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Employment and Income Assistance Administrative Manual

*Office Consolidation*THE EMPLOYMENT AND INCOME ASSISTANCE ACT
(C.C.S.M. c. E98)
Employment and Income Assistance Regulation

Manitoba Regulation 404/88 R
Filed October 11, 1988

Definitions

1(1)     In this regulation

"Act" means The Employment and Income Assistance Act; (« Loi »)

"common-law partner" means a member of an applicant's or recipient's household who lives with the applicant or recipient under circumstances that indicate to the director that they are cohabitating in a conjugal relationship; (« conjoint de fait »)

"department" means the Department of Family Services and Housing; (« ministère »)

"employability enhancement measure" means a measure that may lead to employment or enhanced employability of a person and, without limiting the generality of the foregoing, may include one or more of the following measures:

  1. active employment search,
  2. employment preparation programming,
  3. vocational or other employment-related training,
  4. educational upgrading,
  5. rehabilitative treatment or programming,
  6. employment referral or placement,
  7. placement in an employment program; (« mesure d'amélioration de l'aptitude à l'emploi »)

"employment program" means a wage-based program approved by the minister or any person authorized by the minister as an employability enhancement measure; (« programme d'emploi »)

"enrol" means to approve an application for the payment of income assistance or general assistance; (« inscrire » ou « inscription »)

"household" includes an applicant or recipient and any dependants of the applicant or recipient; (« ménage »)

"licensed or approved residential care facility" means a facility which is licensed or with respect to which a letter of approval is issued by the licensing authority pursuant to the appropriate regulation made under The Social Services Administration Act; (« établissement de soins en résidence muni d'un permis ou agréé »)

"major repairs" means any essential home improvement repairs, the cost of which exceeds the sum of $200. in any fiscal year; (« réparations importantes »)

"special care" means care provided to a dependant of an applicant or recipient in a residential welfare institution that has been approved by the minister, or in a day nursery that has been approved by the minister, or care approved by the director and provided to a dependant by a nurse, housekeeper or homemaker in the home of the applicant or recipient or in a foster home; (« soins spéciaux »)

"spouse" means a member of an applicant's or recipient's household who is married to the applicant or recipient. (« conjoint »)

1(2)     Repealed.

Application

2     An applicant for income assistance or for general assistance shall make written application, in such form as the minister prescribes, to the office of the department in the area in which the applicant is living.

3     An applicant or recipient and the applicant's or recipient's spouse or common-law partner shall provide such information and evidence in support of the application as may be required by the director to determine the applicant's or recipient's eligibility for income assistance or for general assistance.

Determination of eligibility

4(1)     For the purpose of determining eligibility for income assistance or for general assistance under subsection 5.3(1) of the Act, the director shall calculate

  1. the financial resources of an applicant's or recipient's household in accordance with sections 4, 8 and 8.1; and
  2. the cost of basic necessities for that household in accordance with sections 5 to 7 and Schedule A.

4(2)     Repealed.

4(3)     Notwithstanding subsection (1), an applicant or recipient with financial resources not immediately available for use may be granted income assistance or general assistance for a period up to four months while his or her assets are being converted.

4(4)     If at any time within five years before, or at any time after, the date of application for income assistance or for general assistance, an applicant or recipient or a dependant of an applicant or recipient has assigned or transferred any property and the consideration received was inadequate or the purpose of the transfer was to reduce assets to qualify for income assistance or for general assistance, the director may

  1. determine that the applicant or recipient is not eligible for income assistance or for general assistance; or
  2. reduce the amount of income assistance or general assistance that would otherwise be payable by deeming
    1. the property assigned or transferred to be a financial resource of the applicant or recipient, and
    2. an amount that might reasonably have been earned as income from the property assigned or transferred, or from investments of equivalent value, to be income available to the applicant or recipient.

4(5)     Where an applicant or recipient or a dependant of an applicant or recipient owns premises that are occupied by another person who pays no rent, or rent that is less than the market value of the occupancy of the premises, the director may include in the income of the applicant or recipient an amount that fairly represents the net value of the occupancy of the premises.

5(1)     Repealed.

Basic necessities

5(2)     Notwithstanding any other provision of this regulation, where the minister or the person or persons authorized by the minister is informed and believes that an applicant, a recipient, or the dependants of the applicant or recipient continue to lack the basic necessities, the minister or the person or persons authorized by the minister, in accordance with terms that may be prescribed by the minister, may make such further provision as will ensure that basic necessities are provided.

6(1)     Notwithstanding any other provision of this regulation, where an applicant or recipient resides in an area of the province north of latitude 53°00', or in an area of the province east of Lake Winnipeg north of latitude 51°12', the monthly basic allowance may be exceeded by an amount approved by the minister.

6(2)     Notwithstanding any other provision of this regulation, where an applicant or recipient requires a special diet by medical prescription, the monthly basic allowance may be exceeded by an amount approved by the minister.

