Assistance Regulation

 

Regulation 404/88 R
Registered October 11, 1988
 
Part 1 - Introductory Provisions
 
Definitions
1(1)             In this regulation,
 
"Act" means The Manitoba 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 cohabiting in a conjugal relationship; (« conjoint de fait »)
 
"department" means the department of government over which the minister presides; (« ministère »)
 
"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: 

(a)  any living accommodations owned or operated by the Manitoba Housing and Renewal Corporation,
 
(b)  any living accommodations in respect of which ongoing shelter assistance is being paid by the Manitoba Housing and Renewal Corporation,
 
(c)  a hospital, including a facility as defined in The Mental Health Act,
 
(d)  a personal care home as defined in The Health Services Insurance Act,
 
(e)  a developmental centre as defined in The Vulnerable Persons Living with a Mental Disability ,
 
(f)  any housing owned, operated or supported by a post-secondary educational institution,
 
(g)  a residential care facility, treatment facility or shelter; (« logement locatif admissible »)
  

"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:

(a)  active employment search,
 
(b)  employment preparation programming,
 
(c)  vocational or other employment-related training,
 
(d)  educational upgrading,
 
(e)  rehabilitative treatment or programming,
 
(f)  employment referral or placement,
 
(g) 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, general assistance or shelter assistance; (« inscrire » ou « inscription »)
 
"household" means 

(a)  in the case of an applicant or recipient of income assistance or general assistance under Part 2, the applicant or recipient and all dependants of the applicant or recipient, and
 
(b)  in the case of an applicant or recipient of shelter assistance under Part 3, every person living in the home 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 ; (« 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 »)
 
"minor dependant" means a person under the age of 18 years who is supported by and resides with another person, but does not include 

(a)  a ward of the Director of Child and Family Services or a child and family services agency under The Child and Family Services ,
  
(b)  a person under the age of 18 years who is residing temporarily with a person 

(i)   under an agreement with the person's guardian, or

(ii) while the person is in the care of, or under apprehension by, a child and family services agency, or

(c) a spouse or common-law partner of a person, who is under 18 years of age; (« mineur à charge »)

"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 »)

"training incentive" means funds paid to encourage a person to attend an education or training program, regardless of the terms used to describe the funds paid or how they are disbursed, but does not include any salary or wages that are subject to statutory deductions; (« incitatif à la formation »)


"volunteer activities" means work without reimbursement for a non-profit community organization approved by the director. (« activités bénévoles »)

1(2)             [Repealed] M.R. 36/93.
 
2                  [Repealed]
 
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 an application for income assistance, general assistance or shelter assistance as may be required by the director to determine the applicant's or recipient's eligibility for income assistance, general assistance or shelter assistance.
 
Part 2 - Assistance to Income Assistance and General Assistance Recipients
 
Application
3.1(1)          This Part sets out who is eligible to receive income assistance or general assistance and the amount of shelter assistance and income assistance or general assistance that may be payable to an eligible person.
 
3.1(2)          This Part does not apply to the payment of shelter assistance to persons who are not eligible to receive income assistance or general assistance. Part 3 deals with shelter assistance payable to those persons. For greater certainty, a reference to an applicant in this Part does not include a person who is applying only for shelter assistance and a reference to a recipient does not include a person who only receives shelter assistance.


Eligibility and Assistance Payable
 
Eligibility for income assistance and general assistance
4(1)             Subject to this section, an applicant is eligible to receive income assistance or general assistance if the financial resources of his or her household are less than the cost of basic necessities and the shelter costs for his or her household.
 
4(2)             The financial resources of an applicant's household are determined in accordance with sections 8 to 8.4.
 
4(3)             The cost of basic necessities for an applicant's household are determined by adding 

(a) all applicable allowances in respect of basic necessities that would be payable under Division 2 of Schedule A; and
 
(b) health care expenses under clauses (a) to (d) of Division 3 of Schedule A and any attendant or housekeeping expenses that are required due to immediate and urgent health care needs or an ongoing or recurring medical condition.

4(4)             The shelter costs of an applicant's household are determined in accordance with Schedule B.
 
4(5)             An applicant is not eligible to receive income assistance or general assistance if, at the time of application, he or she would be entitled to a greater amount of shelter assistance under Part 3 than the total amount of assistance that would be payable under this Part.
 
4(6)             An applicant is only eligible to receive income assistance if the director determines that the person falls within one of the applicable categories set out in subsection 5(1) of the Act.
 
Calculating assistance payable
4.1             The total amount of monthly assistance payable to a person who is eligible to receive income assistance or general assistance is to be determined in accordance with the following formula:
 
A = (B + C) - D
 
In this formula,
 
A    is the total amount of monthly assistance payable; 
B    is the amount of monthly income assistance or general assistance to which the person is entitled, as determined under the applicable provisions of Schedule A; 
C    is the amount of monthly shelter assistance to which the person is entitled, as determined under Schedule B; 
D   is the monthly financial resources of the person's household, as determined in accordance with sections 8 to 8.4.
 
Paying assistance pending conversion of assets

4.2             Despite section 4 or 4.1, an applicant or recipient with financial resources that are not immediately available for use may receive shelter assistance and income assistance or general assistance for a period of up to four months while his or her assets are being converted.
 
5(1)            [Repealed] M.R. 36/93.
 
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                  [Repealed] M.R. 36/93.

Housekeeper or attendant
7(1)            Where an applicant or recipient requires 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 purpose 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 housekeeper or attendant services provided by persons as stated in that subsection.
 
Child care
7.1             Despite any other provision of this regulation, no assistance shall be paid for child care provided by

(a)  the applicant or recipient on whom the child is dependent, or any dependant of the applicant or recipient; or
(b)  another person who is a parent or guardian of the child, or a spouse or common-law partner of that person.

