Newfoundland and Labrador Gazette, Part II — 30 November 2004 (Extraordinary Issue) — Regulations NLR 143/04, NLR 144/04

NLG 2004-11-30

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, NOVEMBER 30, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 143/04 144/04

Extraordinary Gazette November 30, 2004 3 NEWFOUNDLAND AND LABRADOR REGULATION 143/04 Proclamation bringing Act into force under the Income and Employment Support Act (O.C. 2004-460) (Filed November 26, 2004) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. EDWARD ROBERTS THOMAS W. MARSHALL, QC Lieutenant Governor Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 64 of

An Act Respecting the Provision of Income and Employment Support to the People of the Province , S.N.L. 2002, c . I-0.1 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council.; AND

WHEREAS it is deemed it expedi ent that th e Act shall now come into force. NOW KNOW YE, that We, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proc- lamation declare and direct that

An Act Respecting the Provision of Income and Employment Support to the People of the Province, S.N.L. 2002 c. I-0.1, shall come into force on November 30, 2004. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have ca used these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed.

Extraordinary Gazette November 30, 2004 4 WITNESS: Our trusty and well-beloved the Honourable Edward Roberts, one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 25th day of November, in the year of Our Lord two thousand and four and in the fifty- third year of Our Reign. BY COMMAND, JACK BRYNE Registrar General

Extraordinary Gazette November 30, 2004 5 NEWFOUNDLAND AND LABRADOR REGULATION 144/04 Income and Employment Support Regulations under the Income and Employment Support Act (O.C. 2004-461) (Filed November 26, 2004) Under the authority of

section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, November 23, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions

PART I INCOME SUPPORT 3. Application for income support 4. Residency required 5. Information which may be required to assess or review eligibility 6. Criteria to assess informa- tion 7. Responsibilities of applicant or recipient 8.

Definitions 9. Determining eligibility of an applicant 10. Effect of lump sum payment on continued eligibility 11. Deduction 12. Exemptions

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 6 13. Maintaining a residence 14. Maximum monthly income support- board and lodging 15. Income support for persons 30 years of age and younger 16. Rent or mortgage 17. Start up allowance 18. Determination of support 19. Other income support 20. Frequency and manner of payment 21. Special needs -furniture 22. Special needs -eye examina- tions 23. Special needs - eye glasses 24. Special needs- dentures 25. Support trust 26. Maximum permissible liquid assets 27. Where death is involved 28. Emergencies, disasters and other circumstances 29. Review of eligibility

PART II EMPLOYMENT SUPPORT 30. Employment support 31. Financial employment supports 32. Application for employment support 33. Residency required 34. Criteria to assess application 35. Information which may be required to assess or review eligibility 36. Responsibilities of an appli- cant or recipient 37. Wage subsidy programs 38. Employment development supports 39. Placement support allow- ance 40. Short term training 41. Work supports 42. Assessment and counselling 43. Employment supports for people with disabilities

PART III GENERAL 44. Use of income support to provide employment support 45. Conjugal relationship 46. Investigations 47. Temporary or permanent incapacity 48. Other powers and duties of officers 49. Information exchange

PART IV UNDERPAYMENT, OVERPAYMENT AND RECOVERY 50. Rate of recovery 51. Apportionment 52. Certificate of judgment 53. Set off 54. Amount and rate of gar- nishment

PART V APPEALS 55. Request for internal review 56. Internal review 57. Appeal to the appeal board 58. Board practice and proce- dure 59. Remuneration and costs 60. Shorter time period by agreement

PART VI COMMENCEMENT 62. Commencement

Schedule 1. These regulations may be cited as the Income and Employment Support Regulations. 2. In these regulations, (a) "Act" means the Income and Employment Support Act;

Short title

Definitions

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 7 (b) "approved professional" means a member of a professional group approved by the minister for a particular purpose; (c) "child benefit adjustment" means an adjustment to income support as determined by an o fficer when applicants or re- cipients do not receive the maximum Canada Child Tax Benefit or the Newfoundland and Labrador Child Benefit; (d) "dependent student" means a person 18 years of age and older who lives with a relative and attends high school; (e) "housekeeping services" means those activities provided to a recipient which are necessary to maintain a household for a period of time determined by an officer and does not include supportive services; (f) "non-EI eligible" means a person is not receiving employ- ment insurance benefits and has not received those benefits within the last 3 years, or has not received employment in- surance maternity or parental benefits within the last 5 years; (g) "person requiring supportive services" means a person who, as certified by an approved pr ofessional, requires supportive services to assist with daily living; (h) "refundable tax credit" means a tax credit which is consid- ered to be refundable which is not required to reduce an ap- plicant's or recipient's tax liability and which is paid to the applicant or recipient monthly or quarterly but does not in- clude an income tax refund; (i) "support trust" means a trust fund established for the use and benefit of a person requiring supportive services as defined in paragraph (g); and (j) "widow or widower", for the purpose of these regulations, applies to spouses and cohabiting partners.

PART I INCOME SUPPORT 3.

(1) An application for income support may be made in person or by Application for income support

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 8 (

a) telephone application process; (

b) mail; or (

c) other means acceptable to th e minister, including electronic means where available.

(2) An application for income support shall not be considered to be received by the minister and shall not be assessed unless it is in a form and made in a manner approved by the minister.

(3) An application for income support shall be completed within 30 days and where an application has not been completed within that time period, a new application shall be made. 4.

(1) An applicant or recipient shall live in the province to be eligible for income support and to continue receiving income support.

(2) Notwithstanding subsection (1), a recipient may be absent from the province (

a) for a period of up to 60 days for a purpose approved by an officer; or (

b) for a period of more than 60 days if the absence is due to medical reasons and is approved by an officer.

(3) Where a recipient leaves th e province for any reason, includ- ing work, he or she shall be eligible for income support up to and in- cluding the end of the period during which he or she last received in- come support. 5.

(1) An applicant or recipient sh all, where required for an as- sessment of his or her eligibility for income support, provide the fol- lowing: (

a) proof of his or her personal information which may be re- quired by an officer; (

b) information regarding his or her citizenship or residency status, including whether an applicant or recipient is a landed immigrant or a refugee claimant; Residency required Information which may be required to assess or review eligibility

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 9 (

c) his or her consent for the release of, obtaining or verifying personal information about him or her; (

d) proof of the identity of all adults, children and dependent students residing in the home and their relationship to the applicant or recipient; (

e) verification of whether he or she is renting, boarding or has responsibility for a mortgage and the length of time for which he or she has been boarding or renting; and (

f) other information that may be required to assess eligibility as determined by an officer and the information required under this

section shall be used for the purpose for which it was obtained and for no other purpose.

(2) Notwithstanding subsection (1), an officer may require, in writing, that the recipient provide additional information to assess his or her eligibility and the recipient shall comply in a manner acceptable to the minister within 30 days of the request being made by the officer.

(3) An officer may, in his or her discretion, make exceptions to the time period referred to in subsection (2).

(4) Where information is required under this section, a photo- copy is considered acceptable.

