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Volume 55, No. 24

332/2012

The British Columbia Gazette,

Part II

December 4, 2012

B.C. Reg. 332/2012 , deposited November 23, 2012, pursuant to the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26 (2) (h)]. Order in Council 791/2012, approved and ordered November 22, 2012.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2013, the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix.

— M. STILWELL, Minister of Social Development ; N. LETNICK, Presiding Member of the Executive Council .

Appendix

Section 29 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) the report must be submitted by the 5th day of the calendar month following the calendar month in which one or more of the following occur:

(

i) a change that is listed in paragraph (b) (

i) to (v);

(ii) a family unit receives earned income as set out in paragraph (b) (vi);

(iii) a family unit receives unearned income that is compensation paid under

section 29 or 30 of the Workers Compensation Act as set out in paragraph (b) (vii), and , and

(

b) in paragraph (

b) by adding the following subparagraphs:

(vi) if the calendar month is within the calendar year in respect of which the family unit qualifies for an exemption under

section 3.1 of

Schedule B, the amount of earned income received by the family unit in the calendar month and the source of that income;

(vii) if the calendar month is within the calendar year in respect of which the family unit qualifies for an exemption under

section 7.1 of

Schedule B, the amount of unearned income that is compensation paid under sections 29 and 30 of the Workers Compensation Act received by the family unit in the calendar month.

Schedule B is amended

(

a) in

section 1 (

c) by striking out " sections 3 and 4, " and substituting " sections 3, 3.1 and 4, ",

(

b) in

section 1 (

d) by striking out " sections 7 and 8. " and substituting " sections 7, 7.1 and 8. ",

(

c) in

section 3 (1) by striking out " Subject to subsection (2), " and substituting " Subject to subsections (2) and (2.1), ",

(

d) in

section 3 by adding the following subsection:

(2.1) A new family unit described in

section 3.1 (3) (b), (4) (b), (10) (

b) or (11) (

b) that does not provide written notice to the minister in accordance with

section 3.1 (3) (c), (4) (c), (10) (

c) or (11) (c), as applicable, may claim an exemption under this

section except in relation to the calendar month in which the new family unit forms. ,

(

e) in

section 3 (3) by adding the following paragraph:

(a.1) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $1 000, and

(ii) the family unit's total earned income in the calendar month of calculation; ,

(

f) by adding the following section:

Calendar year exemption – earned income

3.1

(1) Despite

section 3 but subject to this section, the amount of earned income in a calendar year calculated under subsection (2) of this

section is exempt for a family unit

(

a) if

(

i) the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this

section applies to the family unit's earned income in the calendar year,

(ii) a recipient in the family unit

(

A) is designated as a person with disabilities for the consecutive 12 calendar month period, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(

B) is a recipient of disability assistance for the 2 calendar months, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(iii) for at least one calendar month in the 12 calendar month period immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), the family unit reported, under

section 29, earned income in an amount that exceeded

(A) $500, in the case of a family unit that includes only one recipient who is designated as a person with disabilities, or

(B) $750, in the case of a family unit that includes two recipients who are designated as persons with disabilities, or

(

b) if

(

i) the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this

section applies to the family unit's earned income in the calendar year, and

(ii) an exemption under this

section applied to the family unit's earned income in the immediately preceding calendar year.

(2) Subject to subsections (3) to (16), the exempt amount for a family unit that qualifies for an exemption under this

section is calculated as follows:

(

a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $9 600, and

(ii) the family unit's total earned income in the calendar year of calculation;

(

b) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $12 000, and

(ii) the family unit's total earned income in the calendar year of calculation;

(

c) in the case of a family unit that includes two recipients who are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i) $19 200, and

(ii) the family unit's total earned income in the calendar year of calculation.