CALCULATING FINANCIAL RESOURCES
 
Calculating financial resources
8(1)            In calculating the financial resources of an applicant's or recipient's household, the director shall exempt

(a)  the following assets:

(i)    [repealed],
(ii)   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,
(iii)   inventory and equipment essential to carrying on a viable farming or business operation,
(iv)   liquid assets of up to $4,000 per person, to a maximum of $16,000 per household,
(v)    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,
(vi)   [repealed] M.R. 52/2010,
(vii)  except where subclause (xiii) applies, property of a value up to $40,000. 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

(A)  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,
(B)  the terms of the trust are evidenced in writing, and
(C)  no property is removed from the trust without the prior consent of the director,

(viii)   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,
(ix)    federal compensation payments to persons infected with the HIV virus through blood transfusions or the use of blood products,
(x)    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,
(xi) 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,
(xii) compensation received from the Pre 1986/Post 1990 Hepatitis C Settlement Fund established by the Canadian Red Cross Society and others,
(xiii)   assets as set out in section 8.1;
(xiv)  asset building accounts, such as Registered Education Savings Plans, individual development accounts and accounts under similar programs approved by the minister,
(xv)  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,
(xvi)  compensation payments related to a claim of abuse sustained at a residential school,
(xvii)   a Canada Student Grant for Students with Permanent Disabilities,
(xvii.1) a Canada Student Grant for Services and Equipment for Students with Permanent Disabilities,
(xvii.2) any of the following grants made under the Canada Student Grant Program:

(A)  a Canada Student Grant for Students from Low-Income Families, 
(B)   a Canada Student Grant for Students with Dependants, 
(C)   a Canada Student Grant for Part-Time Students, 
(D)  a Canada Student Grant for Part-Time Students with Dependants, 
(E)   any other grant made under the Canada Student Grant Program approved by the minister,

if the grant is issued in respect of a course of study in which the enrollment of the applicant or recipient has been approved by the department,
(xviii)   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 (Canada),
(xix)  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,
(xx) subject to section 8.2, contributions to a Canada Registered Disability Savings Plan to a maximum of $200,000, any growth or interest on those contributions, and any withdrawals from that plan,
(xxi)  payments received from a First Nation that distribute compensation paid to the First Nation from the Government of Canada under a land claim settlement,
(xxi.i) payments received from funds paid under the Bipole III/Keewatinohk Converter Station Agreement between Fox Lake Cree Nation and the Manitoba Hydro-Electric Board dated July 7, 2015,
(xxi.ii) payments received from the Government of Canada or any third-party administrator under the Thalidomide Survivors Contribution Program,
(xxii)   compensation received under the Zyprexa Class Action Canada-wide Settlement Agreement made by Eli Lilly and Company and Eli Lilly Canada Inc., except for any portion of the compensation that is for loss or replacement of income;
(xxiii) compensation received under a settlement agreement dated August 30, 2017 respecting various claims against the Government of Canada relating to the removal of Aboriginal children from their families and their placement with non-Aboriginal families,
(xxiv) compensation received under a settlement agreement with respect to Manitoba Court of Queen's Bench File No. CI 12-01-77146 (Anderson v. Government of Manitoba); and

(b)  subject to subsections (2.1) to (2.3), income from the following:

(i)  [repealed] M.R. 111/2001,
(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] M.R. 5/2004,
(ii) foster home maintenance received 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,
(iii)  the Manitoba Cost of Living Tax Credit Plan and the Manitoba Property Tax Credit Plan pursuant to The Income Tax Act (Manitoba),
(iv)  start-up and operating grants for providers of family day care under the Manitoba Child Day Care Program,
(v)  [repealed] M.R. 204/93,
(vi)  [repealed] M.R. 127/2015.
(vii)   the Goods and Services Tax Credit,
(viii)   contributions other than ordinary maintenance to a recipient or dependants who require special care,
(ix)  earnings as set out in subsections 8(4) to (10),
(x)   notwithstanding subclause (ix), employment or self-employment earnings of children who are in full-time attendance at an approved educational institution,
(xi)  payments from roomers or boarders as follows:

(A)  70% of gross income from boarders, and
(B)  10% of gross income from roomers,

(xii)   a training incentive paid under an education or training program that the director has approved for a recipient or applicant, to a maximum of $200 per month,
(xiii)   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,
(xiv)  a benefit under the Manitoba Prenatal Benefit Regulation,
(xv)  a  payment  received  pursuant  to the Energy  Costs  Assistance  Measures 
(Canada),
(xvi)  [repealed] M.R. 89/2016,
(xvii) Universal Child Care Benefit payments from the Government of Canada,
(xviii) Working Income Tax Benefit payments from the Government of Canada,
(xix)   the Manitoba primary caregiver's tax credit,
(xx)  a participation allowance provided under the Manitoba Youth Transitional Employment Assistance Mentorship project.
 

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

(a)  shall be exempted from the calculation of financial resources in the month it is received; and
(b)  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).
 
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:

(a)  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;
(b)  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 subsection (4), "net monthly earnings" means

(a) monthly employment earnings less compulsory payroll deductions; or
(b) monthly self-employment earnings less self-employment expenses approved by the director.

8(6)            Despite subsection (4), 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] M.R. 97/98.
 
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
8.1(2)          Subject to section 8.2 and subsection (2.1), in calculating the financial resources of an applicant or recipient, the director must exempt:

(a)  contributions to a trust for an eligible person, to a maximum of $200,000; and
(b)  any growth or interest on those contributions.

No exemption for real property
8.1(2.1)       The director must not exempt any real property that is held in trust for an eligible person, or any growth in the value of real property held in trust.
 
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:

(a)  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; 
(b)  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;
(c)  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;
(d)  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

(a)  compensation for loss of any type of income for an eligible person;
(b)  replacement of any type of income for an eligible person; or
(c) 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.
 
8.1(5)          [Repealed] M.R. 216/2011.
 