(5) Where a recipient fails to comply with a request under sub- section (2) in the time period prescrib ed in that subsection, the officer may deny, vary, suspend or cancel that recipient's income support. 6.

(1) An application for income support shall be assessed by an examination of the following criteria: (

a) the applicant's income and liquid assets; (

b) any monies held on the applicant's behalf by a person other than the applicant, his or her spouse or cohabiting partner; (

c) the applicant's age; Criteria to assess information

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 10 (

d) the applicant's residency st atus, including whether an appli- cant is a landed immigrant or refugee claimant; (

e) a determination of whether the applicant is married or is a cohabiting partner; (

f) a determination of whether the applicant is boarding or shar- ing shelter and utility expenses with another person; and (

g) those other criteria that the minister may determine.

(2) An officer, in assessing an application for income support, shall: (

a) request any additional information required to assess the application; (

b) verify any information requir ed to assess an application; (

c) assess the amount and source of income which the applicant has received in the 60 days prior to the date of application; (

d) assess the applicant's income, liquid assets and any assets held on the applicant's behalf; (

e) record the transfer or sale of the applicant’s real property or assets; (

f) assess the financial contribution of other adults in the home; and (

g) determine the eligibility of the applicant.

(3) Where an officer has assess ed an application under subsec- tion (2) and has determined that the applicant is (

a) eligible for income support, issue income support to him or her according to the Act, these regulations, and any policies, procedures and service standards established by the minister, or (

b) not eligible for income support, inform the applicant of the date upon which he or she may become eligible, as deter-

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 11 mined by an officer and of his or her right to request an in- ternal review of the determination of ineligibility and pend- ing the outcome of the internal review, of his or her right to appeal under the authority of the Act and these regulations. 7.

(1) An applicant or recipient shall immediately report to an offi- cer any circumstances which may aff ect the applicant’s or recipient's eligibility for income support, including: (

a) change of address; (

b) change in living arrangements; (

c) change in marital or cohabitation status; (

d) change in the circumstan ces of any dependent children; (

e) change in income, liquid a ssets, real property or assets; (

f) absence from the province of the applicant, recipient or his or her child or dependent student; (

g) change in the reason for th e application for income support; (

h) receipt of a liquid asset; (

i) sale or transfer of asse ts, including any real property; (

j) change in expenses incurred in earning income; (

k) any other circumstances that the minister may determine.

(2) An officer may deny, vary, suspend or cancel income sup- port where a circumstance referred to in subsection (1) has been con- firmed and shall notify an applicant or recipient in writing of that action and shall inform the applicant or recipient of his or her right to request an internal review of that action and pending the outcome of the inter- nal review, of his or her right to appeal under the authority of the Act and these regulations. 8. In this Part Responsibilities of applicant or recipi- ent

Definitions

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 12 (a) "exempt income" means income received by an applicant or recipient which is not considered in determining eligibility for income support, provided that the income is obtained by means of (

i) a federal compensation pa yment where an applicant or recipient or his or her dependent child or dependent stu- dent has contracted AIDS through a blood transfusion, (ii) income from interest from cash in a bank, stocks, bonds, or dividends from a corporation or from a support trust referred to in subsection 25(3), (iii) a payment under the 1986-1990 Hepatitis C Settlement Agreements, unless the payment is compensation for loss of income or loss of support under

section 4.02 or 6.01 of the Transfused HCV or Hemophiliac HCV Plans, (iv) federal and provincial re fundable tax credits received by an applicant or recipient, (

v) one or more of the following sources: (

A) payments for children in care, (

B) special child welfare allowances, (

C) child welfare allowances, (

D) payments for alternate family care, (

E) payments for youth under a Youth Services Agree- ment, (

F) government funded disability related supports, (

G) payments received from the Voluntary Student Work and Services Program, or (

H) earnings of dependent students; (b) "liquid assets" means

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 13 (

i) cash on hand or in the bank, and (ii) readily marketable securities and investments but does not include (iii) funds held in trust for a prepaid funeral by a funeral home at the time of an application for income support except where the person is requesting support with fu- neral expenses, (iv) a Registered Education Savings Plan, (

v) funds from a severance package for the period described in subsection 26(2), (vi) a Registered Retirement Savings Plan for the value and period described in subsection 26(3), (vii) funds considered exempt income under paragraph (a), or (viii) funds held in a support trust which do not exceed a total of $100,000; (c) "non-exempt income" means income received by an appli- cant or recipient for which no exemption applies and which is used in determining eligibility but does not include par- tially exempt income, and whic h may be obtained by means of (

i) payments under the Canada Pension Plan, Old Age Security benefits, Veterans ’ Allowance, compensation under the Workplace Health, Safety and Compensation Act, employment insurance benefits, and pensions to the applicant or recipient or to his or her dependent child or dependent student from other sources, (ii) income received from a support trust by a person requir- ing supportive services according to

section 25, (iii) income received from federal training allowances,

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 14 (iv) an assessment based on 50% of the receipts from rental of rooms on property which is used by the applicant or recipient as a residence, (

v) an assessment of rental in come based on 50 % of that income after the deduction of municipal property taxes for rented real property in which the applicant or recipi- ent does not reside, (vi) 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 or spousal maintenance or support by the applicant or recipient under a private agreement, a domestic con- tract or a court order, (vii) payments received by th e applicant or recipient under the Canada-Newfoundland and Labrador Student Loan Program or successor program and designated for shel- ter and living expenses, (viii) net income received from a severance package which an applicant or recipient recei ves upon permanently sever- ing from his or her employer for the period of time that the severance package is payable, (ix) income resulting from the sale of property or the sale of a fishing licence, (

x) payments received as a result of an inheritance or from an estate, and (xi) income from an insurance claim whether it is paid in monthly instalments or by a lump sum payment; in the month that the payment, income, or inheritance is re- ceived; and (d) "partially exempt income" means income to which an ex- emption under

section 12 applies and includes (

i) salary and wages of the applicant or recipient, including income obtained from self-employment,

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 15 (ii) winnings from games of chance or a lottery, (iii) board and lodging income assessed based on 20% of the receipts of board and lodgi ng income from a boarder who is not a relative and that receipt shall not be less than an amount contemplated by subsection 14(1), or paragraph 15(2)(b), (iv) income tax refunds, (

v) scholarships or bursaries, and (vi) incentive allowances as approved by the minister in the month that the income, or payment is received. 9.

(1) A person shall, in accordance with

section 13 of the Act, pursue all other financial resources available to him or her or his or her spouse or cohabiting partner as a condition of eligibility for income support.

(2) An applicant’s eligibility for income support shall be deter- mined based on an examination of his or her liquid assets and if those assets exceed the limits referred to in sections 25 and 26, the applicant shall not be eligible for income support.

