Senior Citizens' Financial Aid Act

Short title

1 This Act may be cited as the Senior Citizens' Financial Aid Act. R.S., c. 419, s. 1.

Purpose of financial aid

2 The purpose of financial aid under this Act is to provide assistance to senior citizens so that they may remain in their own homes for as long a time as is possible. R.S., c. 419, s. 2.

Interpretation

3 In this Act,

(a) "Director" means Director appointed pursuant to the provisions of this Act;

(b) "Minister" means the Minister of Community Services;

(c) "recipient" means a person to whom financial aid is granted. R.S., c. 419, s. 3.

Supervision of Act

4 The Minister has the general supervision of this Act. R.S., c. 419, s. 4.

Eligibility for financial aid

5 (1) Subject to this Act and the regulations, a senior citizen is eligible to apply for financial aid.

(2) Subject to the regulations, "senior citizen" means a person who

(a) has attained the age of sixty-five years and is in receipt of a supplement under the Old Age Security Act (Canada);

(b) has attained the age of sixty years and is in receipt of spouse's allowance paid under the Old Age Security Act (Canada); or

(c) has attained the age of sixty-five years, is single and has an annual income that is not in excess of ninety-eight hundred dollars or such larger income as may from time to time be prescribed.

(3) Subject to the regulations, "financial aid" means

(a) aid in the form of a payment to be known as special social assistance which shall be paid in a lump sum once a year to senior citizens described in clause (a) of subsection (2);

(b) aid in the form of a payment to be known as the property tax rebate which shall be paid in a lump sum once a year to senior citizens described in clauses (a) or (b) of subsection (2);

(c) aid in the form of a payment to be known as the rental subsidy which shall be paid monthly to senior citizens. R.S., c. 419, s. 5.

Duties of Director respecting grant of financial aid

6 The Director shall receive applications for financial aid and, in accordance with the Act and the regulations,

(a) determine whether the applicant is entitled to receive financial aid;

(b) where an applicant is so entitled, determine the amount of financial aid and direct provision thereof; and

(c) from time to time review the amount so determined. R.S., c. 419, s. 6.

Power to determine ineligibility or to discontinue aid

7 The Director may determine that an applicant is not eligible to receive financial aid and may discontinue or suspend financial aid where an applicant or recipient fails to provide the Director or his representative with the information required to determine initial or continuing eligibility for financial aid. R.S., c. 419, s. 7.

Residency requirement

8 Financial aid under this Act shall not be granted unless the person who seeks such aid or for whom such aid is sought resides in the Province at the time of the application for financial aid and while receiving financial aid. R.S., c. 419, s. 8.

Exempt from seizure and not assignable

9 Subject to Section 12, financial aid granted or that may be granted under this Act is not assignable or subject to seizure or garnishment. R.S., c. 419, s. 9.

Trustee for incompetent recipient

10 If the recipient is, in the opinion of the Director, incapacitated or incapable of managing his own affairs or is using or is likely to use the aid otherwise than for the purpose for which the aid was granted, the Director may order the aid to be paid to a trustee for the benefit of the recipient. R.S., c. 419, s. 10.

Payment of aid where recipient dies

11 Subject to the regulations, where a recipient dies, payment of financial aid may be made to an appropriate person determined by the Director. R.S., c. 419, s. 11.

Recovery of improper payment

12 (1) The Director may recover from a recipient or out of the estate of a deceased recipient, as a debt due by the recipient to the Province, any sum improperly paid by way of financial aid whether as a result of non-disclosure of fact, misrepresentation or any other cause and may deduct from any sum payable by way of financial aid an amount or amounts sufficient to repay the sum.

(2) Where the Minister determines that the recovery from a person, or out of the estate of a deceased person, of any financial aid improperly granted or paid under this Act would cause undue hardship to the person or his family, the Minister may direct that such financial aid shall be deemed to have been properly granted or paid to the person. R.S., c. 419, s. 12.

Prohibitions

13 (1) No person shall knowingly obtain or receive any financial aid that the person is not eligible to obtain or receive under this Act and the regulations.

(2) No person shall for the purposes of qualifying for financial aid under this Act or the regulations make any false statement or misrepresentation in any application or other document or wilfully furnish any false or misleading information.

(3) No person shall knowingly aid or abet another person to obtain or receive any financial aid that the other person is not eligible to obtain or receive under this Act and the regulations.

(4) Every person who violates this Section is guilty of an offence under this Act and is liable on summary conviction to a fine of not more than one hundred dollars. R.S., c. 419, s. 13.

Suspension of aid for non-compliance

14 Financial aid may be suspended or discontinued where the recipient fails to comply with any requirements under this Act or the regulations. R.S., c. 419, s. 14.

Personnel

15 (1) Persons required for the administration of this Act shall be appointed in accordance with the Civil Service Act.

(2) The Minister may appoint a person in the public service to be the Director for the purposes of this Act and may prescribe the Director's functions and duties. R.S., c. 419, s. 15.

Regulations

16 (1) The Governor in Council may make regulations

(a) respecting the manner of making an application for financial aid;

(b) providing for inquiries to be made concerning or on behalf of applicants or recipients in order to determine their eligibility for financial aid;

(c) prescribing the material or proof of facts, including evidence under oath, required before financial aid is paid or during the time financial aid is being paid;

(d) providing for the time and manner of granting financial aid;

(e) providing for the suspension, discontinuance, reduction, increase and resumption of financial aid;

(f) expanding the classes of persons who are to be considered senior citizens for the purposes of this Act;

(g) expanding the types of financial aid to be provided to senior citizens pursuant to this Act;

(h) prescribing the maximum amount of financial aid that may be granted;

(i) respecting the form or forms of financial aid that may be granted;

(j) respecting the duration of circumstances of need as a standard of eligibility for financial aid;

(k) respecting the property or income or other qualifications to be possessed by applicants and persons receiving financial aid;

(l) prescribing standards of eligibility for financial aid in addition to those contained in this Act;

(m) prescribing methods by which the amount and forms of financial aid to be granted under any provision or provisions of this Act are to be calculated or determined;

(n) respecting payment of financial aid upon the death of an eligible applicant;

(o) prescribing the manner in which trust money shall be dealt with by a trustee;

(p) defining any word or expression used in this Act not defined in this Act;

(q) generally for the better carrying out of the provisions of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 419, s. 16.

Agreement

17 The Minister may enter into agreements for and on behalf of the Province with the Government of Canada whereby the Government of Canada may make grants of money as reimbursement or cost sharing in whole or in part of the costs incurred or committed in providing financial aid under this Act. R.S., c. 419, s. 17.

Restriction on eligibility

18 Notwithstanding anything contained in this Act,

(a) on and after April 1, 1995, only those persons who are in receipt of a rental subsidy pursuant to this Act on March 31, 1995, are eligible to receive a rental subsidy pursuant to this Act; and

(b) repealed 2000, c. 4, s. 72.

1995, c. 2, s. 11; 2000, c. 4, s. 72.