Child care, housekeeper or attendant

7(1)     Where an applicant or recipient requires child care or housekeeper or attendant services by reason of ill health or employment or for the purpose of receiving or improving his or her educational qualifications, expenses incurred for any of those services shall not be considered expenses for the purposes of this regulation, if the services are provided by the applicant or recipient or a person who is a relative of the applicant or recipient.

7(2)     Notwithstanding subsection (1), or any other provisions of this regulation, the minister or any person authorized by the minister may, under special circumstances, approve payments for child care or housekeeper or attendant services provided by persons as stated in that subsection.

Calculating financial resources

8(1)     In calculating the financial resources of an applicant or recipient, the director shall exempt

  1. the following assets:
    1. repealed,
    2. equity in the home in which the applicant or recipient resides and the property on which it is located that is essential to the home,
    3. inventory and equipment essential to carrying on a viable farming or business operation,
    4. liquid assets of up to $4,000 per person, to a maximum of $16,000 per household,
    5. personal property essential to the health and well-being of members of the applicant's or recipient's household, including household furnishings and personal clothing,
    6. repealed,
    7. except where subclause (xiii) applies, property of a value up to $25,000. that is held in trust for a dependent child of an applicant or recipient or for an applicant or recipient under clause 5(1)(f) of the Act if
      1. the trust property derives from compensation paid in respect of personal injury to the dependent child or the death of a parent of the dependent child or from an inheritance from a parent of the dependent child,
      2. the terms of the trust are evidenced in writing, and
      3. no property is removed from the trust without the prior consent of the director,
    8. subject to subclause (viii.1), gifts of a non-recurring nature received while in receipt of income assistance or general assistance, of a value up to $100. each,

      (viii.1) in the case of an applicant or recipient enrolled under clause 5(1)(a) of the Act, gifts of a recurring or non-recurring nature, to a maximum of $500 per month;

    9. federal compensation payments to persons infected with the HIV virus through blood transfusions or the use of blood products,
    10. a lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Manitoba and others, other than a loss of income payment or a loss of support payment as outlined in articles 4.02 and 6.01 of Schedules A and B of that agreement,
    11. compensation under the Manitoba Hepatitis C Assistance Program or a similar program of another Canadian jurisdiction except for any portion of the compensation that is for loss or replacement of income,
    12. compensation received from the Pre 1986/Post 1990 Hepatitis C Settlement Fund established by the Canadian Red Cross Society and others,
    13. assets as set out in section 8.1;
    14. asset building accounts, such as Registered Education Savings Plans, individual development accounts and accounts under similar programs approved by the minister,
    15. funds withdrawn from an asset building account referred to in subclause (xiv), if those funds are immediately applied towards the stated purpose of the asset building account,
    16. compensation payments related to a claim of abuse sustained at a residential school,
    17. a Canada Access Grant for Students with Permanent Disabilities,
    18. compensation received from the Grassy Narrows and Islington Bands Mercury Disability Fund established under the Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act (Canada),
    19. compensation received under the Pre-1986/Post-1990 Hepatitis C Settlement Agreement made by the Government of Canada, except for any portion of the compensation that is for loss or replacement of income,
    20. funds in a Canada Registered Disability Savings Plan, and any withdrawals from that plan;
  1. subject to subsections (2.1) and (2.3), income from the following:
    1. repealed,

      (i.1)   the Canada Child Tax Benefit, including any amount received under the National Child Benefit Supplement or the Child Disability Benefit,

      (i.2)   repealed,

    2. foster home maintenance received by an applicant or recipient on behalf of a child in the care of the Director of Child and Family Services or an agency as defined in The Child and Family Services Act,
    3. the Manitoba Cost of Living Tax Credit Plan and the Manitoba Property Tax Credit Plan pursuant to The Income Tax Act (Manitoba),
    4. start-up and operating grants for providers of family day care under the Manitoba Child Day Care Program,
    5. repealed,
    6. an incentive allowance from a work activity project under the department's Human Resources Opportunity Program,
    7. The Goods and Services Tax Credit,
    8. contributions other than ordinary maintenance to a recipient or dependants who require special care,
    9. earnings as set out in subsections 8(4) to (10),
    10. notwithstanding subclause (ix), employment or self-employment earnings of children who are in full-time attendance at an approved educational institution,
    11. payments from roomers or boarders as follows:
      1. 70% of gross income from boarders, and
      2. 10% of gross income from roomers,
    12. a participation allowance from a sponsor of an internship arrangement facilitating the transition to employment under a program approved by the minister,
    13. 30% of gross monthly per diem payments received by a recipient licensed under the Manitoba Child Day Care Program as a provider of family day care services,
    14. a benefit under the Manitoba Prenatal Benefit Regulation,
    15. a payment received pursuant to the Energy Costs Assistance Measures Act (Canada),
    16. payments received under Part 3 or Part 3.1 of the Manitoba Shelter Benefit Regulation,
    17. Universal Child Care Benefit payments from the Government of Canada,
    18. Working Income Tax Benefit payments from the Government of Canada,
    19. the Manitoba primary caregiver's tax credit;

8(1.1)     A trustee or other person administering the assets or income of an applicant or recipient or of the dependent child of an applicant or recipient shall make available to the director information concerning the type and financial value of the assets and the amount of income in such detail as the director requires to determine eligibility for assistance.