(3) Where an applicant’s liqui d assets do not exceed the limits referred to in sections 25 and 26, an applicant’s eligibility for income support shall be determined by evaluating his or her financial situation for the 60 days preceding his or her application according to the follow- ing formula: Basic Requirements + 40% + CBA is greater than or equal to Income - Deductions Where: Basic Requirements = the amount for maintaining a residence referred to in subsection 13(1), plus the amount for shelter referred to in para- graph 16(1) (

a) or (

b) if applicable, for the 60 day period before the date of application, or the amount referred to in subsection 14(1) or (2) for the 60 day period before the date of application Determining eligi- bility of an appli- cant

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 16 CBA = a child benefit adjustment referred to in paragraph 19(1)(

g) if the applicant is entitled to it Income = the applicant’s total net income calculated according to para- graphs 8(

c) and 8(

d) minus the deduction for expenses incurred in earn- ing that income referred to in

section 11 Deduction = the deduction referred to in

section 11 (4) An applicant who is not entitled to income support according to subsection (3) may be reconsidered on the date on which his or her income during the past 60 days has decreased to the level set out in subsection (3).

(5) Notwithstanding another provision of this section, where an applicant is applying for income support due to job action at the work- place, he or she shall not be eligible for income support. 10.

(1) A recipient is ineligible for income support in the month where a lump sum payment of (

a) partially exempt income less the exemptions described in

section 12; or (

b) non-exempt income exceeds the recipient’s monthly entitlement.

(2) A recipient considered to be ineligible for income support under subsection (1) may be reconsidered on the date when the amount by which his or her lump sum payment, less the maximum permissible limit of liquid assets described in sections 25 and 26, less an amount determined by the minister which may be subtracted from a lump sum payment for a health or disability related expense, less the monthly entitlement is reduced to zero by th e calculated daily amount described in subsection (3).

(3) The calculated daily amount is the amount of income sup- port described in subsection 13(1) less the amount in subsection 13(2) if applicable or subsection 14(1) or 14(2) or

section 15 plus the amount in

section 16 if applicable, plus 40%, less the income described in paragraph 8(

c) or 8(d), divided by 30. Effect of lump sum payment on contin- ued eligibility

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 17 11. An officer may authorize a deduction from partially exempt income described in subparagraph 8(d)(

i) in a case where, in order to earn that income, expenditure was incurred. 12. The following exemptions shall be applied to partially exempt income in the month it is received: (

a) for the sum of income described in subparagraphs 8(d)(i), (ii) and (iii), (

i) for a single adult, up to $75 a month, (ii) for 2 or more persons, up to $150 a month, (iii) for a person requiring supportive services, up to $95 a month, (iv) for 2 or more people where at least one person is a per- son requiring supportive services, up to $190 a month; (

b) for income described in subparagraph 8(d)(iv), for a recipi- ent, up to $500 a year; (

c) for income described in subparagraph 8(d)(v), for a recipi- ent, up to $5,000 a year; and (

d) for income described in subparagraph 8(d)(vi), in the case of applicant or recipient, up to $175 a month. 13.

(1) The monthly amount of income support for an applicant or recipient who is renting or owns a residence is up to 1 adult without dependent children $421 1 adult with dependent children 556 1 adult with one dependent student 596 1 adult with 2 dependent students 692 plus 96 for each additional dependent student 2 adults without dependent children 596 2 adults with dependent children 596 2 adults with one dependent student 692 Deduction Exemptions Maintaining a residence

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 18 2 adults with 2 dependent students 788 plus 96 for each additional dependent student

(2) The amounts under this

section are reduced by the following amounts (

a) where the applicant or recipi ent resides in an apartment or a house (

i) where heat and electricity are included, $76 a month, (ii) where heat only is included, $49 a month, or (iii) where electricity only is included, $27 a month; or (

b) where the applicant or recipient resides in a bed sitting room (

i) where heat and electricity are included, $61 a month, (ii) where heat only is included, $49 a month, or (iii) where electricity only is included, $12 a month. 14 .

(1) The monthly amount of income support for an applicant or recipient who is boarding with a non-relative is: 1 adult without dependent children $421 1 adult with dependent children 556 1 adult with one dependent student 596 1 adult with 2 dependent students 692 plus 96 for each additional dependent student 2 adults without dependent children 596 2 adults with dependent children 596 2 adults with one dependent student 692 2 adults with 2 dependent students 788 2 adults with more than 2 dependent students 788 plus 96 for each additional dependent student Maximum monthly income support- board and lodging

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 19

(2) The monthly amount of income support for board and lodg- ing for an applicant or recipient who is boarding with a relative is: 1 adult without dependent children $254 1 adult with dependent children 458 1 adult with one dependent student 505 1 adult with 2 dependent students 692 plus 96 for each additional dependent student 2 adults without dependent children 505 2 adults with dependent children 596 2 adults with one dependent student 692 2 adults with 2 dependent students 788 plus 96 for each additional dependent student 15 .

(1) Notwithstanding

section 13, the monthly amount of income support for a single person under the age of 30 years who is renting or owns a residence and who has no barriers or impairments which would limit that person's pursuit of employment or training as determined by an officer is $203.

(2) Notwithstanding

section 14 and subsections (1) and (3), the monthly amount of income support for board and lodging of a single person under the age of 30 years who, as determined by an officer, has no barriers or impairments which would limit that person's pursuit of employment or training (

a) who is boarding with a relative is $96; or (

b) who is boarding with a non-relative is $140.

(3) Notwithstanding subsection 14(1) and subsections (1) and (2), the monthly amount of income support for a single person under age 30 who, as determined by an officer has barriers or impairments which limit that person's pursuit of employment or training is $399. 16.

(1) The maximum monthly income support (

a) for rent is Income support for persons 30 years of age and younger Rent or mortgage

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 20 (

i) for an adult living alone in a rented room or apartment, an amount up to $149, except where renting from a rela- tive, in which case an amount up to $100, or (ii) for 2 or more people in a rented room or apartment, an amount up to $372 except where renting from a relative, in which case an amount up to $225; and (

b) for mortgage is (

i) for an adult, for the principal and interest on a mortgage for the purchase of a principal residence or for financing the repair of a principal residence, an amount up to $149, or (ii) for 2 or more people, for the principal and interest on a mortgage for the purchase of a principal residence or for financing the repair of a principal residence, an amount up to $372.

(2) Where an applicant's or reci pient's income support has been reduced under subsection 13(2), the amounts under subsection (1) are increased by the amount of the dedu ctions referred to in subsection 13(2) but in no case shall the total amount exceed the actual amount required by the applicant or recipient for shelter.

(3) Notwithstanding subsection (1), (

a) for a widow or widower with no children or dependent stu- dents who is an applicant or recipient, a maximum monthly amount for rent or mortgage up to $372; (

b) for a recipient who was receiving income support under subparagraph (1)(a)(ii) or (1)(b)(ii) but who becomes alone because (

i) that recipient has separated from his or her spouse or cohabiting partner, or (ii) that recipient has experienced the departure from the residence of all dependent children and dependent stu- dents

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 21 a maximum monthly amount up to $372 if that recipient had, prior to becoming alone, been receiving income support for a period of 6 consecutive months; or (

c) where a recipient cannot, due to a mental, physical or social impairment as certified by an approved professional, reside with any other person, a maximum monthly amount up to $372.