(3) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients, only one of whom is designated as a person with disabilities, and the recipient who is designated as a person with disabilities was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

i) included only one recipient, and

(ii) qualified for an exemption under this

section for the calendar year, and

(

c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this

section applies to the earned income of the new family unit in the calendar year,

the following apply:

(

d) the notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (4) (c), (10) (

c) or (11) (c), or paragraph (

c) of this subsection, as applicable, by the family unit described in paragraph (b) (

i) and (ii) is deemed to be cancelled as of the day the new family unit forms;

(

e) the exempt amount for the new family unit is calculated as follows:

(

i) if the recipient who is designated as a person with disabilities

(

A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (

i) and (ii) formed, and

(

B) was one of two spouses in the other family unit described in clause (

A) of this subparagraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(

C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (

i) and (ii) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

D) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (

i) does not apply, the exempt amount is calculated as the lesser of

(

A) the sum of

(

I) the amount referred to in subsection (2) (a) (

i) minus the earned income of the family unit described in paragraph (b) (

i) and (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

B) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(4) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients,

(

i) who are designated as persons with disabilities, and

(ii) only one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) included only one recipient, and

(

B) qualified for an exemption under this

section for the calendar year, and

(

c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this

section applies to the earned income of the new family unit in the calendar year,

the following apply:

(

d) the notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (3) (c), (10) (

c) or (11) (c), or paragraph (

c) of this subsection, as applicable, by the family unit described in paragraph (b) (ii) (

A) and (

B) is deemed to be cancelled as of the day the new family unit forms;

(

e) the exempt amount for the new family unit is calculated as follows:

(

i) if the recipient described in paragraph (b) (ii)

(

A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (

A) and (

B) formed, and

(

B) was one of two spouses in the other family unit described in clause (

A) of this subparagraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(

C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (

A) and (

B) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

D) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (

i) does not apply, the exempt amount is calculated as the lesser of

(

A) the sum of

(

I) the amount referred to in subsection (2) (a) (

i) minus the earned income of the other family unit described in paragraph (b) (ii) (

A) and (

B) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

B) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(5) If a new family unit

(

a) forms during a calendar year, and

(

b) includes two recipients,

(

i) who are designated as persons with disabilities, and

(ii) each of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) included only one recipient, and

(

B) qualified for an exemption under this

section for the calendar year,

the exempt amount for the new family unit is calculated as follows:

(

c) if only one of the recipients in the new family unit

(

i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (

A) and (

B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (

i) of this paragraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient who separated, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(

B) the amount referred to in subsection (2) (a) (

i) minus the earned income of the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient who did not separate, for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(

d) if each of the recipients in the new family unit

(

i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (

A) and (

B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (

i) of this paragraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which one of the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the other recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(

e) if paragraphs (

c) and (

d) do not apply, the exempt amount is calculated as the lesser of

(

i) the amount referred to in subsection (2) (c) (

i) minus the sum of the earned income of each recipient for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(6) If a family unit that includes two recipients, only one of whom is designated as a person with disabilities,

(

a) qualifies for an exemption under this

section for a calendar year,

(

b) ceased being eligible to receive disability assistance during the calendar year, and

(

c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(

d) the amount set out in subsection (2) (b) (i), as prorated based on the sum of

(

i) the number of calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(

e) the sum of family unit's earned income

(

i) in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (

c) occurred and ending on the last day of the calendar year.

(7) If a family unit that includes two recipients who are designated as persons with disabilities

(

a) qualifies for an exemption under this

section for a calendar year,

(

b) ceased being eligible to receive disability assistance during the calendar year, and

(

c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(

d) the amount set out in subsection (2) (c) (i), as prorated based on the sum of

(

i) the number of calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(

e) the sum of the family unit's earned income

(

i) in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (

c) occurred and ending on the last day of the calendar year.

(8) If a family unit that includes only one recipient

(

a) qualifies for an exemption under this

section for a calendar year,

(

b) ceased being eligible to receive disability assistance during the calendar year, and

(

c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(

d) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

i) the number of calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(

e) the sum of the family unit's earned income

(

i) in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (

c) occurred and ending on the last day of the calendar year.

(9) If a new family unit

(

a) forms during a calendar year, and

(

b) includes two recipients who are designated as person with disabilities,

(

i) one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) qualified for an exemption under this

section for the calendar year,

(

B) included only one recipient,

(

C) ceased being eligible to receive disability assistance during the calendar year, and

(

D) subsequently became eligible to receive disability assistance during the calendar year, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that qualified for an exemption under this

section for the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(

c) the sum of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

A) the number of calendar months the family unit described in paragraph (b) (i) (

A) to (

D) was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event occurred, and

(

B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred, and

(ii) the amount set out in subsection (2) (a) (

i) minus the earned income of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(

d) the sum of the following amounts:

(

i) the new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms;

(ii) the earned income of the other family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred;

(iii) the earned income of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms.