8(1.2)     In paragraph 8(1)(a)(vii)(A), "parent" includes a person who has stood in loco parentis to the dependent child.

8(2)     Income received by an applicant or recipient from roomers or boarders or both, as described in subclause (1)(b)(xi), is not subject to a further exemption under subclause (1)(b)(ix).

8(2.1)     In determining the financial resources of an applicant, income described in clause (1)(b) on hand or on deposit at the date of application shall be considered to be a liquid asset under subclause (1)(a)(iv) or clause 8.1(14)(a) or (b).

8(2.2)     In determining the financial resources of a recipient, income described in clause (1)(b)

  1. shall be exempted from the calculation of financial resources in the month it is received; and
  2. may be exempted at the discretion of the director for an additional reasonable period not exceeding 12 months following its receipt.

8(2.3)     Any income described in clause (1)(b) that remains unexpended after the date it is exempted under subsection (2.2) shall be considered to be a liquid asset under subclause (1)(a)(iv) or clause 8.1(14)(c) or (d).

8(3)     Notwithstanding anything in this section, where an applicant, recipient or dependant of an applicant or recipient dies, all financial resources of the deceased are considered to be available for funeral expenses.

8(4)     In calculating the financial resources of an applicant or recipient, the following earnings are not to be included:

  1. up to $200 of net monthly earnings, plus 30% of net monthly earnings in excess of $200 for each employed or self-employed person in a household who has been enrolled for one month or longer;
  2. up to $200 of net monthly earnings for each employed or self-employed person in a household who has been enrolled for less than 30 days.

8(5)     In clauses (4)(b), (c) and (d), "net monthly earnings" means

  1. monthly employment earnings less compulsory payroll deductions; or
  2. monthly self-employment earnings less self-employment expenses approved by the director.

8(6)     Notwithstanding the rest of subsection (4), where subclauses (4)(a.1)(i) and (ii) do not apply, the household's gross monthly income from all sources, except those exempted under any subclause of clause 8(1)(b) other than subclause (ix), shall be considered a financial resource to the extent that this amount represents 135% or more of the household's cost of basic necessities.

8(7)     Repealed.

8(8)     Notwithstanding any other provision in this regulation, where a recipient or a recipient's spouse or common-law partner is engaged in a self-employment program approved by the minister or any person authorized by the minister, all income derived from the business operation shall be exempted from consideration as a financial resource for a period of up to 44 consecutive weeks, provided that all of the income not allocated for the payment of business expenses is reinvested in the business operation.

8(9)     The minister or any person authorized by the minister may extend the period of exemption under subsection (8) for up to 8 additional weeks.

8(10)     A household shall not receive the exemption provided for in subsection (8) or (9) more than once, regardless of the length of time a household is enrolled under subsection 5(1) or section 5.1 of the Act or the number of times enrolled.

Definitions

8.1(1)     In this section,

"eligible person" means a person referred to in subsection (3); (« personne admissible »)

"value" in relation to property that is money, means the amount of the money, and in relation to other property, means the fair market value of the property. (« valeur »)

Trust property exemption for person with a disability

8.1(2)     Subject to the provisions of this section, in calculating the financial resources of an applicant or recipient, the director shall exempt property of an eligible person that is held in trust for the eligible person that has a value, calculated in accordance with subsection (7), of not more than $100,000.

Eligible persons

8.1(3)     An exemption for property held in trust referred to in subsection (2) can be claimed by an applicant or recipient as follows:

  1. for the applicant or recipient who applies, or is enrolled, under clause 5(1)(a) of the Act, by reason of physical or mental ill health or physical or mental incapacity or disorder;
  2. for an adult dependant of a person referred to in clause (a) if the dependant, by reason of physical or mental ill health or physical or mental incapacity or disorder meets the criteria for enrollment under clause 5(1)(a) of the Act;
  3. for a dependent child of an applicant or recipient under subsection 5(1) or section 5.1 of the Act, where the dependent child is, in the opinion of the director, a child with a disability;
  4. for the applicant or recipient who applies, or is enrolled, under clause 5(1)(f) of the Act and is, in the opinion of the director, a child with a disability.

Limit on sources of property held in trust

8.1(4)     Property held in trust is not exempt from the calculation of financial resources if it is directly or indirectly derived from money that is

  1. compensation for loss of any type of income for an eligible person;
  2. replacement of any type of income for an eligible person; or
  3. a supplement to any type of income for an eligible person;

even if the person's entitlement to the money accrued before, but the money was received after enrollment under the Act.

Limit on value of property placed in the trust

8.1(5)     Additions to the property held in trust may be made at any time, but the exemption from the calculation of financial resources is based on the cumulative value of the property in trust calculated in accordance with subsection (7), up to a maximum value of not more than $100,000.