(4) In addition to the income support referred to in this section, an officer may grant additional income support up to but not exceeding $61 a month but in no case shall the amount of support under this sec- tion exceed the actual amount required by the applicant or recipient for shelter. 17.

Where an applicant or recipient who was a victim of violence leaves an abusive relationship, he or she may, as determined by an officer, be eligible for the following income support as a contribution to the costs of making the transition from that relationship to a new resi- dence: Number of adults Number of de- pendent children Island Start- Up Allowance Coast of Labrador Start-Up Allow- ance one no dependent children $500 $600 one one dependent child 600 750 one 2 dependent children 700 900 one 3 dependent children 900 1,150 one 4 dependent children 1,000 1,300 one 5 dependent children 1,200 1,550 one 6 dependent children 1,130 1,700 one 7 dependent children 1,500 1,950 Start up allowance

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 22 18.

(1) When determining the amount of income support to be granted under these regulations, an officer shall deduct from the total income support to which the applicant or recipient is entitled under

section 13, 14 or 15 and

section 16 if applicable, (

a) all non-exempt income; and (

b) all partially exempt income minus (

i) the deduction described in

section 11, and (ii) the exemptions described in

section 12.

(2) Notwithstanding subsection (1), where a person under the age of 21 years is applying for income support while boarding with a relative and that person, as determined by an officer, has no barriers or impairments which would limit that person's pursuit of employment or training, the financial resources of that person's parents or legal guardi- ans shall be considered in determining the amount of income support to be granted.

(3) An officer may only grant income support to an employable person between the ages of 18 and 21 years who is living with a rela- tive if (

a) that employable person’s parents or legal guardians are re- ceiving income support; or (

b) the combined income of that employable person’s parents is below the maximum income threshold for the Newfoundland and Labrador child benefit as determined by the Newfound- land and Labrador Child Benefit Regulations, 2004 under the Income Tax Act, 2000. (4) Subsections (2) and (3) shall not apply where the person under the age of 21 years referred to in those subsections has, in the opinion of an approved professional, a barrier or impairment which would limit his or her pursuit of employment or training. 19.

(1) Other monthly income support for which an applicant or recipient may be eligible is: Determination of support Other income support

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 23 (

a) a fuel supplement for an applicant or recipient maintaining a residence in Labrador, up to a maximum of $45; (

b) a fuel supplement for an applicant or recipient maintaining a residence on the island portion of the province, up to a maximum of $25; (

c) for housekeeping services where the person providing the service is a relative, up to a maximum of $239; (

d) for housekeeping services where the person providing the service is not a relative, up to a maximum of $298; (

e) where licensed child care is un available or does not meet the needs of the particular child as determined by an officer, up to $325 for the first child an d up to $125 for each additional child for private unlicensed child care; (

f) for an applicant or recipien t who is receiving the guaranteed income supplement, an amount of $105, but where an appli- cant and his or her spouse or cohabiting partner are both re- ceiving the guaranteed income supplement, an amount of $55; (

g) a child benefit adjustment in an amount approved by the minister; (

h) for a recipient with a dependent child or a dependent student maintaining a residence in a coastal Labrador community, an amount of $150; (

i) an amount of $89 for each r ecipient, dependent child or de- pendent student receiving income support who is legally blind as certified by the Canadian National Institute for the Blind or an approved professional; (

j) an amount of $45 for each r ecipient, dependent child or de- pendent student with diabetes receiving in come support where that person's diabetes has been certified by an ap- proved professional; (

k) for an applicant or recipient boarding with non-relatives who requires additional support due to a persistent and permanent

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 24 social impairment as certified by an approved professional, an additional amount up to $362; and (

l) for items of special need, an amount determined by the min- ister.

(2) Where an applicant or recipient who has no spouse, cohabit- ing partner or dependent students is hospitalized or in an emergency shelter approved by the minister (

a) the applicant may receive an amount of income support up to $125 a month; and (

b) the recipient may continue to receive income support under subsection (1) or sections 13 and 16 if applicable, or

section 14 or 15 for 90 days from the date of admission, and after that time period, he or she may, on the approval of an officer continue to receive income support for an additional 90 days under paragraph 16(

b) if applicable, and an amount of in- come support up to $125 a month; or

(3) Where an applicant or recipi ent with dependants is hospital- ized or admitted to an emergency she lter approved by the minister, that applicant or recipient may receive or continue to receive income sup- port under subsection (1) or sections 13 and 16 if applicable, or

section 14 or 15, and effective the month following the month of admission, the applicant or recipi ent may receive an additional amount of income support up to $125 a month.

(4) Notwithstanding paragraph (2)(b), the minister may, in cer- tain circumstances, extend the time period for which the recipient re- ferred to in that subsection may r eceive income support under subsec- tion (1) or

section 13 or 16 if applicable, or

section 14 or 15.

(5) Other income support for wh ich an applicant or recipient may be eligible is: (

a) for transportation, an amount determined by the prevailing commercial rates; (

b) for board and lodging for temporary periods only, a daily amount that the minister may approve;

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 25 (

c) for a recipient who has been receiving income support con- tinuously for at least 90 days, the arrears of outstanding mu- nicipal taxes and fees levied by a municipality or local ser- vice district retroactive to th e date the recipient began re- ceiving income support; and (

d) a contribution towards a security deposit, $100. 20.

(1) Income support may be paid (

a) daily; (

b) semi-monthly; (

c) monthly; or (

d) at an interval dete rmined by the minister.

(2) Notwithstanding another provision of this Part, a recipient's income support may be used to provide his or her employment support in the manner referred to in

section 44. 21.

(1) An applicant or recipient may, at the discretion of an officer, be eligible for special needs assistance for the following items of furni- ture: (

a) for electric stoves, up to $300; (

b) for refrigerators for applicants or recipients with children, up to $400; (

c) for washers, for applicants or recipients with children, up to $350; (

d) for beds, for the children of applicants or recipients only (

i) up to $125 towards the cost of the mattress, (ii) up to $75 towards the cost of a box spring, or (iii) up to $200 for a bed; (

e) for a crib or for a crib mattress or for both, up to $100. Frequency and manner of payment Special needs - furniture

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 26

(2) All amounts referred to in this

section include HST. 22.

(1) Vision care in the form of an eye examination may be pro- vided to (

a) a recipient who has been receiving income support for a period of at least 3 months; or (

b) an applicant who was receivi ng a level of income equal to the level of income support for which he or she may have been eligible for the 3 months preceding the request for vi- sion care, plus the cost of vision care.

(2) Special needs assistance for vi sion care for an eligible appli- cant or recipient covers no more than one eye exam ination every 36 months except where there is a medically verified eye disease or condi- tion, then more frequently than every 36 months.

(3) Special needs assistance for vision care covers one eye ex- amination every 12 months for children.

(4) The amount for eye examinations is $32. 23.

(1) Vision care in the form of eye glasses may be provided to (

a) a recipient who has been receiving income support for a period of at least 3 months; or (

b) an applicant who was receivi ng a level of income equal to the level of income support for which he or she may have been eligible for the 3 months preceding the request for vi- sion care, plus the cost of the vision care.

