BILL NO. 167

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Private Member's Bill

Employment Support and Income Assistance Act
(amended)

Marilyn More
Dartmouth South-Portland Valley

First Reading: April 25, 2005

(Explanatory Note)

Second Reading:

Third Reading:

This Bill amends the Employment Support and Income Assistance Act to

(a) provide that regulations and policies cannot be made that make recipients of assistance ineligible for the assistance because they are enrolled or registered in a post-secondary education program;

(b) set out the conditions under which a person enrolled or registered in such a program may receive assistance;

(c) set out the conditions under which a person who was previously made ineligible for assistance by a regulation or policy may apply for assistance; and

(d) provide that assistance will not be given to pay for tuition, school books or student fees.

1 Section 7 of Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act, is amended by adding immediately after subsection (2) the following subsections:

(3) Notwithstanding any enactment but subject to subsection (7), no regulation or policy made pursuant to this Act or any other Act, whether made before or after the coming into force of this Section, may provide that a recipient of assistance who is enrolled or registered in a post-secondary education program is ineligible to receive assistance.

(4) A person enrolled or registered in a post-secondary education program may not receive assistance unless the person is a recipient and

(a) has pursued other sources of income that have proven to be unavailable or insufficient;

(b) has been in receipt of assistance or a combination of assistance, family benefits or social assistance for at least six months immediately before attending the post-secondary education program; and

(c) is available for work when not enrolled or registered in the post-secondary education program.

(5) A person who was a recipient of assistance pursuant to this Act and who, at any time before the coming into force of this subsection, became ineligible for the assistance by virtue of any regulation or policy made pursuant to this Act that made the person ineligible for assistance based on the length of a post-secondary education program in which the person was enrolled may, within six months of the coming into force of this subsection but subject to subsection (7), apply for assistance and, where the person

(a) has pursued other sources of income that have proven to be unavailable or insufficient; and

(b) is available for work when not enrolled or registered in the post-secondary program,

the person is eligible to receive assistance in accordance with this Act.

(6) A recipient to whom subsection (4) or (5) applies may not receive assistance to pay the cost of tuition, school books or student fees.

(7) The moneys required for the purpose of subsections (3) and (5) shall be paid out of moneys appropriated for that purpose by the Legislature.