Limit on exemption
8.1(6)          Subject to section 8.2, once the total value of contributions to a trust for an eligible person reaches $200,000, no further exemption under this section is available in respect of further contributions made to the trust for that eligible person, regardless of the number of times that the person is enrolled under the Act.
 
Calculating value of contributions
8.1(7)          The following rules apply in determining the value of contributions to a trust for an eligible person:

(a)  if an exemption had never been claimed under this section, the initial contribution to a trust for an eligible person is deemed to be the total value of the property held in trust at the time of application; 
(b)  if an exemption had previously been claimed under this section and a person is re-enrolled under the Act, the contributions to a trust for an eligible person include

(i)  all contributions made to the trust during the initial period of enrollment, and
(ii)   all contributions made to the trust while the person was not enrolled under the Act;

(c)  except in the circumstances set out in clause (a), the value of a contribution to a trust is to be determined based on the value of the property at the time it was contributed to the trust.

8.1(8)          [Repealed] R.M. 216/2011.
 
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:

(a)  disbursements for the purchase of disability-related items or services; 
(b)  disbursements to purchase any items or services not covered by clause (a), up to an annual limit of the eligible person's household liquid asset exemption under subclause 8(1)(a)(iv);
(c)  reasonable costs for the administration of the trust, including legal fees and income tax preparation;
(d)  money for the payment of taxes accruing from the property held in trust.

Separate trusts for each eligible person
8.1(10)         Each eligible person must have a separate trust.

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.
 
Annual financial statement to director
8.1(12)         An applicant or recipient must provide the director with an annual financial statement for a trust established for each eligible person in his or household that contains the following information:

(a)  the value of the trust assets as of December 31 of that year;
(b)  the contributions to the trust in that year;
(c)  particulars of all disbursements from the trust in that year.

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.

8.1(14)        [Repealed] M.R. 216/2011.
 
Combined contribution limit for RDSP and trust

8.2             If a Canada Registered Disability Savings Plan referred to in subclause 8(1)(a)(xx) and a trust under section 8.1 have been established for an eligible person, the combined value of contributions to the Canada Registered Disability Savings Plan and the trust must not exceed $200,000 in order to be exempted from the calculation of the financial resources of an applicant or recipient.
 
Consequences of transfer of assets
8.3             If, at any time within five years before, or at any time after, the date of application for income assistance or general assistance, the director determines that an applicant or recipient or a dependant of an applicant or recipient has given away property or assigned or transferred any property for inadequate consideration to reduce his or her financial resources in order to qualify for income assistance or for general assistance, the director may

(a)  determine that the applicant or recipient is not eligible for shelter assistance and income assistance or general assistance; or
(b)  reduce the amount of shelter assistance and income assistance or general assistance that would otherwise be payable by deeming

(i)  the property given away, assigned or transferred to be a financial resource of the applicant or recipient, and

(ii)   an amount that might reasonably have been earned as income from the property given away, assigned or transferred, or from investments of equivalent value, to be income available to the applicant or recipient.

Deemed rent
8.4             If 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 market value, 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.
 
9                Renumbered as section 12.1. 
 
EMPLOYMENT ENHANCEMENT
 
Obligations respecting employment
10(1)           Subject to subsection (1.1), every

(a)  applicant or recipient and the spouse or common-law partner of an applicant or recipient under section 5.1 of the Act;
(b)  applicant or recipient under clause 5(1)(b) or (c) of the Act whose youngest dependant child is at least six years of age; and
(c)  [repealed] M.R. 76/2013;
(d)  child who

(i)  is an applicant or recipient, or a dependant of an applicant or recipient,
(ii)   is 16 years of age or older,
(iii)   has no dependent children, and
(iv)  is not actively pursuing a course of education or training;

has an obligation to satisfy the director that

(e)  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;
(f)  he or she has not refused any employment that she or he might reasonably have obtained; and
(g)  where the director recommends that the person undertake an employability enhancement measure, he or she is undertaking the recommended measure.

10(1.1)       If an applicant or recipient under section 5.1 of the Act has a dependent child under six years of age, the obligations set out in subsection (1) apply to one, but not both, of

(a)  the applicant or recipient; and 
(b)  the spouse or common-law partner of the applicant or recipient.

10(2)           Where

(a)  an applicant or recipient under section 5.1 of the Act who does not have dependant children; or
(b) 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

(a)  an applicant or recipient who has one or more dependant children;
(b)  the spouse or common-law partner of such an applicant or recipient; or
(c)  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

(d)  $50. per month; and
(e)  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.

Employability enhancement measures for parents of children two to five years of age
10.1(1)       The director shall collaboratively plan, and support, employability enhancement measures for any applicant or recipient, or the spouse or common-law partner of an applicant or recipient, who

(a)  has a dependent child two, three, four or five years of age; and
(b)  is not subject to the obligations under subsection 10(1).

10.1(2)       An applicant, recipient, spouse or common-law partner referred to in subsection (1) shall participate in the planning and implementation of their employability enhancement measures.

Advisory council
10.2            An advisory council of community representatives shall be established to provide advice on employability enhancement measures.
 
TRANSITIONAL BENEFITS
 
Transitional employment benefits
10.3   [Repealed] 

Transitional health care benefits
10.4(1)       A recipient of income assistance who

(a)  has received income assistance for at least three consecutive months;
(b)  is no longer enrolled under clause 5(1)(a), (b) or (c) of the Act because of excess earned income; and
(c)  was employed on the last day covered by his or her final payment of income assistance;

may receive benefits in respect of health care costs referred to in Division 3 of Schedule A for 24 months after he or she stopped receiving income assistance.
 
10.4(2)       A person may receive benefits in respect of health care costs referred to in Division 3 of Schedule A for 24 months after he or she stopped receiving income assistance if he or she

(a)  is no longer enrolled under clause 5(1)(a), (b) or (c) of the Act because he or she is receiving a living allowance paid by the department as a result of his or her participation in a program of training, education, work experience, or work placement, approved by the department; and 
(b)  is not receiving benefits under Part I of The Employment Insurance Act (Canada).