(2) Special needs assistance for eye glasses may be provided to an eligible applicant or recipient every 36 months except where there is a medically verified eye disease or condition which would warrant more frequent changes, then more often as medically indicated.

(3) Children under the age of 18 years may be covered for eye glasses once every 12 months if there is a verified change in the child's prescription. Special needs -eye examinations Special needs - eye glasses

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 27

(4) Repairs to eyeglasses may be considered at the discretion of an officer and frames shall be reused where possible.

(5) Notwithstanding subsection (4), the cost for repair of eye glasses shall not exceed one half the amount special needs assistance for eyeglasses.

(6) Special needs assistance for eye glasses shall be (

a) for single vision eye glasses, up to $84; or (

b) for bifocal eye glasses, up to $102. 24. An applicant or recipient who has been receiving income sup- port for a 6 month period prior to having a special needs assistance requirement for dentures may receive the following: (

a) the maximum amounts where denture service is provided by a dentist are, for (

i) an upper set including laboratory fees, up to $598, (ii) a lower set including laboratory fees, up to $598, (iii) a complete set, including upper, lower and laboratory fees, up to $932, (iv) partial dentures including laboratory fees, up to $300, (

v) an immediate post extract ion insertion, up to $443, (vi) a reline including laboratory fees, up to $176, and (vii) repairs, amount of $35 per 15 minute to a maximum of $100; or (

b) the maximum amounts where denture service is provided by a denturist are, for (

i) an upper set, up to $483, (ii) a lower set, up to $483, Special needs- dentures

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 28 (iii) a complete set, including upper and lower set, up to $776, (iv) a re-line, up to $106, (

v) repairs at a amount of $28 per 15 minute maximum, up to $75, and (vi) partial dentures, including laboratory fees, up to $250. 25.

(1) An officer may grant income support to a person over the age of 18 years who requires supportive services and for whose use and benefit there is a support trust provided that (

a) the support trust does not exceed a total of $100,000; and (

b) the person requiring supportive services annually uses the total interest income from the support trust, plus at least 2% of the capital of the support trust; and (

c) the support trust is established and maintained in a manner and under terms and conditions that the minister may estab- lish or approve.

(2) Where the income described in the support trust is used in the manner referred to above, it shall be considered exempt income and does not affect an applicant or recipient’s eligibility for income support.

(3) Where the income described in the support trust has not been used in the manner prescribed in s ubsection (1), it shall be considered non-exempt income and deducted from the income support for which a recipient is considered eligible in a manner determined by an officer.

(4) Notwithstanding subsection (3), the minister may make ex- ceptions to the requirements of that subsection in extenuating circum- stances. 26 .

(1) An officer may grant income support to an applicant or re- cipient if his or her liquid assets do not exceed the maximum permissi- ble limit of (

a) for one person, $500; Support trust Maximum permis- sible liquid assets

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 29 (

b) for 2 or more people, combined liquid assets of $1,500; (

c) for a person requiring supportive services or a person over 65 years of age $3,000; (

d) for a person requiring supportive services or a person over 65 years of age with one or more dependants, including that person's spouse or cohabiting partner, $5,500; and (

e) for a person with a dependen t child where that child requires supportive services, $5,500.

(2) Notwithstanding subsection (1), a severance package (

a) is exempt from the provisions of this

section for the covering period of the severance package; and (

b) after the period referred to in paragraph (

a) has expired, shall be considered a liquid asset.

(3) Notwithstanding subsection (1), a Registered Retirement Savings Plan owned by an applicant or recipient which is valued at less than $10,000 (

a) is exempt from the other provisions of this

section for the first 90 days in which an re cipient receives income support; and (

b) after the period referred to in paragraph (

a) has expired, shall, where the Registered Re tirement Savings Plan may be liquefied, shall be considered a liquid asset. 27.

(1) An officer may grant to th e relative of a deceased person or the representative of a deceased person an amount for the burial of the deceased not exceeding (

a) for an adult or a child 12 years of age or older, a amount of $1,938; (

b) for a child under 12 years of age, an amount of $1,132; (

c) for a still-born child, an amount of $647; or Where death is involved

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 30 (

d) where individuals choose crem ation as an alternative to an earth burial, an amount of $647.

(2) Notwithstanding subsection (1), an officer may also grant to a person referred to in subsection (1) (

a) an amount not exceeding $1 84 with respect to clothing for the burial of a deceased pers on where no appropriate cloth- ing is available; (

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

c) the amount of cemetery charges incurred in burial of a de- ceased person; (

d) the cost of a plastic pouch for the transportation of a de- ceased person; and (

e) an additional sum that an officer considers reasonable for extraordinary and out-of-pocket expenses due to special cir- cumstances.

(3) An officer, when determining the amount for funeral ex- penses, shall deduct (

a) any income to which the deceased person was entitled in the month of his or her death; (

b) any monies held in trust for the deceased person's funeral expenses; (

c) any money held in a bank, credit union or other financial institution by the deceased at th e time of his or her death; and (

d) a death benefit from any sour ce to which the estate of the deceased person is entitled.

(4) In determining an amount under subsection (3), an officer shall consider the income and assets of the deceased person's spouse or cohabiting partner.

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 31 28.

(1) Where income support is required as a result of circum- stances that, in the opinion of an offi cer, create an emergency situation, the officer may grant the income support that is necessary to meet the emergency needs of the applicant or recipient.

(2) Where income support is re quired because of a disaster in the community as determined by the minister, the officer may grant the income support that is necessary to meet the needs of the person related to the disaster.

(3) Where income support is required for a person who has been a victim of violence, an officer may grant the income support necessary to ensure the safety of those individuals and their children and depend- ent students. 29 . The amount of income support payable to a recipient shall be reviewed by an officer periodically in order to determine the continued eligibility of the recipient and may also be reviewed at the request of the recipient.

PART II EMPLOYMENT SUPPORT 30. An applicant or recipient may be considered for employment supports and services contingent upon (

a) that person's eligibility for particular employment supports and services; and (

b) the availability of resources to provide those employment supports and services. 31.

(1) Financial employment supports may be offered through (

a) wage subsidies; (

b) linkages with community based employment agencies; (

c) employment development supports; (

d) employment supports for persons with disabilities; and Emergencies, disasters and other circumstances Review of eligibil- ity Employment support Financial employ- ment supports

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 32 (

e) any other employment supports and services that may assist applicants or recipients prepare for, access and keep work.

(2) Employment supports may vary for applicants and recipients in order to address their different circumstances and needs, and the eligibility of those applicants or recipients may depend on the type of employment support for which he or she has applied. 32.

(1) An application for employment support may be made in person or by (

a) telephone application process; (

b) mail; or (

c) by other means acceptable to the minister, including elec- tronic means where available, and an applicant shall provide the in formation that an officer may re- quire to assess the application.

(2) An application for employment support shall not be consid- ered to be received by the minister and shall not be assessed unless it is in a form or made in a manner approved by the minister.

