Bill 52 (Legislature 26, Session 1)

L26 S1 484

Alberta — Bills

Bill 52 BILL 52 2005 MISCELLANEOUS STATUTES AMENDMENT ACT, 2005 (NO. 2) ( A s s e n t e d t o , 2 0 0 5 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Assured Income for the Severely Handicapped Act Amends RSA 2000 cA-45 1(1) The Assured Income for the Severely Handicapped Act is amended by this section.

(2) Section 1 is amended (

a) by renumbering clause (

a) as clause (a.01) and by adding the following before clause (a.01): (a) “child benefit” means a child benefit referred to in

section 4(2.1)(a); (

b) in clause (

e) by striking out “or (2)” and substituting “, (2) or (2.1)”; (

c) by adding the following after clause (h): (h.1) “supplementary income support benefit” means a benefit referred to in

section 4(2.1).

(3) Section 4 is amended (

a) in subsection (2) by adding “referred to in subsection (1)” after “handicap benefit”;

(

b) by adding the following after subsection (2):

(2.1) The Director may in accordance with this Act, out of money voted by the Legislature for the purpose, provide either or both of the following supplementary income support benefits of a nature or category and in an amount determined in the regulations to or for the benefit of a person who is eligible under subsection (3): (

a) a child benefit in respect of each dependent child of a person who is eligible under subsection (3); (

b) a personal benefit. (

c) in subsection (3)(

c) by striking out “prescribed in the regulations” and substituting “referred to in subsection (1) plus, if applicable, the child benefit”; (

d) by repealing subsection (3)(

d) and substituting the following: (

d) the value of all assets owned by the person and the person’s spouse or cohabiting partner that are not exempt under

section 8 and the regulations is (i) $100 000 or less, or (ii) in the case of eligibility for a supplementary income support benefit, $3000 or less. (

e) by adding the following after subsection (3):

(3.1) Where the Minister determines that a person is in circumstances of financial hardship, the Minister may exempt that person from the requirement of subsection (3)(d)(ii) or continue the supplementary income support benefit notwithstanding

section 12(c)(i).

(4) Section 12 is amended (

a) by striking out “or” at the end of clause (b); (

b) by repealing clause (

c) and substituting the following: (

c) if the Director is satisfied that the value of the assets owned by the person who receives a handicap benefit

an d the person’s spouse or cohabiting partner that are not exempt under

section 8 and the regulations has changed and is (

i) greater than $3000, discontinue the supplementary income support benefit, if any, and (ii) greater than $100 000, discontinue the handicap benefit, or (

d) if the Minister is satisfi ed that a person who receives a supplementary income support benefit through a determination of financial hardship under

section 4(3.1) is no longer in circumstances of financial hardship, discontinue the supplementary income support benefit.

(5) This

section comes into force on Proclamation. Income and Employment Supports Act Amends SA 2003 cI-0.5 2 The Income and Employment Supports Act is amended by repealing

section 60(4) and substituting the following:

(4) The Widows’ Pension Act, RSA 2000 cW-7, is repealed on March 31, 2014. Pharmacy and Drug Act Amends RSA 2000 cP-13 3 The Pharmacy and Drug Act is amended by repealing

section 28(1)(o). Traffic Safety Amendment Act, 2005 Amends SA 2005 c34 4 The Traffic Safety Amendment Act, 2005 is amended in

section 19 by adding “(p)” before “, (p.1)”.

(4) Section 12 presently reads: Explanatory Notes Assured Income for the Severely Handicapped Act 1(1) Amends

chapter A-45 of the Revised Statutes of Alberta 2000.

(2) Section 1 presently reads in part: 1 In this Act, (e) “handicap benefit” means a benefit referred to in

section 4(1) or (2);

(3) Section 4 presently reads in part:

(3) A person is eligible to receive a handicap benefit if the person satisfies the Director that (

a) the person is a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada), is ordinarily resident in Alberta and is 18 years of age or older, (

b) the person suffers from a severe handicap, (

c) the portion of the income of the person and the person’s spouse or cohabiting partner that is not exempt under the regulations is less than the maximum amount of the handicap benefit prescribed in the regulations, and (

d) the value of all assets owned by the person and the person’s spouse or cohabiting partner that are not exempt under

section 8 and the regulations is $100 000 or less. 12 The Director may,

(

a) if the Director is satisfied that the income of the person who receives a handicap benefit or of the person’s spouse or cohabiting partner has changed, increase, reduce or discontinue the handicap benefit as the Director considers appropriate, (

b) if the Director is satisfied that the person who receives a handicap benefit is no longer severely handicapped, discontinue the handicap benefit, or (

c) if the Director is satisfied that the value of the assets owned by the person who receives a handicap benefit and the person’s spouse or cohabiting partner that are not exempt under

section 8 and the regulations has changed and is greater than $100 000, discontinue the handicap benefit.

(5) Coming into force. Income and Employment Supports Act 2 Amends

chapter I-0.5 of the Statutes of Alberta, 2003.

Section 60(4) presently reads:

(4) The Widows’ Pension Act is repealed 2 years after

section 59(2) of the Income and Employment Supports Act comes into force. Pharmacy and Drug Act 3 Amends

chapter P-13 of the Revised Statutes of Alberta 2000.

Section 28(1) presently reads in part: 28(1) The council may make regulations (

n) respecting the approval of bylaws; (

o) respecting the development of procedures for the approval by the members of the college of bylaws made under

section 29;

Traffic Safety Amendment Act, 2005 4 Amends

chapter 34 of the Statutes of Alberta,

Section 19 presently reads 19

Section 86(1)(

c) is amended by striking out “(

p) or (q)” and substituting “, (p.1), (p.2), (q), (

r) or (t)”. Title: 2005 (26th, 1st) Bill 52, Miscellaneous Statutes Amendment Act, 2005 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L26 S1 484
Type	bill
Volume / chapter	L26 S1 484
Language	en
Format	json
Source	PROVINCIAL
Identifier	dbf63f95272b12700a155124cdeab50d73237f6d

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