Transitional health benefits for general assistance recipients
10.5(1)       A recipient of general assistance who

(a) has received general assistance for at least six consecutive months;
(b) is no longer enrolled under section 5.1 of the Act because of excess earned income; and
(c) was employed on the last day covered by his or her final payment of general assistance;

may receive benefits in respect of health care costs referred to in Division 3 of Schedule A for 24 months after he or she stopped receiving income assistance.

10.5(2)       A person may receive benefits in respect of health care costs referred to in Division 3 of Schedule A for 24 months after he or she stopped receiving income assistance if he or she

(a) is no longer enrolled under section 5.1 of the Act because he or she is receiving a living allowance paid by the department as a result of his or her participation in a program of training, education, work experience, or work placement, approved by the department; and
(b) is not receiving benefits under Part I of The Employment Insurance Act (Canada).

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.
 
PART 3 - SHELTER ASSISTANCE FOR PERSONS WHO DO NOT RECEIVE INCOME ASSISTANCE OR GENERAL ASSISTANCE
 
Application
11.1          This Part sets out the rules that determine if a person who does not receive income assistance or general assistance is eligible to receive shelter assistance and the amount of shelter assistance that is payable to an eligible person.

Calculating net income
11.1.1(1)       In this Part, "net income" means the net income of a person for a year as confirmed by the Canada Revenue Agency.

11.1.1(2)       When an application for shelter assistance under this Part is made

(a) in the first six months of a calendar year, a person's net income is to be determined based on the taxation year that ended on December 31 of the second preceding calendar year; and
(b) in the last six months of a calendar year, a person's net income is to be determined based on the taxation year that ended on December 31 of the preceding calendar year.

11.2       [Repealed]

Eligibility requirements
11.3(1)       To be eligible to receive shelter assistance under this Part, a person must

(a) have eligible rental accommodations as his or her primary residence; and
(b) have an annual net income for his or her household that is less than

(i)  $23,040 in the case of a single-person household,
(ii)  $26,320 in the case of a household of two or more adults and no minor dependants,
(iii)  $32,600 in the case of a household of two persons that includes a minor dependant,
(iv)  $32,600 in the case of a household of three or four persons, or
(v)  $41,040 in the case of a household of five or more persons.

11.3(2)       A person is not eligible to receive shelter assistance under this Part if

(a)  the person or his or her co-habiting spouse or common-law partner is receiving income assistance or general assistance, except for an allowance or assistance respecting health care benefits;
(b)  the person is living in accommodations, including a mobile home, that he or she owns or that is owned by his or her spouse or common-law partner;
(b.1)  the person is not a Canadian citizen or a permanent resident as defined in The Immigration and Refugee Protection Act (Canada);
(c)  the person is living on a reserve as that term is defined in the Indian Act (Canada); or
(d)  another person living with the person is receiving shelter assistance under this Part.

Calculating household income
11.4(1)       Subject to this section, the net household income of an applicant or recipient of shelter assistance under this Part is calculated by adding the net income of the applicant or recipient to the net income of all other persons residing with the applicant or recipient.
11.4(1.1)       Subject to subsection (3), if the spouse or common-law partner of an applicant or recipient does not live with the applicant or recipient, the net income of the spouse or common-law partner will be added to the net income of the applicant or recipient. 
11.4(2)       The income of any dependant of an applicant or recipient, other than the spouse or common-law partner of an applicant or recipient, who are enrolled in an approved educational institution on a full-time basis are not to be included in the gross household income of the applicant or recipient.

11.4(3)       If the spouse or common-law partner of an applicant or recipient is not able to live with the applicant or recipient because he or she is incarcerated or has been admitted into a hospital or other health care facility, the gross household income of the couple will be deemed to be one half of their total income.
 
11.4(4)       When calculating the annual net household income for a person who receives a benefit under the Old Age Security Act (Canada), the calculation is to be adjusted by

(a)  including the amount of the benefit that would have been paid to the person if he or she were entitled to that benefit on April 1, 2011; and
(b)  excluding any portion of the benefit payable to the person in excess of the amount included under clause (a).

11.4(5)       The portion of an education or training allowance that is specifically provided to cover direct expenses such as child care expenses or tuition that are incurred by a person while receiving education or training is excluded from the net income of the person.

11.4(6)       The income of an applicant or recipient who is a refugee under the Immigration and Refugee Protection Act (Canada) who

(a) receives income support under the Resettlement Assistance Program operated by the Government of Canada;
(b) is supported through a sponsorship agreement under the Immigration and Refugee Protection Regulations (Canada), SOR/2002-227; or
(c) has immigrated as a family class member under the Immigration and Refugee Protection Act (Canada) and has an active sponsorship undertaking in effect;

is determined by adding the applicable amount in the following table to the annual amount of Universal Child Care Benefit payments payable from the Government of Canada:

Family Size Applicable Amount
1 $12,600
2 $21,200
3 $23,000
4 $27,000
5 $29,700
6 $32,500
6 + persons $32,500 plus $2,550 for each additional family member
 

Calculating shelter assistance payable
11.5(1)       The shelter assistance payable to a person under this Part is to be determined in accordance with this section and the following formula:
 
SA = (A - B)
 
In this formula,
SA          is the amount of monthly shelter assistance payable, subject to subsection (2);
A            is 75% of the applicable median market rent for the person's household, as determined under section 14.1;
B            is 1/12 of 30% of the person's annual net household income;
 
11.5(2)       The maximum monthly shelter assistance payable is.

(a) $576 in the case of a single-person household;
(b) $658 in the case of a household of two adults;
(c) $815 in the case of a household of two persons that includes a minor dependant;
(d) $815 in the case of a household of three or four persons; or
(e) $1,026 in the case of a household of five or more persons.