(10) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients who are designated as person with disabilities,

(

i) one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) qualified for an exemption under this

section for the calendar year,

(

B) included only one recipient,

(

C) ceased being eligible to receive disability assistance during the calendar year, and

(

D) subsequently became eligible to receive disability assistance during the calendar year, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that did not qualify for an exemption under this

section for the calendar year, and

(

c) provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this

section applies to the family unit's earned income in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(

d) the sum of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

A) the number of calendar months the family unit described in paragraph (b) (i) (

A) to (

D) was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (

C) occurred, and

(

B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred, and

(ii) $800 multiplied by the number of calendar months the other family unit described in paragraph (b) (ii) was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, minus the earned income of the other family unit described in paragraph (b) (ii) in the calendar months that family unit was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, and

(

e) the sum of

(

i) new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the earned income of the other family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred.

(11) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients, only one of whom is designated as a person with disabilities, and that recipient was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

i) qualified for an exemption under this

section for the calendar year,

(ii) included only one recipient,

(iii) ceased being eligible to receive disability assistance during the calendar year, and

(iv) subsequently became eligible to receive disability assistance during the calendar year, and

(

c) the new family unit provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this

section applies to the family unit's earned income in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(

d) the sum of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

A) the number of calendar months the family unit described in paragraph (b) (

i) to (iii) was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(

B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (b) (iii) occurred,

minus the earned income of the family unit described in paragraph (b) (

i) to (iii) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which that event described in paragraph (b) (iii) occurred, and

(ii) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(

e) the sum of

(

i) new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the earned income of the other family unit described in paragraph (b) (

i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred.

(12) If

(

a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(

b) the family unit, immediately before the separation, qualified for an exemption under this

section for the calendar year, and

(

c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(

d) a recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(

e) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(13) If

(

a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(

b) the family unit, immediately before the separation, qualified for an exemption under this

section for the calendar year, and

(

c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(

d) the notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (3) (c), (4) (c), (10) (

c) or (11) (c), as applicable, in the case of the spouse who is not designated as a person with disabilities, is deemed to be cancelled;

(

e) the recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(

f) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(14) If

(

a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(

b) the family unit

(

i) qualified for an exemption under this

section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) immediately before the separation, was ineligible to receive disability assistance during the calendar year, and

(

c) the recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(

d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(

e) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs and ending on the last day of the calendar year.

(15) If

(

a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(

b) the family unit

(

i) qualified for an exemption under this

section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) immediately before the separation, was ineligible to receive disability assistance during the calendar year, and

(

c) a recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(

d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(

e) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs and ending on the last day of the calendar year.

(16) If a family unit

(

a) qualifies for an exemption under this

section for a calendar year, and

(

b) includes two recipients, one of whom becomes designated as a person with disabilities during the calendar year,

the exempt amount for the family unit, for the period beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, is calculated as the lesser of

(

c) the sum of

(

i) the amount set out in subsection (2) (b) (i), minus the family unit's earned income in the calendar year, and

(ii) $600 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, and

(

d) the family unit's earned income in the calendar months the family unit is eligible to receive disability assistance in the calendar year.

(17) Notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (3) (c), 4 (c), 10 (

c) or 11 (

c) is deemed not to have been provided unless the notice is affirmed by the signature of each recipient in the family unit.

(18) If a family unit provides notice in accordance with subsection (1) (a) (

i) or (b) (i), (3) (c), (4) (c), (10) (

c) or (11) (

c) the family unit may not withdraw the notice.

(19) If a family unit provides notice in accordance with a

section set out in Column 1 of the following Table, the family unit is deemed to also provide notice in accordance with the

section set out in Column 2 that corresponds with the entry in Column 1, if the family unit has not already provided notice in accordance with that section:

Table

Column 1

Column 2

s. 3.1 (1) (a) (

i) s. 7.2 (1) (a) (

i) s. 3.1 (1) (b) (

i) s. 7.2 (1) (b) (

i) s. 3.1 (3) (

c) s. 7.2 (4) (

c) s. 3.1 (4) (

c) s. 7.2 (5) (

c) s. 3.1 (10) (

c) s. 7.2 (11) (

c) s. 3.1 (11) (

c) s. 7.2 (12) (c)

