THE SOCIAL SERVICES ADMINISTRATION ACT
(C.C.S.M. c. S165)

Income Supplement for Persons Not Eligible for Old Age Security Benefits, (55 PLUS) Regulation

Regulation 64/90
Registered March 26, 1990

Definitions

1 In this regulation

Eligibility

2(1) Subject to subsection (3), a benefit shall be paid to a person who

1. resides in Manitoba and is registered with the Manitoba Health, Insured Benefits Plan;
2. is 55 years of age or over;
3. if single, has a net family income of $9,722.40 or less; and
4. if married, has a net family income of $16,207.20 or less.

2(2) For the purpose of clauses (1)(c) and (d) and section 4, marital status shall be determined in accordance with subsections 5(1) and 5(2).

2(3) A benefit shall not be paid to a person who

1. is eligible to receive benefits under the Old Age Security Act (Canada);
2. is incarcerated in a provincial correctional institution or a federal penitentiary;
3. is in receipt of income assistance under the Employment and Income Assistance Act, other than an allowance or assistance paid only with respect to health care benefits under that Act; or
4. is in receipt of social assistance, other than only with respect to health care benefits, from the Government of Canada or an Indian band.

2(4) Notwithstanding any provision in this regulation, the Minister or the Minister's designate may, under exceptional circumstances, approve the payment of benefits.

Calculation of Financial Eligibility

3 Net family income for the tax year immediately preceding the benefit year for which application is being made, shall be family income less the following deductions:

1. Canada Pension Plan and Employment Insurance premiums;
2. employment expenses of 20% of gross employment earnings, to a maximum of $500.00;
3. expenses from self-employment, farming and rental income as allowed by Revenue Canada with the exception of the capital cost allowance or the livestock inventory adjustment claimed for tax purposes as either income or as an expense;
4. carrying charges on interest and dividends as allowed by Revenue Canada;
5. alimony and maintenance paid by the applicant or the spouse or both, if applicable.

Benefits

4(1) Where the eligibility criteria of section 2 are met, the benefit payable to a single person will be based on net family income according to the following table:

4(2) Where the eligibility criteria of section 2 are met, the benefit payable to each eligible spouse of a married couple or common-law union will be based on net family income according to the following table:

4(3) The maximum quarterly benefit payable shall be one-quarter of the annual amounts listed in subsection (1) or (2).

4(4) Repealed.

4(5) Repealed.

4(6) Repealed.

4(7) Repealed.

Payments

5(1) Benefits payable to eligible applicants for the entire benefit year will be based on marital status at the time of application; the prior year's income information for the applicant and, is applicable, the applicant's spouse or common-law partner at the time of application shall be considered in determining net family income.

5(2) Notwithstanding the applicant's marital status, if the applicant's spouse or common-law partner does not reside in Manitoba the applicant shall be considered a single person for the purposes of determining financial eligibility and the amount of benefits payable.

5(3) Where an applicant is eligible for benefits, payments will commence in the benefit quarter in which the completed application is received.

5(4) Benefits to or on behalf of eligible recipients shall cease in the quarter following the month in which the recipient

1. ceases to reside in Manitoba;
2. is eligible to receive benefits under the Old Age Security Act (Canada);
3. is deceased;
4. requests that benefits be terminated; or
5. receives an allowance or assistance as described in clauses 2(3)(c) or (d).

Recovery of payments

6 Where a payment or any part thereof is or was made that would not have been made except for a false statement or misrepresentation made by the recipient the government may recover from the recipient or his executors or administrators the amount of that payment or that part thereof as a debt due from the recipient to the Crown.

Application

7(1) A person

1. shall make application for benefits in such form as the Minister approves; and
2. shall provide such other information or documents as the Minister or the Minister's designate may deem necessary.

7(2) A person may apply for benefits at any time during the benefit year.

7(3) A recipient must re-apply annually for benefits to continue in the next benefit year.

Notice of decision

8 The applicant will be notified in writing of any decision to approve, deny, adjust, terminate or withhold payments setting forth the reasons for the decision.

Right of appeal

9 Where an applicant or a recipient is dissatisfied with a decision regarding the applicant's or recipient's eligibility or benefit levels, the applicant or recipient may appeal to the Social Services Appeal Board in accordance with The Social Services Appeal Board Act.

Payments to a person other than a recipient

10(1) Where a responsible person or agency provides evidence satisfactory to the Minister that a recipient, by reason of infirmity, illness or other cause is incapable of managing his or her own affairs, the Minister may direct the benefit to be paid on behalf of the recipient to a person or agency who has entered into an agreement with the Minister to administer and expend the benefit on behalf of the recipient in accordance with the terms of the agreement.

10(2) The Minister may designate a person or persons to act for the purposes of subsection (1) above.

Repeal

11 Manitoba Regulation 135/86 as amended by Manitoba Regulations 148/87, 137/88 and 69/89 is repealed.

Coming into force

12 This regulation comes into force on April 1, 1990.