(3) An application for employment support shall be completed within 30 days and where an application has not been completed within that time period, a new application shall be made. 33.

(1) An applicant and recipient shall live in the province to be eligible for employment support.

(2) Notwithstanding subsection (1), a recipient may be tempo- rarily absent from the province for the purpose of training, education or employment supported by an individual's employment plan and that absence shall, before th e recipient leaves the province, be approved by an officer. 34.

(1) An applicant for employment support shall participate in an assessment and planning process which is satisfactory to the minister.

(2) An application for employment support shall be assessed on criteria which may include Application for employment sup- port Residency required Criteria to assess application

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 33 (

a) whether an applicant has pa rticipated in the assessment and planning process referred to in subsection (1); (

b) the individual’s interests, motivation, preferences, aptitude and goals with regard to self-sufficiency and support needed to prepare for, access and keep employment; (

c) barriers preventing participation in training, employment supports and employment and services required to address those barriers; (

d) the applicant’s qualifications and employment background, including his or her education, training, the location and cir- cumstances of his or her last work experience and any trans- ferable skills he or she may have; (

e) the applicant’s previous ex periences in employment support and the outcomes of other interventions, including details of his or her attendance at those interventions; (

f) whether the intervention for which the applicant has applied builds on, but does not duplicate, previous interventions to help the applicant progress with his or her employment plan; (

g) links with other supports as required; (

h) labour market opportunities; and (

i) those other criteria which may be specific to the particular program of employment support for which the applicant wishes to be considered. 35.

(1) The information which may be required in an application for employment support includes an applicant's (

a) personal information; (

b) citizenship or residency st atus, including whether an appli- cant or recipient is a landed immigrant or refugee claimant; (

c) consent for release, obtaining or verifying information about him or her; Information which may be required to assess or review eligibility

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 34 (

d) financial information that may be required by the minister; and (

e) other information that may be required to assess eligibility as determined by an officer.

(2) For the purpose of determining eligibility for employment support, an officer may assess whether an applicant is eligible for or receives income support or receive s employment insurance or other benefits or supports under

Part II of the Employment Insurance Act (Canada).

(3) In order to assess an application for employment support material proof of the following may be required: (

a) certification of the disability by an approved professional where an applicant is a person with a disability as defined in subsection 43(1); (

b) an applicant's required personal information; (

c) a written employment offer to the applicant; and (

d) other information that may be required by the minister.

(4) Where information is required under this section, a photo- copy is considered acceptable.

(5) An applicant or recipient shall, within 30 days from the original date of the application for employment support, comply fully with an officer's request for documentation to determine the applicant or recipient’s eligibility for employment support.

(6) An officer may, in certain circumstances, make exceptions to the time period referred to in subsection (5).

(7) Where an applicant or recipient fails to comply with the requirements of subsection (5), and no exception has been made under subsection (6), an officer may deny , vary, suspend or cancel an appli- cant's or recipient's employment support.

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 35 36.

(1) An applicant or recipient shall immediately report to an offi- cer any circumstances which may aff ect the applicant or recipient's eligibility for employment support, including (

a) change in transportation expenses; (

b) change in intervention participation; (

c) change in employment status; (

d) change in income; (

e) the absence of the applicant or recipient from the province; and (

f) any other circumstances that the minister may determine.

(2) An officer may deny, vary, suspend or cancel employment support where a circumstance referred to in subsection (1) has been confirmed and shall notify the applican t or recipient in writing of that action and of his or her right to requ est an internal review of the deci- sion of the officer and pending the outcome of the internal review, of his or her right to appeal under the authority of the Act and these regu- lations. 37.

(1) Under the authority of

section 8 of the Act, the minister may enter into contracts and agreements with for profit and not-for-profit employers under wage subsidy programs.

(2) Employment support under this

section shall be determined by negotiation between the employer and the minister.

(3) Employers shall pay local prevailing wage rates.

(4) In order to be eligible under this section, an applicant or recipient (

a) shall be legally entitled to work in Canada; (

b) shall not be an immediate family member of the employer, owner or operator; Responsibilities of an applicant or recipient Wage subsidy programs

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 36 (

c) shall not be part of the regular staff, including seasonal staff, of the employer, owner or operator; (

d) shall be unemployed or underemployed and actively seeking work; (

e) shall meet any other specific eligibility criteria established by the minister for particular wage subsidy programs, which may include a requirement that (

i) the applicant or recipien t be receiving income support referred to in subparagraph 2(k)(

i) of the Act, (ii) the applicant or recipient shall not be currently em- ployed, receiving a federal or provincial pension, work- place health, safety and compensation benefits, em- ployment insurance benefits or another benefit pre- scribed by the minister, (iii) the applicant or recipi ent be non-EI eligible, and (iv) the applicant or recipien t have an employment plan; and (

f) shall meet any other eligibility requirements prescribed by the Act or these regulations.

(5) The employer in a wage subsidy program solely determines whether an eligible applicant or recipient may be employed by him or her.

(6) In extenuating circumstan ces, the minister may approve exceptions (

a) to the terms and conditions of a wage subsidy agreement; or (

b) to the prohibition contained in subparagraph (4)(e)(ii). 38.

(1) An applicant or recipient may be eligible for employment development supports in order to further their employment plan.

(2) In order to be eligible under this section, an applicant or recipient shall Employment development supports

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 37 (

a) be receiving income support under subparagraph 2(k)(

i) of the Act; (

b) reside in the province; (

c) have an approved employment plan; (

d) be non-EI eligible; and (

e) meet any other applicable eligibility criteria prescribed by the Act or these regulations.

(3) Notwithstanding paragraph (2)(d), the minister may make exceptions to the requirements of that paragraph in extenuating circum- stances.

(4) An eligible applicant or r ecipient may receive an amount of employment development support as approved by the minister which may include: (

a) a placement support allowance; (

b) short term training; (

c) work supports; and (

d) financial supports for assessment, counselling and testing services. 39.

(1) A placement support allowance may be available to an eligi- ble applicant or recipient for the purpose of (

a) literacy skills development; (

b) adult basic education; (

c) training; (

d) employment training.

(2) In order to qualify for participation in a placement support program, an applicant or recipient shall participate in a pre-employment or training program in excess of 8 weeks. Placement support allowance

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 38

(3) Eligible applicants or r ecipients may receive the following employment support under this

section (

a) an annual start up allowance; (

b) a monthly stipend; and (

c) transportation costs by the most economical and appropriate means. 40.

(1) Where an applicant or recipient applies to participate in a course that is less than 12 weeks in duration and that program is ineli- gible for student assistance or La bour Market Development Agreement skills development funds, the applicant or recipient may be eligible for employment support for the costs of that training.

(2) An applicant or recipient personally ineligible for student aid assistance wishing to enter a training program which is eligible for student aid assistance shall not be assisted.

(3) Notwithstanding subsection (2), the minister may, in extenu- ating circumstances, make an exception to the prohibition contained in that subsection.

(4) The training referred to in subsection (2) shall be directly related to the employment needs of the applicant or recipient and that person's employment opportunity, and the applicant or recipient shall provide a written confirmation of that employment opportunity.