11.5(3)       No monthly shelter assistance is payable if the amount as calculated under subsection (1) is $2.00 or less.

11.5(4)       If the monthly shelter assistance calculated under subsection (1) is between $2.01 and $10.00, the monthly shelter assistance payable may be paid out in a lump sum at intervals determined by the director.

Requirement to submit new application
11.6           In order to continue receiving shelter assistance under this Part without interruption, a person must submit a new application every year or at such other times as the director may require.
 
PART 4 - MISCELLANEOUS PROVISIONS
 
Periodic review
12             Each recipient's circumstances shall be reviewed by the director periodically and not less than annually, and any income assistance, general assistance or shelter assistance payable is to be adjusted accordingly.
 
General obligations
12.1(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, general assistance or shelter 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.

 
12.1(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, including an Act of Canada or a program provided by the Government of Canada.

12.1(3)       Where income assistance, general assistance or shelter 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, general assistance or shelter assistance that would not have been paid if the funds had been available.

12.1(4)       Where an obligation described in subsections (1) to (3) is not met, the director may deny, suspend or discontinue income assistance, general assistance or shelter 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.

13              [Repealed]

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

Calculating shelter assistance using median market rent
14.1(1)       The maximum shelter assistance payable for eligible rental accommodations is 75% of the median market rent for the applicable type of accommodation for the household of the applicant or recipient, as determined in accordance with this section.

14.1(2)       Median market rent is based on the median rent for apartments in Winnipeg as set out in the Rental Market Survey conducted by Canada Mortgage and Housing Corporation.

14.1(3)       The maximum shelter assistance payable

(a) for the period December 1, 2015, to June 30, 2016, is based on the median rents set out in the April 2015 Rental Market Survey conducted by Canada Mortgage and Housing Corporation; and
(b) for each subsequent annual period from July 1 to June 30 of the following year, is based on the median rents set out in the Rental Market Survey conducted by Canada Mortgage and Housing Corporation in October of the previous year.

14.1(4)       The applicable type of accommodation for a household is determined as follows:

(a) household of two adults — one bedroom apartment;
(b) two person household with a minor dependant — two-bedroom apartment;
(c) household with three or four persons — two-bedroom apartment;
(d) household with five or more persons — 3+ bedroom apartment.

14.1(5)       In the case of a single person household,the median market rent is the average of the median market rent for a bachelor apartment and a one bedroom apartment.

15              [Repealed]

Outstanding warrant — recipient or dependant
16(1)         Upon becoming aware of an unexecuted warrant for the arrest of an adult recipient or any of his or her adult dependants in respect of a prescribed offence, the director must send notice of the warrant to the recipient at the address most recently reported to the director by the recipient.

Obligation of recipient
16(2)         A recipient to whom a notice is sent under subsection (1) has an obligation to satisfy the director, within 60 days of the day on which the notice was sent, that

(a) the warrant has been executed; or
(b) the warrant cannot be executed because the person who is the subject of the warrant is in a hospital or a crisis intervention facility.

Recipient with no dependants
16(3)         Subject to subsections (6) and (7), if a recipient who has no dependants is sent a notice under subsection (1) and fails to meet the obligation under subsection (2) the director must

(a)  discontinue all income assistance, general assistance or shelter assistance payable to the recipient; and

(b)  deny any subsequent application for income assistance, general assistance or shelter assistance until the recipient satisfies the director that the warrant has been executed.

Recipient with dependants
16(4)         Subject to subsections (5) to (7), if a recipient who has one or more dependants is sent a notice under subsection (1) and fails to meet the obligation under subsection (2) the director must, until the recipient satisfies the director that the warrant has been executed,

(a)  in the case of a recipient who receives income assistance or general assistance,

(i)  suspend any assistance payable in respect of the person who is the subject of the warrant in relation to:

(A)  special diet under section 4 of Schedule A, and 
(B)   special household needs and volunteer benefits under Division 3 of Schedule A, and

(ii)   reduce the income assistance or general assistance payable by $160 each month; or

(b)  in the case of a recipient who receives shelter assistance under Part 3, discontinue the payment of shelter assistance and deny any subsequent application for shelter assistance until the recipient satisfies the director that the warrant has been executed.

Recipient and spouse subject to warrants
16(5)         Subject to subsections (6) and (7), if

(a)  a recipient who is sent a notice under subsection (1) fails to meet the obligation under subsection (2);
(b)  the recipient has no dependants under 18 years of age; and
(c)  the recipient and his or her spouse or common law partner are each the subject of an unexecuted warrant in respect of a prescribed offence;

the director must

(d)  discontinue the recipient's income assistance, general assistance or shelter assistance; and
(e)  deny any subsequent application for income assistance, general assistance or shelter assistance until the recipient satisfies the director that the warrants have been executed.

No discontinuance, suspension or reduction during notice period
16(6)         The director must not discontinue, suspend or reduce the income assistance, general assistance or shelter assistance payable to the recipient until 60 days after the day on which the notice was sent in accordance with subsection (1).

No discontinuance, suspension or reduction
16(7)         The director must not discontinue, suspend or reduce the income assistance, general assistance or shelter assistance payable to the recipient if

(a)  the person who is the subject of the warrant was under 18 years of age at the time of the offence; or
(b)  the director believes that it would cause significant hardship.

Outstanding warrant — applicants
16(8)         The director must deny an application for income assistance, general assistance or shelter assistance if there is an unexecuted warrant for the arrest of the applicant in respect of a prescribed offence unless

(a)  the applicant was under 18 years of age at the time of the offence;
(b)  the applicant is the only adult with whom one or more dependent children are living;
(c)  the warrant cannot be executed because the applicant is in a hospital or a crisis intervention facility; or
(d)  the director believes it would cause significant hardship.

Prescribed offences

16(9)         For the purpose of subsection 5.5(3) of the Act, the contravention of a provision of the Criminal Code (Canada) listed in Schedule C is a prescribed offence.