(20) If subsection (19) applies to a notice provided in accordance with this

section and that notice is subsequently deemed to be cancelled as set out in the

section listed in Column 1 of the following Table, the notice in

section 7.2 that was deemed to be provided in accordance with subsection (19) is deemed to be cancelled as set out in the

section listed in Column 2:

Table

Column 1

Column 2

s. 3.1 (3) (

d) s. 7.2 (4) (

d) s. 3.1 (4) (

d) s. 7.2 (5) (

d) s. 3.1 (13) (

d) s. 7.2 (14) (d)

(

g) in

section 7.1 by adding the following subsection:

(2.1) A new family unit described in

section 7.2 (4) (b), (5) (b), (11) (

b) or (12) (

b) that does not provide written notice to the minister in accordance with

section 7.2 (4) (c), (5) (c), (11) (

c) or (12) (c), as applicable, may claim an exemption under this

section except in relation to the calendar month in which the new family unit forms. ,

(

h) in

section 7.1 (3) by adding the following paragraph:

(a.1) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $1 000, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar month of calculation; ,

(

i) in

section 7.1 (4) (

b) by striking out " or " at the end of subparagraph (

i) and by adding the following subparagraph:

(i.1) $1 000, in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, or , and

(

j) by adding the following section:

Calendar year exemption – workers compensation

7.2

(1) Despite

section 7.1 but subject to this section, the amount of unearned income in a calendar year that is compensation paid under sections 29 and 30 of the Workers Compensation Act , as calculated under subsection (2) of this section, is exempt for a family unit

(

a) if

(

i) the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this

section applies to compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar year,

(ii) a recipient in the family unit

(

A) is designated as a person with disabilities for the consecutive 12 calendar month period, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(

B) is a recipient of disability assistance for the 2 calendar months, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(iii) for at least one calendar month in the 12 calendar month period immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), the family unit reported, under

section 29 of this regulation, compensation paid under sections 29 and 30 of the Workers Compensation Act in an amount that exceeded

(A) $500, in the case of a family unit that includes only one recipient who is designated as a person with disabilities, or

(B) $750, in the case of a family unit that includes two recipients who are designated as persons with disabilities, or

(

b) if

(

i) the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this

section applies to compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar year, and

(ii) an exemption under this

section applied to compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the immediately preceding calendar year.

(2) Subject to subsections (4) to (17), the exempt amount for a family unit that qualifies for an exemption under this

section is calculated as follows:

(

a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $9 600, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation;

(

b) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $12 000, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation;

(

c) in the case of a family unit that includes two recipients, both of whom are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i) $19 200, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation.

(3) Despite this section, if a family unit qualifies for an exemption under

section 3.1 and under this section, the sum of the amount of

(

a) earned income of the family unit, and

(

b) total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit,

that is exempted, cannot exceed the exempt amount calculated for the family unit under s. 3.1.

(4) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients, only one of whom is designated as a person with disabilities, and the recipient who is designated as a person with disabilities was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

i) included only one recipient, and

(ii) qualified for an exemption under this

section for the calendar year, and

(

c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this

section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the following apply:

(

d) the notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (5) (c), (11) (

c) or (12) (c), or paragraph (

c) of this subsection, as applicable, by the family unit described in paragraph (b) (

i) and (ii) is deemed to be cancelled as of the day the new family unit forms;

(

e) the exempt amount for the new family unit is calculated as follows:

(

i) if the recipient who is designated as a person with disabilities

(

A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (

i) and (ii) formed, and

(

B) was one of two spouses in the other family unit described in clause (

A) of this subparagraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(

C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (

i) and (ii) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

D) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (

i) does not apply, the exempt amount is calculated as the lesser of

(

A) the sum of

(

I) the amount referred to in subsection (2) (a) (

i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (

i) and (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

B) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(5) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients,

(

i) who are designated as persons with disabilities, and

(ii) only one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) included only one recipient, and

(

B) qualified for an exemption under this

section for the calendar year, and

(

c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this

section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the following apply:

(

d) the notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (4) (c), (11) (

c) or (12) (c), or paragraph (

c) of this subsection, as applicable, by the family unit described in paragraph (b) (ii) (