Limit on exemption

8.1(6)     Once the value of the property in trust for an eligible person is $100,000., as calculated under subsection (7), no further exemption is available for that person regardless of the number of times that the person is enrolled under the Act.

Calculating value of property

8.1(7)     The following applies in calculating the value of the property in trust for the purpose of calculating the value of the exemption under subsection (2):

  1. if an applicant, or his or her dependants, had never claimed an exemption under this section, the value of the property is its value at the time of application. Once enrolled, the value of the property is
    1. the value at the time of application, and
    2. the value of any property subsequently placed in trust;
  2. if an applicant, or his or her dependants, had previously claimed an exemption under this section, the value of the property at the time of application is
    1. the value of the property that was placed in trust and previously exempted under this section, and
    2. the value of the property placed in trust while not enrolled under the Act.

    Once re-enrolled, the value of the property is the amount exempted under subclauses (i) and (ii) and the value of any property subsequently placed in trust;

  3. if a recipient or an eligible person in his or her household places property in trust after enrolling under the Act, the value of the property is
    1. its value at the time the property was placed in trust, and
    2. the value of any property subsequently placed in trust.

Interest or growth on trust property

8.1(8)     Interest or growth on the property held in trust is exempt from the calculation of financial resources provided that the value of the property held in trust as of December 31 of each year, including interest or growth, does not exceed $100,000. If it does, the value of the interest or growth will be included in the calculation of financial resources, unless the value of the property held in trust, including interest or growth, is reduced to not more than $100,000. by December 31 of that year by using it for an eligible disbursement referred to in subsection (9).

Eligible disbursements from the trust

8.1(9)     The following disbursements from the property held in trust are not included in calculating an applicant's or a recipient's financial resources:

  1. disbursements for the purchase of disability-related items or services;
  2. disbursements
    1. for the purchase of any items or services, or
    2. to be held as savings,

    provided that the total amount of the disbursements under this clause does not exceed the amount of the applicant's or recipient's household exemption for liquid assets under subsection (14):

  3. reasonable costs for the administration of the trust, including legal fees and income tax preparation;
  4. money for the payment of taxes accruing from the property held in trust.

Separate trusts for each eligible person

8.1(10)     An eligible person must hold his or her property in a trust separate from the trust of another eligible person.

Terms of trust provided to director

8.1(11)     An applicant or recipient must, in writing, provide to the director, the terms of each trust for each eligible person in his or her household, including the date the trust was established.

Financial statement re trust property provided to director

8.1(12)     An applicant or recipient must provide an annual financial statement as of December 31 of each year to the director, as to the property held in trust for each eligible person in his or her household, including

  1. a description of the property held in trust and its value as of December 31 of that year; and
  2. an accounting for the year ending December 31 of
    1. the property deposited to, or withdrawn from, the trust,
    2. the interest earned or the growth or losses on the property held in trust, and
    3. disbursements made from the trust.

Deadline for providing financial statement

8.1(13)     An applicant or recipient must provide the annual financial statement to the director by the last day of February of the following year.

Liquid assets

8.1(14)     For an applicant or recipient to whom this section applies, the director shall exempt the following amounts for liquid assets, and not the amounts referred to in subclause 8(1)(a)(iv):

  1. for an applicant enrolled under clause 5(1)(a) of the Act by reason of physical or mental ill health or physical or mental incapacity or disorder, up to $2,000. for a single person and up to $3,000. for a person with one dependant and $500. for the second and each additional dependant, to a maximum of $4,000. per household;
  2. for an applicant enrolled under subsection 5(1) of the Act, other than those specified in clause (a), up to $1,000. for a single person and up to $2,000. for a person with one dependant and $500. for the second and each additional dependant up to a maximum of $3,000. per household;
  3. for a recipient, up to the household's maximum liquid asset limit under clause (a) or (b) annually, inclusive of any amounts disbursed from the trust under clause (9)(b) and any other amounts that are exempted under this regulation;
  4. for a recipient enrolled under section 5.1 of the Act, up to $2,000. for the household based on $400. per person annually, inclusive of amounts disbursed from the trust under clause (9)(b) and any other amounts that are exempted under this regulation.

General obligations

9(1)     An applicant or recipient and the applicant's or recipient's spouse or common-law partner shall immediately report to the director any material change in circumstances that may affect the entitlement to, or the amount of, income assistance or general assistance, including, without limiting the generality of the foregoing, a change in address, marital or common-law relationship status, family status, employment or financial situation.

9(2)     An applicant or recipient and the applicant's or recipient's spouse or common-law partner shall make all reasonable efforts on behalf of himself or herself and any dependants to obtain the maximum amount of compensation, benefits or contribution to support and maintenance that may be available under another Act or program.

9(3)     Where income assistance or general assistance is paid pending receipt of funds described in subsection (2), the director may require that the person entitled to the funds assign to the department the right to receive a portion of the funds sufficient to recover any income assistance or general assistance that would not have been paid if the funds had been available.