SCHEDULE A (Sections 4 and 4.1)

INCOME ASSISTANCE AND GENERAL ASSISTANCE

 

DIVISION 1
GENERAL MATTERS

 

Income assistance entitlements
1                  The amount of monthly income assistance that an eligible person is entitled to consists of

(a)  the applicable allowance for basic necessities for the person as determined under Table 1 or Table 2; 
(b)  all additional allowance amounts to which the person is entitled under section 8; and
(c)  all applicable amounts that the person is entitled to under Division 3.

General assistance entitlements
2                  The amount of monthly general assistance that an eligible person is entitled to consists of

(a)  the applicable allowance for basic necessities for the person determined under Table 3;
(b)  all additional allowance amounts to which the person is entitled under section 8; and
(c)  all applicable amounts that the person is entitled to under Division 3.

Additional allowance for northern residents
3                  If a person resides in an area of Manitoba north of latitude 53°00', or in an area east of Lake Winnipeg and north of latitude 51°12', the applicable allowance for basic necessities under Table 1, 2 or 3 may be exceeded by an amount approved by the minister.
 
Special diet
4                  If a medical practitioner has prescribed a special diet for a person, the applicable allowance for basic necessities under Table 1, 2 or 3 may be exceeded by an amount approved by the minister.
 
Reduction of allowance for basic necessities
5                  The amount of the allowance for basic necessities to which an eligible person is entitled may be reduced in accordance with terms authorized by the director if

(a)  the person does not require one or more of the basic necessities included in the basic allowance due to the particular nature of his or her living arrangements; or
(b)  the person is a resident of Manitoba Developmental Centre, St. Amant Centre, Selkirk Mental Health Centre or Eden Mental Health Centre.

Director to determine amounts payable
6                  If a provision in this Schedule does not specify the amount payable or the method used to determine the amount payable for a particular item or service, the amount payable is to be determined by the director.

 

 

DIVISION 2
ALLOWANCE FOR BASIC NECESSITIES

 

Calculating allowance for basic necessities
7                  The monthly allowance for basic necessities for a person is calculated by determining the applicable monthly allowance under Table 1, 2 or 3 and adding any additional amounts that may be payable to a person under section 8.

Table 1
Monthly Allowance for Basic Necessities for Recipients
Enrolled under Clause 5(1)(a), (g) or (i) of the Act

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 0 448.40 669.00 
0 1 0 408.60 629.20 
0 0 1 376.40 597.00 
2 2 0 0 631.00  840.20 
0 2 0 551.40 760.60 
0 0 2 487.00 696.20 
1 1 0 591.20 800.40 
0 1 1 519.20 728.40 
1 0 1 559.00 768.20 
3 3 0 0 802.20 1,029.40 
0 3 0 682.80 910.00 
0 0 3 586.20  813.40 
2 1 0 762.40 989.60 
2 0 1 730.20 957.40 
0 2 1 650.60 877.80 
1 2 0 722.60 949.80 
1 0 2 658.20 885.40 
0 1 2 618.40 845.60 
1 1 1 690.40 917.60 

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

 

Table 2
Monthly Allowance for Basic Necessities for Recipients
Enrolled under Clause 5(1)(b), (c), (d), (e), (f) or (h) of the Act

Number of Children 12 - 17 years 7 - 11 years 0 - 6 years One Adult Person
0 0 0 0 $242.10   
1 1 0 0 407.20   
0 1 0 369.40   
0 0 1 344.40   
2 2 0 0 580.60   
0 2 0 505.00   
0 0 2 455.00   
1 1 0 542.80   
0 1 1 480.00   
1 0 1 517.80   
3 3 0 0 743.20   
0 3 0 629.80   
0 0 3 554.80   
2 1 0 705.40   
2 0 1 680.40   
0 2 1 604.80
1 2 0 667.60   
1 0 2 617.60   
0 1 2 579.80   
1 1 1 642.60   

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

 

Table 3
Monthly Allowance for Basic Necessities
for Recipients of General Assistance

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 0 569.00
0 1 0 529.20  
0 0 1 497.00  
2 2 0 0 740.20
0 2 0 660.60
0 0 2 596.20 
1 1 0 700.40
0 1 1 628.40  
1 0 1 668.20
3 3 0 0 929.40  
0 3 0 810.00 
0 0 3 713.40  
2 1 0 889.60 
2 0 1 857.40
0 2 1 777.80
1 2 0 849.80
1 0 2 785.40
0 1 2 745.60
1 1 1 817.60  

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.

 

Additional allowances
8                  Additional allowance amounts in respect of basic necessities are payable to a person in respect of any of the following that apply to the person:

(a)  an additional allowance for each household enrolled under clause 5(1)(a), (b) or (c) of the Act, calculated as follows:

(i)  Basic amount:

(A)  for each household for which a shelter allowance is payable under section 1, 2 or 4 of Schedule B, in which the oldest person is under 65 years of age: $48.80 per month,
(B)   for each household for which a shelter allowance is payable under section 1, 2 or 4 of Schedule B, in which the oldest person is 65 years of age or older: $57.10 per month,
(C)   for each household for which a shelter allowance is payable under section 3 of Schedule B: $38.80 per month,
(D)   for each household for which no shelter allowance is payable: $13.30 per month,

(ii)   Additional amounts:

(A)  for the spouse or common-law partner of a recipient in a two adult household, add: $10.80 per month,
(B)  for the only child or for one child in a one adult household, add: $10.80 per month,
(C)  for each person who is 65 years of age or older, add: $9.20 per month,
(D)  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 dependent 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;

(b)  an additional amount, calculated as in clause (a), 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;


(c)  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;


(d)  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;
 
(e)  an additional allowance of $25 per month for each recipient in a household without children enrolled under section 5.1 of the Act;
 
(f) an additional allowance of $105 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 dependent 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. However, no amount is payable under this clause for a person residing in a hospital.

