Bill 51 (Legislature 11, Session 5)

L11 S5 6848

Alberta — Bills

Bill No. 51 of 1952. A BILL AUTHORIZING THE PAYMENT OF SUPPLE MENTARY ALLOWANCES TO RECIPIENTS OF OLD AGE SECURITY, BLIND PERSONS ALLOWANCES AND OLD AGE ASSISTANCE. NOTE. This is a new Act t0' be kn0'wn as "The Supplementary Allowances Act." The Act pr0'vides that a supplementary all0'wance 0'f an am0'unt n0't in excess 0'f ten d0'llars may be granted monthly to the following: (

a) a person who at the end of 1951 was receiving a supplementary allowance under the provisions of "The Old Age Pensions (Supplenwntary Allow ances) Act"; and (

b) a person who or on 0'r after the first of January, 1952, becomes eligible for an allowance under this Act. A person becomes eligible f0'r an allowance under this Act when he is aw:arded an 'Old age security pension, old age assistance or blind persons allowance under The Old Age Security Act, The Old Age Assistance Act 0'r The Blind Persons Act of the Statutes of Canada, passes a means test fixed b yregulations and has resided in Alberta f0'r the greater portion of the three years immediately preceding the date he qualifies for an old .age security pension or blind persons allowance.

The Minister is empowered to enter int0' agreements with any other province that pays a similar allowance and pays the allowance to residents 0'f that province who have moved to Alberta, providing f0'r the payment of the allowance to Alberta residents who move to such other province. The all0'wance paid to such recipients will be the same as the allowance paid by the other province to its residents. The Lieutenant Governor in Council may make regula tions establishing a means test and, in general, for admin istering the payment and matters incidental t0' the payment of the allowances.

The Lieutenant G0'vernor in Council is empowered to appoint a Board consisting of not less than three persons. The Board will receive applications for allowances, deter mine eligibility 'Of applicants, determine the am'Ount 'Of the all'Owance and direct payment where the applicant is eligible.

ii The Board may nominate a trustee to receive a recipient's allowance where, in its opinion, the recipient is incapable of handling his affairs or likely to use the allowance other wise than for his own benefit. It is an offence to knowingly obtain or receive an allow ance under this Act to which one is not entitled, or to knowingly assist another to so obtain an allowance to which that person is not entitled. A person who obtains an allow ance or aids and abets another to do so in contravention of

section 11 is liable on

summary conviction to a fine not exceeding fifty dollars or to imprisonment for a term not in excess of three months, or both. Allowances and expenses of the administration of this Act are to be paid out of moneys appropriated for that purpose by the L€gislature. The Old Age Pensions (Supplementary Allowances) Act is repealed. The Minister of Public Welfare administers the Act. This Bill comes into force upon assent and is retroactive to the first day of January, 1952, except subclause (ii) of clause (

a) of subsection (2) of

section 3 which is to come into force on April 1st, 1952. J. W. RYAN, Acting Legislative Counsel. (Thl:S note does not forrn any part of the Bill but is offered in explanation of its provisions.)

BILL No. 51 of 1952.

An Act Authorizing the Payment of Supplementary Allowances to Recipients of Old Age Security and Blind Persons Allowances. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The Supplementary Allo'W-

Short title ances Act"fO

Interpretation. 2. In this Act, unless the context otherwise requires,- Interpre- " II" 1 t 11 tation (

a) a owance means a su pp emen ary a owance "allowance' authorized to be paid under this Act and the regu- lations to a person in receipt of an' old age security pension, a blind persons allowance or old age assist- ance; (b) "Board" means the Board appointed pursuant to "Board"

section 6; (c) "inspector" means an inspector of the Department "inspector" of Public Welfare; (d) "Minister" means the Minister of Public Welfare; "Minister" (e) "recipient" means a person to whom an allowance "recipient" is granted; (f) "regulations" means regulations made under this "regulations" Act. 3.

(1) Notwithstanding the provisions of The Old Age Allowa,nce Assistance Act (Alberta) and The Blind Persons Act (AI- authorIzed berta) or any agreement, order or regulation made there- under, an allowance may be paid to a person,- (

a) who was on the thirty-first day of December, 1951, in receipt of a supplementary allowance under The Old Age Pensions (Supplementary Allowances) Act; or (

b) who, on or after the first day of January, 1952, becomes eligible for an allowance under this Act.

(2) A person is eligible for an allowance under this Act,-

(a) (b) (c) 2 who is,- (

i) awarded a pension under The Old Age Security Act (Canada) or an allowance under The Blind Persons Act (Canada) ; or (ii) awarded assistance under The Old Age Assist ance Act (Canada) ; and who qualifies in accordance with such test of finan cial means as may be prescribed by the regulations; and who has resided in the Province of Alberta for the greater portion of the three years immediately prior to the date he was awarded a pension under author ity of the Old Age Pensions Act (Canada) or a pension under The Old Age Security Act (Canada) or an allowance under The Blind Persons Act (Can ada) or assistance under The Old Age Assistance Act (Canada).

