by the client if the financial administrator was appointed by

consent and the client provides written notice to a director, or

(

c) by the financial administrator if he or she provides 30 days'

written notice to a director.

General Matters

Repeal

15 The Assured Income for the Severely Handicapped Regulation

(AR 203/99) is repealed.

Expiry

16 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on September 30, 2008.

Coming into force

17 This Regulation comes into force on the coming into force of the

Assured Income for the Severely Handicapped Act, SA 2006 cA-45.1.

Schedule 1

Determination of Income

Total Income

1(1) The following constitute income that is included in a

determination of income:

(

a) income reportable under the Income Tax Act (Canada) that is

not exempted under Table 1;

(

b) tax-exempt employment, self-employment or pension income

of a treaty Indian;

(

c) the value of support, as determined by a director, received by

a sponsored immigrant under an agreement under the

Immigration and Refugee Protection Act (Canada);

(

d) trust income, as deemed by a director, payable to a

beneficiary under a trust.

(2) The following are deducted from the related income under

subsection (1) in a determination of income:

(

a) if the income is employment income, the deductions

allowable under the Income Tax Act (Canada) for

(

i) income tax,

(ii) Canada Pension Plan premiums,

(iii) employment insurance premiums,

(iv) union, professional and like dues, and

(

v) other employment expenses;

(

b) if the income is self-employment income, limited or

non-active partnership income or rental income, the

deductions allowable under the Income Tax Act (Canada) for

(

i) determining net income,

(ii) Canada Pension Plan contributions, and

(iii) union, professional and like dues;

(

c) if the income is employment insurance income, income tax;

(

d) if the income is tax-exempt employment or self-employment

income of a treaty Indian, the deductions that would have

been allowable under this subsection and under the Income

Tax Act (Canada) had the income been taxable.

(3) A director is not required to deduct any amount under subsection

(2) that, in his or her opinion, would not be allowed under the Income

Tax Act (Canada) or that artificially reduces net income.

(4) After the items in subsection (2) have been deducted, the following

are deducted from income:

(

a) subject to subsection (5), if the applicant or client does not

have a cohabiting partner or a dependent child,

(

i) the first $200 plus 25% of the remainder of the income

that is listed in Table 2;

(ii) the first $400 plus 50% of the remainder up to a

maximum of $700 of self-employment and employment

income;

(

b) subject to subsection (5), if the applicant or client has a

cohabiting partner or a dependent child,

(

i) the first $775 plus 25% of the remainder of

(

A) the income that is listed in Table 2, and

(

B) the income of the cohabiting partner that is listed

in Table 3,

and

(ii) the first $975 plus 50% of the remainder up to a

maximum of $1488 of self-employment or employment

income.

(5) For the purposes of subsection (4), cohabiting partners who are

both applicants or clients are treated as if

(

a) they did not have a cohabiting partner, and

(

b) only one has, if any, a dependent child.

(6) The remainder of the income is then prorated or applied to a

specific month in accordance with

section 2 of this

Schedule to

determine income for the purposes of

section 3(3)(

c) of the Act and

section 6(5) of this Regulation.

Monthly income

2(1) Self-employment income is determined by taking the previous

year's income and prorating it over 12 months.

(2) Income, excluding self-employment income, is determined, in the

sole discretion of a director, by one of the following methods:

(

a) if income is reported monthly, based on the prior month's

actual income;

(

b) if income is reported other than monthly,

(

i) based on actual monthly income of the prior reporting

period,

(ii) based on the prior reporting period's actual income

prorated over the number of months in that period, or

(iii) a combination of (

i) and (ii).

(3) Despite subsection (1), if, in a director's opinion, there is a

significant change in the present year's self-employment income, the

director may prorate the previous year's self-employment income over

a different period.

(4) Despite subsections (1) and (3), if, in a director's opinion, income

is reported that relates to a different or longer period, the director may

apply or prorate the income to that period.

Table 1

100% Income Exemptions

1 The following income reportable under the Income Tax Act

(Canada) is exempted from the determination of income:

(

a) honoraria;

(

b) death benefits;

(

c) income for the benefit of a dependent child under the

following:

(

i) a child support agreement;

(ii) the Universal Child Care Benefit program;

(iii) the Child, Youth and Family Enhancement Act;

(iv) the Child and Family Services Authorities Act;

(

d) a benefit under the Act;

(

e) a benefit under the Seniors Benefit Act if it is received by a

cohabiting partner;

(

f) RRSP withdrawals;

(

g) an award or prize given in recognition of outstanding

academic or community achievement;

(

h) a scholarship, bursary or other form of contribution used for

educational purposes at a school or educational establishment

recognized under the Income Tax Act (Canada);

(

i) an education or training grant, an artist grant or a grant to

start a business;

(

j) money received for home repairs or renovations from the

service organization;

(

k) income exempted by the Minister where

(

i) an applicant or client or his or her cohabiting partner is

residing in a facility, and

(ii) the Minister determines that the inclusion of the income

would create a financial hardship.