9(4)     Where an obligation described in subsections (1) to (3) is not met, the director may deny, suspend or discontinue income assistance or general assistance or reduce any assistance to which the recipient later becomes entitled by an amount not exceeding the amount that would not otherwise have been paid.

Obligations respecting employment

10(1)     Every

  1. applicant or recipient and the spouse or common-law partner of an applicant or recipient under section 5.1 of the Act;
  2. applicant or recipient under clause 5(1)(b) or (c) of the Act whose youngest dependent child is at least six years of age;
  3. applicant or recipient under clause 5(1)(b) or (c) of the Act who is receiving or has received assistance for an employability enhancement measure; and
  4. child who is 16 years of age or more and is not actively pursuing a course of education or training;

has an obligation to satisfy the director that

  1. he or she has not terminated employment or engaged in a course of conduct that caused or provoked the termination of employment that he or she might reasonably have held;
  2. he or she has not refused any employment that she or he might reasonably have obtained; and
  3. where the director recommends that the person undertake an employability enhancement measure, he or she is undertaking the recommended measure.

10(2)     Where

  1. an applicant or recipient under section 5.1 of the Act who does not have dependent children; or
  2. the spouse or common-law partner of such an applicant or recipient;

fails to meet an obligation set out in subsection (1), the director may deny, reduce, suspend or discontinue the general assistance otherwise payable to or on behalf of that household.

10(3)     Where

  1. an applicant or recipient who has one or more dependent children
  2. the spouse or common-law partner of such an applicant or recipient; or
  3. a child;

to whom the obligations set out in subsection (1) apply, fails to meet an obligation set out in subsection (1), the director may reduce the amount of income assistance or general assistance to which the applicant or recipient would otherwise be entitled by

  1. $50. per month; and
  2. if the obligations under subsection (1) are not met after any six months of benefit reduction under clause (d), whether the months are consecutive or not, by a further $50. per month;

for each household member who fails to meet the obligations set out in subsection (1), until the obligations under subsection (1) are met.

Assistance to be used for basic necessities

11     A recipient shall use any income assistance or general assistance he or she receives to provide the basic necessities for himself or herself and any dependants.

Periodic review

12     Each recipient's circumstances shall be reviewed by the director periodically and not less than annually, and the allowance shall be adjusted accordingly.

Special conditions for student applicants

13     Repealed.

Forms

14     The minister may prescribe or approve forms for use for any purpose under the Act and this regulation.

Municipal returns

15(1)     Repealed.

15(2)     Repealed.

15(3)     Repealed.

SCHEDULE A

1(1)     Basic allowance:

  1. subject to clauses (d) to (h), the amounts set out in Table 1 are payable to recipients enrolled under clause 5(1)(a), (g) or (i) of the Act:
Table 1
Monthly Rates
Number of Children

12 - 17 Years

7 - 11
Years

0 - 6
Years

One Adult Person

Two Adult Persons

0

0

0

0

$274.80

$486.40

1

1

0

0

0

1

0

0

0

1

448.40

408.60

376.40

669.00

629.20

597.00

2

2

0

0

1

0

1

0

2

0

1

1

0

0

0

2

0

1

1

631.00

551.40

487.00

591.20

519.20

559.00

840.20

760.60

696.20

800.40

728.40

768.20

3

3

0

0

2

2

0

1

1

0

1

0

3

0

1

0

2

2

0

1

1

0

0

3

0

1

1

0

2

2

1

802.20

682.80

586.20

762.40

730.20

650.60

722.60

658.20

618.40

690.40

1,029.40

910.00

813.40

989.60

957.40

877.80

949.80

885.40

845.60

917.60

for each additional child add: $189.20 for 12—17 year olds, $149.40 for 7—11 year olds and $117.20 for 0—6 year olds, per month;

  1. subject to clauses (d) to (j), the amounts set out in Table 2 are payable to recipients enrolled under subsection 5(1) of the Act, other than those enrolled under clause 5(1)(a), (g) or (i) of the Act:
Table 2
Monthly Rates
Number of Children 12 - 17 Years 7 - 11
Years		 0 - 6
Years		 One Adult Person
0 0 0 0 $242.10
1

1

0

0

0

1

0

0

0

1

$407.20

$369.40

$344.40
2

2

0

0

1

0

1

0

2

0

1

1

0

0

0

2

0

1

1

 $580.60

$505.00

$455.00

$542.80

$480.00

$517.80
3

3

0

0

2

2

0

1

1

0

1

0

3

0

1

0

2

2

0

1

1

0

0

3

0

1

1

0

2

2

1

$743.20

$629.80

$554.80

$705.40

$680.40

$604.80

$667.60

$617.60

$579.80

$642.60

 

for each additional child add: $179.70 for 12-17 year olds, $141.90 for 7-11 year olds and $116.90 for 0-6 year olds, per month;