A) and (

B) is deemed to be cancelled as of the day the new family unit forms;

(

e) the exempt amount for the new family unit is calculated as follows:

(

i) if the recipient described in paragraph (b) (ii)

(

A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (

A) and (

B) formed, and

(

B) was one of two spouses in the other family unit described in clause (

A) of this subparagraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(

C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (

A) and (

B) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

D) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (

i) does not apply, the exempt amount is calculated as the lesser of

(

A) the sum of

(

I) the amount referred to in subsection (2) (a) (

i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) (

A) and (

B) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(

B) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(6) If a new family unit

(

a) forms during a calendar year, and

(

b) includes two recipients,

(

i) who are designated as persons with disabilities, and

(ii) each of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) included only one recipient, and

(

B) qualified for an exemption under this

section for the calendar year,

the exempt amount for the new family unit is calculated as follows:

(

c) if only one of the recipients in the new family unit

(

i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (

A) and (

B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (

i) of this paragraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient who separated, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(

B) the amount referred to in subsection (2) (a) (

i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient who did not separate, for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(

d) if each of the recipients in the new family unit

(

i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (

A) and (

B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (

i) of this paragraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which one of the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the other recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (

A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(

e) if paragraphs (

c) and (

d) do not apply, the exempt amount is calculated as the lesser of

(

i) the amount referred to in subsection (2) (c) (

i) minus the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to each recipient for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(7) If a family unit that includes two recipients, only one of whom is designated as a person with disabilities,

(

a) qualifies for an exemption under this

section for a calendar year,

(

b) ceased being eligible to receive disability assistance during the calendar year, and

(

c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(

d) the amount set out in subsection (2) (b) (i), as prorated based on the sum of

(

i) the number of calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(

e) the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit

(

i) in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (

c) occurred and ending on the last day of the calendar year.

(8) If a family unit, that includes two recipients who are designated as persons with disabilities,

(

a) qualifies for an exemption under this

section for a calendar year,

(

b) ceased being eligible to receive disability assistance during the calendar year, and

(

c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(

d) the amount set out in subsection (2) (c) (i), as prorated based on the sum of

(

i) the number of calendar months the family unit was, before the occurrence of the event described in paragraph (b), eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar months the family unit was, before the occurrence of the event described in paragraph (b), eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(

e) the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit

(

i) in the calendar months the family unit was, before the occurrence of the event described in paragraph (b), eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (

c) occurred and ending on the last day of the calendar year.

(9) If a family unit that includes only one recipient

(

a) qualifies for an exemption under this

section for a calendar year,

(

b) ceased being eligible to receive disability assistance during the calendar year, and

(

c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(

d) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

i) the number of calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(

e) the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit

(

i) in the calendar months the family unit was, before the event described in paragraph (

b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (

b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (

c) occurred and ending on the last day of the calendar year.

(10) If a new family unit

(

a) forms during a calendar year, and

(

b) includes two recipients who are designated as persons with disabilities,

(

i) one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) qualified for an exemption under this

section for the calendar year,

(

B) included only one recipient,

(

C) ceased being eligible to receive disability assistance during the calendar year, and

(

D) subsequently became eligible to receive disability assistance during the calendar year, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that qualified for an exemption under this

section for the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(

c) the sum of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

A) the number of calendar months the family unit described in paragraph (b) (i) (

A) to (

D) was, before the occurrence of the event described in paragraph (b) (i) (C), eligible to receive disability assistance in the calendar year, including the calendar month in which the event occurred, and

(

B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred, and

(ii) the amount set out in subsection (2) (a) (

i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(

d) the sum of the following amounts:

(

i) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms;

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred;

(iii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms.

(11) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients who are designated as persons with disabilities,

(

i) one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

A) was eligible for an exemption under this

section for the calendar year,

(

B) included only one recipient,

(

C) ceased being eligible to receive disability assistance during the calendar year, and

(

D) subsequently became eligible to receive disability assistance during the calendar year, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that did not qualify for an exemption under this

section for the calendar year, and

(

c) provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this

section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(

d) the sum of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

A) the number of calendar months the family unit described in paragraph (b) (i) (

A) to (

D) was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (

C) occurred, and

(

B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred, and

(ii) $800 multiplied by the number of calendar months the other family unit described in paragraph (b) (ii) was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) in the calendar months that family unit was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, and

(

e) the sum of

(

i) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (i) (

A) to (

D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (

C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (

C) occurred.