Table 2

Partial Income Exemptions

(

a) limited or non-active partnership income;

(

b) rental income;

(

c) trust income;

(

d) non-pension annuity income;

(

e) investment income.

Table 3

Special Income Exemptions for

Cohabiting Partners

(

a) pension income;

(

b) income under the Workers' Compensation Act;

(

c) income under the Employment Insurance Act (Canada);

(

d) income, other than a death benefit, under the Canada

Pension Plan (Canada).

Schedule 2

Determination of Value of Assets

Market value

1(1) Assets, excluding annuities, are valued at market value less any

debt secured against that asset evidenced by a written agreement.

(2) A written agreement under subsection (1) must require repayment

of the debt at a rate of interest that, in the opinion of a director, was

reasonable at the time the agreement was made.

(3) An asset disposed of by a person to another person will be

included in the determination of the value of the person's assets if, in a

director's opinion, the asset was disposed of for less than fair market

value to establish or maintain eligibility for a benefit.

(4) A trust of which a person is a beneficiary may be deemed by a

director to be an asset of that person.

(5) An annuity is valued at its present value as calculated by a director

in accordance with generally accepted accounting practices.

(6) A jointly or communally owned asset is equally owned by each

owner unless a written document establishes the percentage of

ownership of each owner.

Exempt assets

2(1) In this section,

(a) "principal residence" means one home or the home quarter

section of a farm, including the buildings on the quarter

section in or on which an applicant or client

(

i) ordinarily resides, or

(ii) if he or she is residing in a facility or institution, his or

her cohabiting partner or dependent child principally

reside;

(b) "vehicle" means a motor vehicle within the meaning of the

Traffic Safety Act that is not used primarily as a recreational

vehicle.

(2) The following are not included in a determination of assets:

(

a) one principal residence;

(

b) one vehicle and one vehicle adapted to accommodate the

handicap of the applicant or client or his or her cohabiting

partner or dependent child;

(

c) a locked-in retirement account;

(

d) clothing and reasonable household items;

(

e) a prepaid funeral;

(

f) proceeds of sale from or an insurance settlement for an asset

described in clause (

a) or (

b) reinvested in an asset described

in clauses (

a) to (

e) within

(i) 90 days, or

(ii) if a purchase is commenced within 90 days of the sale

and the director consents, 180 days;

(

g) an asset held by a trustee in a bankruptcy proceeding;

(

h) a non-commutable annuity purchased on or before February

1, 2002;

Alberta exempted by the Minister and any asset to the extent

it was purchased with that payment;

(

j) an asset exempted by a director if it is disposed of within the

time specified by the director.

Schedule 3

Personal Benefits

Amounts

1 The amounts payable as a benefit under this

Schedule are set by the

Minister.

Travel

2(1) A travel benefit for travel expenses may be provided when

(

a) a client or a client's dependent child has a health problem

which, in the opinion of a director,

(

i) requires regular access to insured health services in

Alberta, and

(ii) is life-threatening or could be permanently debilitating

unless the insured health services are provided,

(

b) a client or a client's dependent child must travel outside his

or her community

(

i) to receive, on a non-emergency basis, insured health

services in Alberta,

(ii) to appear in court if required by the Government of

Canada or Alberta,

(iii) to comply with a court order, or

(iv) at the request of a director,

(

c) a client or a client's dependent child must travel outside his

or her community to receive addiction treatment in a

residential addiction program approved by the Alberta

Alcohol and Drug Abuse Commission, or

(

d) a client requires access

(

i) to a training or employment program that supports his

or her efforts to obtain employment, or

(ii) to a structured program.

(2) A travel benefit may be paid for a person to accompany

(

a) a client if

(

i) the person must, due to the client's medical condition,

accompany the client, and

(ii) the travel benefit is payable under subsection (1)(a), (

b) or (c),

(

b) a client's dependent child if

(

i) the client, due to his or her medical condition, is unable

to accompany the child,

(ii) the person must, due to the child's medical condition or

age, accompany the child, and

(iii) the travel benefit is payable under subsection (1)(a), (

b) or (c).

Child care

3(1) A child care benefit may be provided for subsidized child care in

a daycare or licensed family day home or, if subsidized child care is

not available or appropriate, for private child care for a client's

dependent child.

(2) The child care benefit may only be provided when no adult

member of the household is able to care for the child due to

(

a) employment,

(

b) a medical condition,

(

c) involvement with a training, employment or structured

program, or

(

d) attendance at an approved addictions treatment program.