(3) The allowance granted a recipient shall be paid in the manner and shall be of such amount, not exceeding ten dollars per month, as may be prescribed by the regulations. Payments 4. The Minister, with the approval of the Lieutenant ~g~Pne~es Governor in Council, may enter into an agreement with the Government of any other province in Canada that,- (

a) pays an allowance of the nature authorized by this Act; and (

b) has agreed to and does pay the allowance to per sons, residents of that province, who have moved to the Province of Alberta; providing for the payment to Alberta residents, who move to such other provin~e, of a monthly allowance equivalent to what he would be entitled were he r,eceiving a pension under the Old Age Pensions Act (Canada), or a pension under The Old Age Security Act (Canada) or an allowance under The Blind Persons Act (Canada), or assistance under The Old Age Assistance Act (Canada) from such other province. Regulations 5. The Lieutenant Governor in Council may make regu- lations,- (

a) prescribing the test of financial means with which each applicant for an allowance must comply; .. (

b) governing the manner of making application for an allowance; (

c) providing for the suspension or cancellation of an allowance; (

d) fixing the amount of the allowance which may be paid to a recipient or to a class or gr'oup of re cipients; (

e) providing for the making of an investigation by an inspector with respect to each applicant for or recipient of an allowance;

3 (

I) prescribing the infol;'mation which each applicant for an allowance shall furnish; (

g) prescribing the manner in which an applicant is to prove any information submitted in support of an appli,cation for an allowance; (

h) fixing the intervals at which, and the manner in which allowances are to be paid; (

i) prescribing forms for use under this Act; (

j) respecting any other matter deemed necessary or advisable to carry out effectively the- purposes of this Act. G.

(1) The Lieutenant Governor in Council may appoint Board, a Board. authonzed

(2) The Board shall consist of not less than three per- sons, one of whom shaH be designated chairman of the Board. 7. The Board shall,- (

a) receive applications for allowances; (

b) determine the eligibility of each applicant for an allowance; (

c) determine the amount of the allowance to be granted, where the applicant is eligible; (

d) direct payment of the allowance in the manner prescribed by the regulations. Duties of Board 8. Where a recipient in the opinion of the Board,- Tr~s~ee for ( ) .. l'k I t th II h' recIpIent a IS uSIng or ley 0 use e a owance ot erWISe authorized than for his own benefit; or (

b) is incapacitated or is incapable of handling his affairs; the Board may appoint a trustee and direct that the allow ance be paid to the trustee for the benefit of the recipient. 9. When a recipient dies, the allowance for the month Payments in which his death takes place may be paid to his estate to estates Or to the person administering the affairs of the deceased recipient. 10. No claim shall be made against a deceased recipient's Claims estate or beneficiaries for any allowance paid the recipient during his lifetime. 11.

(1) No person shall knowingly obtain or receive an Offenc~s and allowance under this Act and the regulations that he is not penalties entitled to obtain or receive.

(2) No person shall knowingly aid or abet another person to obtain or receive an allowance under this Act and the regulations that such person is not entitled to obtain or receive.

Idem Power to appoint Appropria tion Repeal Coming into force 4

(3) A person who violates subsections (1) or (2) is guilty of an offence and is liable on

summary conviction to a fine not exceeding fifty dollars or to imprisonment for a term not ex'ceeding three months, or to both fine and imprisonment. 12. Subject to the provisions of The Public Service Act, 1947, the Lieutenant Governor in Council may appoint such officers and employees as may be necessary for the proper administration of this Act. 13. Allowances and the expenses of the administration of this Act and the regulations shall be paid out of the moneys appropriated for that purpose by the Legislature. 14.

The Old Age Pensions (Supplementary Allowances) Act, being ~hapter 270 of the Revised Statutes of Alberta, 1942, is repealed on the thirty-first day of December, A.D. 1951. 15. This Act shall come into force upon assent and upon so coming into force shall be deemed to have been in force at all times on and after the first day of January, 1952, except subclause (ii) of clause (a) 'Of subsection (2) of

section 3 which shall be deemed to c'Ome into force on the first day of April, 1952.

No.5!. FIFTH SESSION ELEVENTH LECmLATURE 1 Elizabeth II 1952 BILL

An Act Authorizing the Payment of Supplementary Allowances to Recipi ents of Old Age Security, Blind Persons Allowances and Old Age Assistance. Received and read the First time .................................... " Second time ........... .. Third time .. " HON. DR. CROSS. Title: 1952 (11th, 5th) Bill 51,

An Act Authorizing the Payment of Supplementary Allowances to Recipients of Old Age Security, Blind Persons Allowances and Old Age Assistance.

Document details

Collection	Alberta — Bills
Citation	L11 S5 6848
Type	bill
Volume / chapter	L11 S5 6848
Language	en
Format	json
Source	PROVINCIAL
Identifier	d4a2acbdbe735ebecd656b1362645cf4180bedca

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