 

DIVISION 3
ASSISTANCE PAYABLE
FOR OTHER ITEMS AND SERVICES

 

Additional assistance payable
9                  A recipient of income assistance or general assistance is entitled to payment for the following, where applicable to the recipient or his or her dependants:
 
Special household needs 
The following amounts are payable in respect of a person's household needs:

(a)  up to $150. per household in any fiscal year on account of special household needs, but the minister or any person authorized by the minister may, in accordance with terms and conditions that may be prescribed by the minister, grant an additional amount to a recipient;
(b)  expenses essential to the employment of a recipient, including a monthly allowance of $23.90 on account of work clothing for each employed adult in the recipient's household with a disability;

Health care expenses
The following amounts are payable to a person in respect of his or her health care:

(a)  essential medical and surgical care;
(b)  essential optical supplies including eyeglasses where a duly qualified medical practitioner has certified that there is no systemic or ocular disease of the eye;
(c)  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 Denturists Association;
(d)  such essential drugs as may be prescribed by a duly qualified medical practitioner;
(e)  such other remedial care, treatment and attention including physiotherapy as may be prescribed by a duly qualified medical practitioner;
(f)  for chiropractic treatment the director may authorize an amount in excess of coverage provided under The Health Services Insurance ;
(g)  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;
(h)  such other rehabilitative treatment or care as the director may authorize.

A person is entitled to assistance for health care costs referred to in clauses (b) and (c) only after he or she has been receiving general assistance for six consecutive months or income assistance for three consecutive months. Despite this, a person is not eligible to receive assistance for health care costs under the Act or this regulation if the person is, or would be if he or she were not entitled to assistance under the Act, eligible to receive benefits under the Government of Canada's Non-Insured Health Benefits program.
 
Housekeeping services
Housekeeper or attendant service during illness or other emergency as required.
 
Funeral costs
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.
 
Volunteer benefit
A person receiving an allowance under clause 8(f) is entitled to the following for participating in volunteer activities:

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

A person is not entitled to this benefit

(c)  for volunteer activities arising out of an approved employability enhancement measure; or
(d)  if the person is receiving services under the marketAbilities/Vocational Rehabilitation program or from Community Living Disability Services or any other government-funded program designed to prepare a person for employment.

 

Schedule B (Section 4.1)
Shelter Assistance

 

1. Shelter assistance for renters
A     Recipients of income assistance or general assistance who live in rental accommodations are entitled to the applicable amount in the following table each month on account of shelter costs, up to the actual cost of rent.

Rental Arrangements
Household Size Basic Rent (no utilities included) Water Included Electricity* Included Heat Included Water & Electricity* Included Water & Heat Included Heat & Electricity* Included Water/ Heat/ Electricity* Included
1 Person $243 $253 $258 $260 $268 $270 $275 $285 
2 persons $285 $303 $325 $329 $343 $347 $369   $387
3 persons $310 $333 $343 $374 $366 $395 $407 $430
4 persons $351 $373 $384 $416 $406 $438 $449 $471 
5 persons $371 $393 $404 $433 $426 $455 $466 $488
6 persons $387 $412 $422 $453 $447 $478 $488 $513
each additional person (add to the 6 person rate) $16 $19 $18 $20 $21 $23 $22 $25

* In this table, electricity refers to all household electrical uses other than for heating

 

B.1     A recipient who lives in eligible rental accommodations where the cost of water, heat and electricity is included in the rent is entitled to the following applicable amount each month on account of shelter costs:

(a) $576 in the case of a single-person household;
(b) $658 in the case of a household of two adults;
(c) $815 in the case of a household of two persons that includes a minor dependant;
(d) $815 in the case of a household of three or four persons;
(e) $1,026 in the case of a household of five or six persons, plus $25 for each additional person if the household consists of more than six persons.

B.2(1)     Subject to subitems (2) and (3), a recipient who lives in eligible rental accommodations where the cost of water, heat or electricity is not included in the rent is entitled to the following applicable amount each month on account of shelter costs:

(a) $506 in the case of a single person household;
(b) $583 in the case of a household of two adults;
(c) $688 in the case of a household of two persons that includes a minor dependant;
(d) $688 in the case of a household of three or four persons;
(e) $806 in the case of a household of five or six persons, plus $23 for each additional person if the household consists of more than six persons;

plus the estimated monthly cost for reasonable utilities as determined by the director.
B.2(2)     Subject to subitem (3), a recipient described in subitem (1) may elect to receive the applicable amount set out in item B.1 each month on account of shelter costs.

B.2(3)     The following recipients described in subitem (1) are to receive the applicable amount set out in item B.1 each month on account of shelter costs:

(a) a new recipient who is enrolled after June 30, 2016, and who lives in any type of accommodation other than a single occupancy residence, duplex, triplex or fourplex;
(b) a recipient who made an election under subitem (2) before June 30, 2016 and who was still receiving the shelter benefits provided under item B.1 on July 1, 2016;
(c) a recipient who, at any time after July 1, 2016, made an election under subitem (2) to receive the shelter benefits provided under item B.1.

    If the actual rent exceeds the total amount payable under item A, B.1 or B.2, the director may pay additional amounts up to the actual rent, having regard to the individual circumstances of a person. 

D     [Repealed] M.R. 196/2015

E     If rental accommodations do not have sufficient equipment or facilities for meal preparation, the director may pay the recipient an additional $277 each month to cover the cost of purchasing meals from restaurants or other vendors.