  1. subject to clauses (d) to (l), the amounts set out in Table 3 are payable to recipients enrolled under section 5.1 of the Act:
Table 3
Monthly Rates
Number of Children 12 - 17 Years 7 - 11
Years		 0 - 6
Years		 One Adult Person Two Adult Persons
0 0 0 0 $195.00 $344.90
1

1

0

0

0

1

0

0

0

1

 

569.00

529.20

497.00

2

2

0

0

1

0

1

0

2

0

1

1

0

0

0

2

0

1

1

 

740.20

660.60

596.20

700.40

628.40

668.20

3

3

0

0

2

2

0

1

1

0

1

0

3

0

1

0

2

2

0

1

1

0

0

3

0

1

1

0

2

2

1

 

929.40

810.00

713.40

889.60

857.40

777.80

849.80

785.40

745.60

817.60

for each additional child, add: $189.20 for 12-17 year olds, $149.40 for 7-11 year olds, and $117.20 for 0-6 year olds, per month;

  1. for each child not living with his or her own family, additional costs for clothing as required may be authorized by the director;
  2. for each employed adult, an amount of $23.90 per month may be added for work clothing;
  3. where a recipient is a resident in a hospital or an institution listed in clause 5(c) of Schedule A, the amount may be apportioned in accordance with the terms authorized by the director;
  4. where a recipient by living arrangement does not require one or more of the basic necessities included in the basic allowance, the amount may be apportioned in accordance with the terms authorized by the director;
  5. an additional allowance for each household enrolled under clause 5(1)(a), (b) or (c) of the Act, calculated as follows:
    1. Basic amount
      1. for each household for which a shelter allowance under section 2 or clause 4(b) of Schedule A is payable, in which the oldest person is under 65 years of age: $48.80 per month,
      2. for each household for which a shelter allowance under section 2 or clause 4(b) of Schedule A is payable, in which the oldest person is 65 years of age or older: $57.10 per month,
      3. for each household for which a shelter allowance under clause 4(a) of Schedule A is payable: $38.80 per month,
      4. for each household for which no shelter allowance under section 2 or 4 of Schedule A is payable: $13.30 per month;
    2. Additional amounts:
      1. for the spouse or common-law partner of a recipient in a two adult household, add: $10.80 per month,
      2. for the only child or for one child in a one adult household, add: $10.80 per month,
      3. for each person who is 65 years of age or older, add: $9.20 per month,
      4. for each recipient who by reason of physical or mental ill health, incapacity or disorder is enrolled under clause 5(1)(a) of the Act and for each adult who is a dependant of that recipient and who by reason of physical or mental ill health, incapacity or disorder meets the criteria for enrollment under clause 5(1)(a) of the Act, add: $7.80 per month;
  6. an additional amount, calculated as in clause (h), for each household enrolled under section 5.1 of the Act where the household was enrolled under that section on April 30, 1996, for as long as the household is continuously enrolled under the Act;
  7. an additional allowance of $12. per month for each household enrolled under clause 5(1)(b) or (c) of the Act where at least one child in the household is six years of age or younger;
  8. an additional allowance of $60. per month per household of two adults with children enrolled under section 5.1 of the Act where the household was enrolled under that section or under section 5.2 of the Act on April 30, 1996 and as of that date was receiving benefits on the basis of being on assistance for six continuous months, for as long as the household is continuously enrolled under the Act.
  9. an additional allowance of $25 per month for each recipient in a household without children enrolled under section 5.1 of the Act.

2     Shelter

  1. the following amounts, subject to clauses (b), (c) and (d):
    1. for a single person living alone, the actual rent up to $45. per month,
    2. for two adults living together, the actual rent up to $60. per month,
    3. for a family of one or two adults and one or more children, the actual rent up to $75. per month;
  2. where the actual rent exceeds the maximum allowed under clause (a), additional grants may be made as follows:
    1. for the actual rent in housing for which a licence has been issued under The Elderly and Infirm Persons' Housing Act,
    2. up to the actual rent, at the discretion of the director, taking into account individual circumstances;
  3. home upkeep in lieu of rent for recipients who own or who are purchasing their home may be paid as follows:
    1. the total cost of current taxes on the home and principal and interest on a mortgage or agreement for sale, up to the maximum amount that would otherwise be allowed for rent under clause (a), or an amount up to the total actual cost of taxes, principal and interest, at the discretion of the minister or any person authorized by the minister, in accordance with terms and conditions that may be prescribed by the minister,
    2. minor repairs up to $200. in any fiscal year;
    3. home insurance in amounts and at intervals as may be appropriate to the case;
  4. principal on mortgage or agreement for sale referred to in subclause (c)(i), major repairs and tax arrears granted as special needs under section 5 of this schedule shall be secured by a lien registered under section 21 of the Act.