(3) Despite subsection (2), a child care benefit may be provided

(

a) if a physician or a psychologist determines that it is in the

best interests of the child, or

(

b) when it is unreasonable to expect a child to accompany a

client for travel under

section 2(1)(

b) and no other adult

member of the household is available, for any reason, to

provide child care.

Infant needs

4 An infant benefit may be provided for items required for the care of

a client's infant child if the client or his or her cohabiting partner

(

a) is at least 36 weeks pregnant or has given birth and the

dependent child is not more than 6 months old, or

(

b) has, within the last 6 months, adopted a dependent child who

is less than 12 months old.

Children's education

5 An education benefit may be provided for a client's dependent

child

(

a) for fees and costs to attend school from pre-school to high

school when the child is registered to attend, and

(

b) to establish a registered education savings plan for a client's

dependent child under the Alberta Centennial Education

Savings Plan Act if the child is eligible for a grant under that

Act.

Employment and training supports

6 A training or employment benefit may be paid when a client is

seeking employment, is applying for or participating in a training or

employment program approved by a director or has a job offer

(

a) for applications, deposits, registration or testing fees for the

training or employment program, and

(

b) for tools, goods, services or any other matter that enhances a

client's employability.

Addictions treatment

7 An addiction treatment benefit may be paid for room and board

when a client or his or her dependent child receives necessary

addiction treatment in a residential addiction program approved by the

Alberta Alcohol and Drug Abuse Commission.

Special goods and services

8(1) A special goods and services benefit may be paid when a client

requires

(

a) medical supplies or equipment, including maintenance of that

equipment, essential to manage his or her condition,

(

b) a special diet or supplement,

(

c) specialized clothing,

(

d) a service animal if certified by a training organization

approved by a director, or

(

e) a medical alert service.

(2) A special goods and services benefit under clause (

a) or (

b) may

also be paid when required by a client's dependent child.

Moving benefit

9(1) A moving benefit may be paid for costs related to the

establishment by a client of a new principal residence.

(2) Despite (1), a moving benefit may only be paid for the

transportation of household items when a move to a new principal

residence is essential for any of the following reasons:

(

a) the client or the client's cohabiting partner has accepted

confirmed full time employment in Canada that assures the

client's reasonable future financial independence;

(

b) the client is required to move to accommodation that is

adapted to the client's or client's dependent child's particular

disability;

(

c) the current accommodation is endangering the health or

safety of the client or client's dependent child;

(

d) to escape a situation in which the client or client's dependent

child is being abused;

(

e) the client is moving to another province for financial or

social support.

Remote community benefit

10 A remote community benefit may be provided for a client's

increased costs to maintain a principal residence in a permanent

community without all-season road access.

Emergency

11 An emergency benefit may be paid for reasonable and essential

goods or services required on an emergency basis when, in the opinion

of a director, the client or the client's dependent child is in a situation

that presents a serious health or safety risk due to circumstances

beyond the client's control.

Funeral

12(1) A funeral benefit may be paid to the funeral provider for funeral

expenses when a client or a client's cohabiting partner or dependent

child dies or is buried or cremated in Alberta if the client and his or her

cohabiting partner's financial resources are inadequate and there are no

other means to pay.

(2) Despite subsection (1), when a client or a client's cohabiting

partner or dependent child is buried or cremated outside of Alberta, a

funeral benefit may only be paid for transferring the remains within

Canada for burial or cremation.

--------------------------------

Alberta Regulation 92/2007

Marketing of Agricultural Products Act

ALBERTA MILK MARKETING AMENDMENT REGULATION

Filed: April 24, 2007

For information only: Made by Alberta Milk on April 17, 2007 pursuant to sections

26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Milk Marketing Regulation (AR 151/2002) is

amended by this Regulation.

Section 10(2)(

b) is amended by striking out "$0.02" and

substituting "$0.05".

3 This Regulation comes into force on May 1, 2007.

--------------------------------

Alberta Regulation 93/2007

Historical Resources Act

ARCHAEOLOGICAL AND PALAEONTOLOGICAL RESEARCH

PERMIT AMENDMENT REGULATION

Filed: April 27, 2007

For information only: Made by the Minister of Tourism, Parks, Recreation and

Culture (M.O. 22/07) on April 27, 2007 pursuant to

section 6(2)(

d) of the Historical

Resources Act.

1 The Archaeological and Palaeontological Research

Permit Regulation (AR 254/2002) is amended by this

Regulation.

Section 19 is amended by striking out "April 30, 2007" and

substituting "October 31, 2008".

THE ALBERTA GAZETTE,

PART II, MAY 15, 2007

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2007 pdf 09 May15 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2007 pdf 09 May15 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	493d18e285888d5e4518602943bc2d7f8564427d

Source file is stored in the law ingest library (json).