2. Shelter assistance for homeowners
Recipients of income assistance or general assistance who own their home are entitled to the following on account of shelter costs:

(a) up to the following applicable amounts in respect of current taxes on the home and principal and interest on a mortgage and any condominium fees, trailer pad fee or other land rental charges:

(i) $243 in the case of a single-person household,
(ii) $285 in the case of a two-person household,
(iii) $310 in the case of a three-person household,
(iv) $351 in the case of a four-person household,
(v) $371 in the case of a five-person household,
(vi) $387 in the case of a household of six or more persons;

(a.1) if a recipient owes money on a mortgage on his or her home, the following applicable amount each month:

(i) $263 in the case of a single-person household,
(ii) $298 in the case of a two-person household,
(iii) $378 in the case of a three-person household,
(iv) $337 in the case of a four-person household,
(v) $435 in the case of a five-person household,
(vi) $419 in the case of a household of six or more persons;

(b) minor repairs up to $200 in any fiscal year;
(c) home insurance in amounts and at intervals as the director considers appropriate;
(d) the estimated monthly cost for reasonable utilities for the home, as determined by the director;
(e) the cost of major repairs that are approved in advance by the director, subject to any restrictions or conditions imposed by the director.

Any amounts paid on account of principal on a mortgage, major repairs and any tax arrears granted as special household needs under Schedule A are to be secured by a lien registered under section 21 of the Act.

3. Shelter assistance for persons paying room and board who do not require special care

Recipients of income assistance or general assistance whose rent covers food and shelter but who do not require special care are entitled to the following on account of shelter costs:

(a)  single person in the home of a relative — actual cost up to $252 each month, plus an additional $145 if the rent is payable in respect of eligible rental accommodations; 

(b)  single person in a private boarding home — actual cost up to $331 each month, plus an additional $145 each month if the rent is payable in respect of eligible rental accommodations;

(c)  for a couple in the home of a relative of one of the persons — actual cost up to $447 each month, plus an additional $145 each month if the rent is payable in respect of eligible rental accommodations;

(d)  for a couple in a private boarding home — actual cost up to $526 each month, plus an additional $145 each month if the rent is payable in respect of eligible rental accommodations.

4. Shelter assistance for persons paying room and board who require special care
Recipients of income assistance or general assistance whose rent covers food and shelter and who require special care are entitled to the following on account of shelter costs:

(a)  for a single person — actual cost up to $589 each month, plus an additional $145 each month if the rent is payable in respect of eligible rental accommodations;
(b)  for a couple where one person requires special care — add $166 to the amount payable under clause (a), up to the actual cost, plus an additional $145 each month if the rent is payable in respect of eligible rental accommodations;
(c)  for a couple where both persons require special care — add $321 to the amount payable under clause (a), up to the actual cost, plus an additional $145 each month if the rent is payable in respect of eligible rental accommodations;
(d)  children boarding in foster homes and institutions: foster home or institutional rates as approved by the director;
(e)  in exceptional circumstances the director may approve the payment of actual costs in excess of the maximums stated in clauses (a) to (d);
(f)  for a person living in a licensed institution for care of the aged and infirm: the daily rate approved by authorized governmental authority;
(g)  for a person 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, the following rates:

Level 1 care up to $589 per month
Level 2 care up to $659 per month
Level 3 care up to $728 per month
Level 4 care up to $798 per month
Level 5 care up to $870 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 clause (a) and is not eligible for any further allowance under this clause.

 

Schedule C (Subsection 16(9))
Prescribed offences

 

1                  The following offences under the Criminal Code (Canada) are prescribed for the purposes of subsection 5.5(3) of the Act:

Provision of Criminal Code  Description of Offence
75 Piratical Acts
76 Hijacking
77 Endangering safety of aircraft or airport
78.1 Seizing control of ship or fixed platform
81(1) Using explosives
83.18  Participation in activity of terrorist group
83.19 Facilitating terrorist activity
83.2 Commission of offence for terrorist group
83.21 Instructing to carry out activity for terrorist group
83.22    Instructing to carry out terrorist activity
83.23  Harbouring or concealing
151  Sexual interference
152  Invitation to sexual touching
153 Sexual exploitation
153.1 Sexual exploitation of person with disability
155 Incest
160(2)  Compelling commission of bestiality
160(3)  Bestiality in the presence of or by child
163.1 Child pornography
170 Parent or guardian procuring sexual activity
172 Corrupting children
172.1 Luring a child
173(2)  Exposure
212 Procuring
220 Causing death by criminal negligence
233  Infanticide
229, 230, 231 or 235 Murder
236 Manslaughter
239  Attempt to commit murder
244  Discharging firearm with intent (formerly Causing Bodily Harm with Intent – Firearm)
244.1 Causing bodily harm with intent – air gun or pistol
244.2 Discharging firearm – recklessness  
245(a) Administering noxious thing with intention to endanger life or cause bodily harm  
246 Overcoming resistance to commission of offence 
249(4) Dangerous operation of motor vehicles, vessels and aircraft causing death 
255(3) Impaired driving cause death 
255(3.1) Blood alcohol over .08 – cause death 
255(3.2) Failure or refusal to provide sample – death
264 Criminal harassment
267 Assault with a weapon or causing bodily harm
268 Aggravated assault
269 Unlawfully causing bodily harm
270 Assaulting a peace officer
270.01  Assaulting peace officer with weapon or causing bodily harm 
270.02 Aggravated assault of peace officer
271 Sexual assault
272 Sexual assault with a weapon, threats to a third party or causing bodily harm 
273 Aggravated sexual assault
273.3 Removal of child from Canada
279  Kidnapping
279.01 Trafficking in persons
279.011 Trafficking of a person under the age of eighteen years
279.1 Hostage taking
344  Robbery 
346  Extortion
348(1)(d)  Breaking and entering a dwelling-house
423.1     Intimidation of a justice system participant or journalist
431   Attack on premises, residence or transport of internationally protected person
431.1 Attack on premises, accommodation or transport of United Nations or associated personnel
431.2(2) Explosive or other lethal device
467.11  Participation in activities of criminal organization
467.12 Commission of offence for criminal organization
467.13    Instructing commission of offence for criminal organization