3     Utilities and fuel, including water, light, fuel and rentals or installment payments on essential appliances (furnace, hot water tank, etc.):

  1. for each household unit where these items are not included in the rent, the estimated monthly cost based on actual expenditures for the last previous 12 months, but where circumstances have changed so that this estimate is not valid, the estimated actual cost for the next 12 months may be used; or
  2. allowable grants may be paid in amounts and at intervals appropriate to the circumstances of the case.

4     Food and shelter away from home:

  1. for board and room, general:
    1. single person in the home of a relative: actual cost up to $252. per month,
    2. single person in a private boarding home: actual cost up to $331. per month,
    3. for a couple, add $195. per month to the amount paid under subclause (i) or (ii), as the case may be;
  2. for board and room (special) — for persons requiring care or supervision, or both:
    1. single person, actual cost up to
      1. $566 per month, for the period April 1, 2009 to June 30, 2009, and
      2. $577 per month on or after July 1, 2009,
    2. for a couple where one person requires special care, add the applicable following amount per month to the amount paid under subclause (i):
      1. $159 per month, for the period April 1, 2009 to June 30, 2009,
      2. $162 per month on or after July 1, 2009,
    3. for a couple where both persons require special care, add the applicable following amount per month to the amount paid under subclause (i):
      1. $309 per month, for the period April 1, 2009 to June 30, 2009,
      2. $315 per month on or after July 1, 2009,
    4. single person whose living arrangement requires restaurant meals may be granted up to $277 per month plus actual cost of room instead of room and board,
    5. children boarding in foster homes and institutions: foster home or institutional rates as approved by the director,
    6. in exceptional circumstances the director may approve the payment of actual costs in excess of the maximums stated in subclauses (i) to (v),
    7. maintenance in a licensed institution for care of the aged and infirm: the daily rate
      approved by authorized governmental authority,
    8. maintenance of a recipient of income assistance living with a mental disability, the aftermath of mental illness, or the infirmities associated with age, in a licensed or approved residential care facility at a level of care needed by the recipient and provided at the facility and as determined by the designated departmental staff, shall be at the following rates:

        Level 1 care up to $577. per month

        Level 2 care up to $646. per month

        Level 3 care up to $714. per month

        Level 4 care up to $782. per month

        Level 5 care up to $852. per month

      but a recipient in a licensed or approved residential care facility owned by a relative of the recipient is only eligible for income assistance under subclause (b)(i) of this section and is not eligible for any further allowance under this paragraph.

5     Special Needs:

  1. up to $150. per household in any fiscal year, but the minister or any person or persons authorized by the minister may, in accordance with terms and conditions that may be prescribed by the minister, grant an additional amount;
  2. expenses essential to the employment of a recipient;
  3. $105.00 per month for each recipient who by reason of physical or mental ill health, incapacity or disorder is enrolled under clause 5(1)(a) of the Act and for each adult who is a dependant of that recipient and who by reason of physical or mental ill health, incapacity or disorder meets the criteria for enrollment under clause 5(1)(a) of the Act but no amount is payable under this clause for a person residing in a hospital or in one of the following institutions:
    1. repealed,
    2. Eden Mental Health Centre,
    3. Manitoba Developmental Centre,
    4. repealed,
    5. St. Amant Centre, or
    6. Selkirk Mental Health Centre.

6     Housekeeper or attendant service during illness or other emergency as required.

6.1     An applicant or recipient is eligible for health benefits under section 6 and subsection 7(1) of this Schedule and subsection 6(2) of the regulation, even though the financial resources of the household for that month may exceed the cost of basic necessities for his or her household for that month, if

  1. the excess results from the receipt by a member of the household of a loss of income payment or a loss of support payment under the 1986-1990 Hepatitis C Settlement agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Manitoba and others;
  2. the applicant or recipient is otherwise eligible for income assistance or general assistance for that month;
  3. the household was enrolled for benefits under the Act on April 1, 1999; and
  4. the benefits have not been paid for under article 4.06 or 4.07 of Schedules A and B of that agreement.

7(1)     Health Care:

  1. essential medical and surgical care;
  2. essential optical supplies including eyeglasses where a duly qualified medical practitioner has certified that there is no systemic or ocular disease of the eye;
  3. such essential dental care, including dentures, as may be agreed upon from time to time between the minister and The Manitoba Dental Association and the minister and The Denturist Association of Manitoba;
  4. such essential drugs as may be prescribed by a duly qualified medical practitioner;
  5. such other remedial care, treatment and attention including physiotherapy as may be prescribed by a duly qualified medical practitioner;
  6. for chiropractic treatment the director may authorize an amount in excess of coverage provided under The Health Services Insurance Act;
  7. such emergency transportation and other expenses as may be authorized by the director and which, in the director's opinion, are necessary to provide the care, treatment or attention required;
  8. such other rehabilitative treatment or care as the director may authorize.

7(2)     A person is entitled to assistance for health care costs referred to in clauses (1)(b), (c) and (d) only after he or she has been receiving

  1. general assistance for six consecutive months; or
  2. income assistance for three consecutive months.