(12) If a new family unit

(

a) forms during a calendar year,

(

b) includes two recipients, only one of whom is designated as a person with disabilities, and that recipient was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(

i) qualified for an exemption under this

section for the calendar year,

(ii) included only one recipient,

(iii) ceased being eligible to receive disability assistance during the calendar year, and

(iv) subsequently became eligible to receive disability assistance during the calendar year, and

(

c) provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this

section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(

d) the sum of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(

A) the number of calendar months the family unit described in paragraph (b) (

i) to (iii) was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(

B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (b) (iii) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (

i) to (iii) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which that event described in paragraph (b) (iii) occurred, and

(ii) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(

e) the sum of

(

i) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (

i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred.

(13) If

(

a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(

b) the family unit, immediately before the separation, qualified for an exemption under this

section for the calendar year, and

(

c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(

d) a recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(

e) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(14) If

(

a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(

b) the family unit, immediately before the separation, qualified for an exemption under this

section for the calendar year, and

(

c) the separation occurs when the family unit was eligible to receive disability assistance,

the following apply:

(

d) the notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (4) (c), (5) (c), (11) (

c) or (12) (c), as applicable, in the case of the spouse who is not designated as a person with disabilities, is deemed to be cancelled;

(

e) the recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(

f) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(15) If

(

a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(

b) the family unit

(

i) qualified for an exemption under this

section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) was ineligible, immediately before the separation, to receive disability assistance during the calendar year, and

(

c) the recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(

d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(

e) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs and ending on the last day of the calendar year.

(16) If

(

a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(

b) the family unit

(

i) qualified for an exemption under this

section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) was ineligible, immediately before the separation, to receive disability assistance during the calendar year, and

(

c) a recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(

d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(

e) the exempt amount for the new family unit is calculated as the lesser of

(

i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs, and

(ii) the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (

c) occurs and ending on the last day of the calendar year.

(17) If a family unit

(

a) qualifies for an exemption under this

section for a calendar year, and

(

b) includes two recipients, one of whom becomes designated as a person with disabilities during the calendar year,

the exempt amount for the family unit, for the period beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, is calculated as the lesser of

(

c) the sum of

(

i) the amount set out in subsection (2) (b) (i), minus the family unit's earned income in the calendar year, and

(ii) $600 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, and

(

d) the family unit's earned income in the calendar months the family unit is eligible to receive disability assistance in the calendar year.

(18) Notice provided in accordance with subsection (1) (a) (

i) or (b) (i), (4) (c), (5) (c), (11) (

c) or (12) (

c) is deemed not to have been provided unless the notice is affirmed by the signature of each recipient in the family unit.

(19) If a family unit provides notice in accordance with subsection (1) (a) (

i) or (b) (i), (4) (c), (5) (c), (11) (

c) or (12) (

c) the family unit may not withdraw the notice.

(20) If a family unit provides notice in accordance with a

section set out in Column 1 of the following Table, the family unit is deemed to also provide notice in accordance with the

section set out in Column 2 that corresponds with the entry in Column 1, if the family unit has not already provided notice in accordance with that section:

Table

Column 1

Column 2

s. 7.2 (1) (a) (

i) s. 3.1 (1) (a) (

i) s. 7.2 (1) (b) (

i) s. 3.1 (1) (b) (

i) s. 7.2 (4) (

c) s. 3.1 (3) (

c) s. 7.2 (5) (

c) s. 3.1 (4) (

c) s. 7.2 (11) (

c) s. 3.1 (10) (

c) s. 7.2 (12) (

c) s. 3.1 (11) (c)

(21) If subsection (20) applies to a notice provided in accordance with this

section and that notice is subsequently deemed to be cancelled as set out in the

section listed in Column 1 of the following Table, the notice in

section 3.1 that was deemed to be provided in accordance with subsection (20) is deemed to be cancelled as set out in the

section listed in Column 2:

Table

Column 1

Column 2

s. 7.2 (4) (

d) s. 3.1 (3) (

d) s. 7.2 (5) (

d) s. 3.1 (4) (

d) s. 7.2 (14) (

d) s. 3.1 (13) (

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