(5) Training under this

section shall be provided by a registered provider. 41.

(1) An applicant or recipient may be eligible for work supports directly associated with his or her work placement.

(2) Work supports under this

section may include: (

a) work clothing and other work related essentials; (

b) occupation specific tools; Short term training Work supports

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 39 (

c) the cost of transportation fo r an applicant or recipient only, by the most economical and ap propriate means, to relocate to a place of work; and (

d) fees, dues or certificates that may be required. 42. An applicant or recipient may be eligible to receive funding to pay for career, academic, psychological or physical assessments to support employment placements or placements within adult basic edu- cation, training, or employment programs. 43.

(1) For the purpose of determining eligibility for services under this section, "person with a disab ility" means a person who, because of a persistent and permanent physi cal, sensory, speech , communication, psychological, psychiatric, developmental or other disability, demon- strates significant challenges in accessing education, training or em- ployment.

(2) Notwithstanding subsection (1), where the definition in that subsection limits a person’s ability to participate in the Labour Market Agreement for Persons with Disabilities, the Labour Market Agreement for Persons with Disabilities shall apply.

(3) A person with a disability may be eligible for employment supports and services to acquire the skills, experience and supports necessary to successfully prepare for, access and keep work.

(4) Employment support under this

section may be provided under the Labour Market Agreement for Persons with Disabilities or its successor agreement or through othe r employment supports and ser- vices for persons with disabilities.

(5) Where an applicant or recipient (

a) self-identifies as having a disability; and (

b) that applicant or recipient demonstrates, to the satisfaction of an officer, that the disability poses significant challenges to the applicant or recipient in a ccessing education, training or employment that applicant or recipient may be eligible to participate in Labour Mar- ket Agreement for Persons with Disa bilities supports and services or Assessment and counselling Employment supports for people with disabilities

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 40 supports and services under a successo r agreement or in other employ- ment supports and services for persons with disabilities.

(6) Supports and services for which an applicant or recipient may be eligible under this

section include: (

a) job trainer support for an eligible applicant or recipient with a developmental disability; (

b) training services, to be eligible for which an applicant or recipient shall have signific ant challenges in accessing edu- cation, training or employment as a result of their disability; (

c) enabling supports, including maintenance, transportation, tuition and other needs; (

d) assessment services; (

e) restorative services, includi ng support for wheelchairs, pros- thetics and other aids; and (

f) tools and equipment, including support for tools, special clothing, equipment, special aids and modifications to physi- cal structures as approved.

PART III GENERAL 44.

(1) A recipient's income support may, under the authority of subsection 19(2) of the Ac t and according to this section, be used to provide his or her employment support.

(2) Where a recipient has an em ployment plan approved by an officer which confirms that the use of income support to provide em- ployment support is appropriate and where that recipient has been re- ceiving income support for 3 consecutive months, that recipient shall enter into an agreement regarding the manner in which that use may be undertaken.

(3) An agreement referred to in subsection (2) shall contain: (

a) a provision outlining the limits of the use of income support for employment support; Use of income support to provide employment sup- port

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 41 (

b) a statement that the recipient has no eligibility for additional income support during the period in which the use of income support for employment support is in place; and (

c) evidence of the spouse or cohabiting partner's consent for the use of the recipient's income support to finance his or her employment support.

(4) A maximum of 3 month’s entitlement of income support may be used to provide a recipient's employment support.

(5) Income support funds which are to be used to provide em- ployment support may be paid (

a) in a lump sum; or (

b) in instalments to the maximum of eligibility.

(6) Where a recipient is provided with additional income sup- port during the time period for which he or she has already received income support under this section, th at additional income support shall be considered an overpayment and shall be recovered in the manner prescribed by the Act and these regulations.

(7) Notwithstanding another provision of this section, the minis- ter may, in exceptional circumstances, vary the time periods referred to in subsections (2) and (4). 45.

(1) In order to determine whether cohabiting partners as defined by the Act share a conjugal relationship, an officer shall evaluate (

a) the economic interdep endence of the 2 people; (

b) the parental connections of the 2 people based on the evi- dence of shared biological children or whether they share pa- rental roles; or (

c) the societal perception of the 2 people, including whether they present themselves as a couple in the community Conjugal relation- ship

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 42 and if the officer so determines base d on the criteria referred to above, a conjugal relationship shall, for the purpose of these regulations, be considered to exist.

(2) Where a conjugal relationship has been determined to exist under subsection (1), the financial resources of the cohabiting partner shall be evaluated and the income s upport of an appli cant or recipient may, as determined by an officer, be confirmed, denied, varied, sus- pended or cancelled accordingly. 46.

(1) An officer shall, in determining continued eligibility for income or employment support, verify the information provided by the applicant or recipient as required under these regulations to assess eli- gibility.

(2) Where a determination of eligibility is incomplete or unsatis- factory or new information regarding the eligibility of an applicant or recipient has come to the attention of and been verified by an officer, an officer may, under the authority of subsection 18(2) of the Act, per- form those investigations that are n ecessary to determine an applicant's or recipient’s eligibility for income or employment support.

(3) An officer performing an investigation (

a) may (

i) access the applicant's or r ecipient's personal information that may be necessary to complete the investigation, (ii) contact third parties to obtain information about an ap- plicant or recipient to complete an investigation, (iii) make visits to an applicant's or recipient's residence to obtain information to complete an investigation, (iv) at the conclusion of the investigation, recommend that an applicant’s or recipien t’s income or employment support be confirmed, denied, varied, suspended or can- celled under the authority of these regulations, or (

v) make a referral for prosecu tion where there is evidence that an applicant or recipi ent has committed an offence under

section 48 of the Act; and Investigations

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 43 (

b) shall (

i) only conduct an investigation of a recipient on the ap- proval of a manager, (ii) identify himself or herself as an officer and describe the purpose of the contact, (iii) interview an applicant or recipient personally where possible, (iv) at all times provide the applicant or recipient with the opportunity to respond, (

v) complete the investigation within 4 months of it being assigned, (vi) only disclose personal information to third parties for the purpose of obtaining facts related to an investiga- tion, and (vii) not disclose the identity of third parties without their permission to do so and, in addition to the powers and duties prescribed in this subsection, an officer may, with the approval of the minister, do those other things necessary to complete an investigation.

(4) An officer who has received a recommendation from an officer performing an investigation under this

section shall (

a) confirm, deny, vary, suspe nd or cancel the income or em- ployment support of the applicant or recipient who was the subject of the investigation; and (

b) inform the applicant or recipient in writing of any action taken under paragraph (

a) and of his or her right to request an internal review of that action and pending the outcome of the internal review, of his or her right to appeal under the au- thority of the Act and these regulations. 47. Whether an applicant or recipient is permanently or temporarily incapable of managing his or her financial affairs shall be determined Temporary or permanent incapac- ity

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 44 by an officer based on an assessment of the applicant or recipient which shall include (

a) a recommendation by the app licant's or recipient's parents, guardians or others as the minister may determine, together with an opinion by an approved professional with supporting documentation; (

b) an opinion by an approved professional alone, with support- ing documentation; or (

c) a determination by the court. 48.