7(3)     A recipient of income assistance who

  1. is no longer enrolled under clause 5(1)(a), (b) or (c) of the Act because of excess earned income; and
  2. was employed on the last day covered by his or her final payment of income assistance;

may receive assistance for health care costs referred to in clauses (1)(b), (c) and (d) for 24 months after he
or she stopped receiving income assistance.

7(4)     In this section,

"irregularly occurring health costs" means those costs referred to in clauses 7(1)(b), (c) or (d) that are not incurred on a monthly basis; (« frais irréguliers en matière de santé »)

"amount of irregularly occurring health costs" means the greater of

  1. $50. per person to a maximum of $150. per family per month; and
  2. the recipient's estimated monthly costs for irregularly occurring health costs based upon the monthly average of the costs referred to in clauses 7(1)(b), (c) and (d) for the three months in which these costs were the highest for the 12 month period ending with the month in which, but for this section, the income assistance of the recipient would have been reduced to zero.

8     Funerals: such fees and service charges as may be agreed upon from time to time between the minister and the Manitoba Funeral Service Association, plus essential costs authorized by the director for cremation, burial plot or ash plot, opening and closing of the grave and such other costs that may be necessary and incidental to the burial or cremation of the deceased.

9     Care of children in special circumstances: the rates payable to agencies as defined in The Child and Family Services Act for children eligible for income assistance under clauses (5)(1)(d) and (e) of The Employment and Income Assistance Act shall be the per diem rate set by the minister as provided in section 6 of The Child and Family Services Act.

10(1)     A person is eligible to receive the applicable benefit set out in subsection (2) if he or she

  1. has received general assistance or income assistance for at least six consecutive months;
  2. stops receiving general assistance or income assistance because of excess earned income; and
  3. was employed on the last day covered by his or her final payment of general assistance or income assistance.

10(2)     The benefit payable under this section is as follows:

  1. $325 per household for eligible persons enrolled under clause 5(1)(a) of the Act;
  2. $250 per household for eligible persons enrolled under clause 5(1)(b) or (c) of the Act;
  3. $250 per household for eligible persons enrolled under section 5.1 of the Act with minor dependants;
  4. $175 per household for eligible persons enrolled under section 5.1 of the Act with no minor dependants.

11(1)     Subject to subsections (2) and (3), a person with no minor dependants is eligible to receive $50 per month if he or she

  1. has received general assistance for at least six consecutive months;
  2. stops receiving general assistance because of excess earned income;
  3. was employed on the last day covered by his or her final payment of general assistance; and
  4. has eligible rental accommodations as his or her primary residence on the last day covered by his or her final payment of general assistance.

11(2)     A person's entitlement to receive the benefit in subsection (1) is suspended if he or she receives income assistance or general assistance. However, the person becomes eligible to receive the benefit again if he or she

  1. stops receiving general assistance because of excess earned income;
  2. was employed on the last day covered by his or her final payment of general assistance; and
  3. has eligible rental accommodations as his or her primary residence on the last day covered by his or her final payment of general assistance.

11(3)     The benefit payable under subsection (1) can only be paid for a total of 12 months in a person's lifetime.

11(4)     The following definitions apply in this section.

"eligible rental accommodations" means living accommodations for which rent is payable, including accommodations that provide room and board, but does not include any of the following:

  1. any living accommodations owned or operated by the Manitoba Housing and Renewal Corporation;
  2. any property in respect of which ongoing shelter assistance is being paid by the Manitoba Housing and Renewal Corporation;
  3. a hospital, including a facility as defined in The Mental Health Act;
  4. a personal care home as defined in The Health Services Insurance Act;
  5. a developmental centre as defined in The Vulnerable Persons Living with a Mental Disability Act;
  6. a residential care facility, treatment facility or shelter. (« logement locatif admissible »)

"minor dependant" means a person under the age of 18 years who is supported by and resides with another person, but does not include

  1. a ward of the Director of Child and Family Services or a child and family services agency under The Child and Family Services Act;
  2. a person under the age of 18 years who is residing temporarily with a person
    1. under an agreement with the person's guardian, or
    2. while the person is in the care of, or under apprehension by, a child and family services agency; or
  3. a spouse or common-law partner of a person, who is under 18 years of age. (« mineur à charge »)

12(1)     Subject to subsection (2), a person receiving a benefit set out in clause 5(c) of this Schedule is entitled to the following payments for participating in volunteer activities:

  1. $50 per month if he or she engages in volunteer activities at least four and no more than seven times each month;
  2. $100 per month if he or she engages in volunteer activities eight times or more each month.

12(2)     A person is not entitled to benefits under this section

  1. for volunteer activities arising out of an approved employability enhancement measure;
  2. if the person receives any financial compensation for performing the volunteer activities; or
  3. if the person is receiving services under the marketAbilities, Supported Living or Vocational Rehabilitation programs operated by the department or any other government-funded program designed to prepare a person for employment.

12(3)     In this section, "volunteer activities" means work for an approved non-profit community
organization.

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