(1) A support applications social worker may assist any person, including recipients of income or employment support, to obtain child or spousal support where appropriate.

(2) A support applications social worker may, under subsection (1), (

a) assess potential eligibility for child or spousal support; (

b) provide information about child or spousal support; (

c) assist a person completing an application for child or spousal support; (

d) provide information about the court and co urt documents, Child Support Guidelines and how they are applied; (

e) provide general information about the support orders en- forcement process; (

f) explain departmental policies; and (

g) do those other things that are appropriate in his or her capac- ity as an officer appointed by the minister.

(3) A support applications social worker referred to in this sec- tion may appear in court on behalf of the minister where authorized to do so by

an Act of the province. Other powers and duties of officers

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 45 49. For the purpose of determining eligibility for income or em- ployment support and under the authority of

section 7 of the Act, the minister may exchange information with the entities listed in the Schedule.

PART IV UNDERPAYMENT, OVERPAYMENT AND RECOVERY 50.

(1) Where an overpayment has accrued, the minister may re- cover that overpayment (

a) where a recipient receives inco me support only, at a rate of 5% of the recipient's income support referred to in

section 13, 14 or 15; (

b) where a recipient receives employment support only, at a rate of 5% of the recipient's employment support; or (

c) where a recipient receives both income and employment support, at a rate of 5% of the recipient's income support re- ferred to in

section 13, 14 or 15.

(2) The employment support referred to in this

section includes monetary employment support only.

(3) Notwithstanding subsection (1), the minister may, in his or her discretion, (

a) recover the overpayment at a rate lower than the rate pre- scribed in that subsection; or (

b) decline to recover the overpayment.

(4) Notwithstanding subsection (1), where a child benefit ad- justment is paid to a recipient under paragraph 19(1)(

g) and that recipi- ent receives a retroactive payment of the Newfoundland and Labrador child benefit or the Canada Child Ta x Benefit, or both benefits with respect to the same period, the amount of child benefit adjustment that was paid or the retroactive payment, whichever is less, shall be recov- ered in full from the recipient's income support entitlement. Information ex- change Rate of recovery

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 46 51.

(1) Where an overpayment of income support accrues during a marriage or cohabitation, it shall be apportioned equally between the recipient and the recipient's spouse or cohabiting partner for the time period during which they both received the benefit of that overpayment of the income support during the marriage or cohabitation. (2) Subsection (1) applies notwithstanding the subsequent disso- lution of the marriage or cohabitation.

(3) Notwithstanding subsection (1), the minister may, in excep- tional circumstances, vary the manner of apportionment prescribed in that subsection. 52. A certificate of judgment referred to in

section 34 of the Act shall only be issued against former income support recipients who have an overpayment. 53. Where a former recipient who is owed money from an under- payment according to

section 23 of the Act also owes a debt to the Crown in the form of an overpayment under

section 24 of the Act, the money owing to the Crown may be recovered from the money owing to the former recipient and the remainder, if any, shall be paid to the for- mer recipient. 54. The amount and rate of garnishment under

section 29 of the Act shall be the same as that under

section 49 of the Judgment Enforcement Regulations under the Judgment Enforcement Act.

PART V APPEALS 55.

(1) An applicant or recipient ma y request that a decision of an officer be reviewed by an officer or officers appointed by the minister to perform an internal review.

(2) A request under subsection (1) shall be in writing. 56.

(1) An internal review shall be performed in the time period referred to in subsection 41(5) of the Act and the outcome of an internal review shall be communicated to the applicant or recipient in the time period referred to in that subsection.

(2) A communication referred to in subsection (1) shall include Apportionment Certificate of judgment Set off Amount and rate of garnishment Request for internal review Internal review

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 47 (

a) the reasons for the finding or decision; (

b) a notice specifying the right of appeal to the appeal board; (

c) the time within which the ri ght of appeal may be exercised; (

d) the appeal procedure; (

e) the manner in which an appeal may be conducted; and (

f) that the applican t or recipient may access his or her appeal file in anticipation of the appeal, including any record of the appeal. 57. A person aggrieved by the outcome of an internal review may, in writing, appeal that outcome to the appeal board under

section 43 of the Act in the time period referred to in that section. 58. The board may set its policy and procedure but it shall, at all times, (

a) receive sworn evidence in relation to an appeal; and (

b) give clear reasons, in writing, for its decisions. 59.

(1) The rate of remuneration of appeal board members for meet- ings convened under the Act and regulations shall be according to the rates of remuneration for boards, commissions and agencies as set by Treasury Board.

(2) The members of the appeal board shall, in accordance with government policy, be paid all travel, accommodation and other ex- penses necessarily incurred by them in carrying out their duties under the Act and regulations.

(3) The department may, in the most reasonably economic man- ner, support the reasonable costs of an appellant relating to an appeal, but those costs shall not include any fees for legal services. 60. Notwithstanding

section 43 of the Act, where there is an agree- ment among all the parties to the appeal, the hearing of an appeal may be rescheduled with less than 7 days notice. Appeal to the appeal board Board practice and procedure Remuneration and costs Shorter time period by agreement

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 48

PART VI COMMENCEMENT 62. These regulations shall co me into force on the date the In- come and Employment Support Act comes into force. Commencement

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 49

Schedule Entities or Agencies With Whom or With Which The Minister May Exchange Information under subsection 7(3) of the Act Federal Government Departments including: Department of Citizenship and Immigration Department of Finance Department of Health Department of Human Resources and Skills Development Department of Indian Affairs and Northern Development Department of Justice Canada Department of Labour Department of National Revenue Department of Social Development Department of Veterans Affairs Federal Agencies, including: Atlantic Canada Opportunities Agency Canada Revenue Agency Insurance Bureau of Canada Provincial Government Departments including: Department of Education Department of Finance

Income and Employment Support Regulations 144/04 Extraordinary Gazette November 30, 2004 50 Department of Government Services Department of Health and Community Services Department of Innovation, Trade and Rural Development Department of Justice Department of Municipal and Provincial Affairs Government departments of other provinces or territories of Canada including any self-governing aboriginal entities Provincial Agencies, including: Newfoundland and Labrador Housing Corporation Regional Health and Community Services and Integrated Boards under the Health and Community Services Act Workplace Health, Safety and Compensation Commission Memorial University College of the North Atlantic Private post secondary institutions affiliated with employment support programs Community Agencies affiliated with employment support programs Employers affiliated with employment support programs ©Earl G.

Tucker, Queen's Printer

ST. JOHN'S, TUESDAY, NOVEMBER 30, 2004 51 Index Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Income and Employment Support Act Proclamation bring Act NLR 143/04 Ne w Extra. Nov 30/04 p. 3 into force Income and Employment NLR 144/04 New Extra. Nov 30/04 p. 5 Support Regulations

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2004-11-30
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2004 2004 11 30
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	896874209e0a46cd706cca9a8abdaf9d1a895f61

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