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Employment Support and Income Assistance Regulations
made under Section 21 of the
Employment Support and Income Assistance Act
S.N.S. 2000, c. 27
O.I.C. 2001-138 (March 23, 2001, effective August 1, 2001), N.S. Reg. 25/2001
as amended up to O.I.C. 2007-504 (Sept. 25, 2007, effective October 1, 2007), N.S. Reg. 391/2007
Table of Contents
[Please note: this table of contents is provided for convenience of reference only and does not form part of the regulations.]
Additional information required
Caseworker can change amount of assistance
Obligation to commence proceedings
Supervisor may determine higher amount
Expenses to be considered in determining eligibility
Personal and shelter allowances
Joint ownership of primary residence
Shelter allowance under certain circumstances
Supervisor can modify calculation of budget deficit
Percentage of gratuities and commissions
Consideration of assets in determining eligibility
Overpayments and Underpayments
Default in Maintenance Payments
Appendix “A” - Prescribed Allowances
1 These regulations may be cited as the Employment Support and Income Assistance Regulations.
2 In these regulations
(a) “Act” means the Employment Support and Income Assistance Act;
(b) “allowable mortgage expense” means the percentage of an applicant’s or recipient’s mortgage payment that is included as an expense;
(c) “applicant” means a person who applies for assistance;
(d) “application” means an application for assistance pursuant to Section 4;
(e) “approved educational program” means
(i) a high school, adult day school, upgrading or literacy program, or
(ii) technical or professional training of a duration of 2 years or less;
(f) “applicable assets” includes real property and liquid assets but does not include
(i) a primary residence of an applicant or a recipient that is assessed at less than twice the average assessed value of single family dwellings in the municipality in which the residence is located,
(ii) a cash surrender value of under $500 of a life insurance policy,
(iii) a motor vehicle used for basic transportation including transportation related to job search requirements, training or health and safety requirements,
(iv) tools or equipment directly related to a trade or profession,
(v) a registered education savings plan established for the education of a child and intended for use by that child in relation to education expenses,
(vi) any portion of a registered retirement savings plan that is part of an employment pension program at the place of employment where the applicant or recipient is employed, temporarily laid off or on sick leave,
(vii) prepaid funeral arrangements up to a maximum value of $5000;
Subclause 2(f)(vii) added: O.I.C. 2001-338, N.S. Reg. 91/2001.
(g) “budget deficit” of an applicant or recipient means the amount by which the total expenses of the applicant or recipient exceed the total chargeable income of the applicant or recipient;
(h) “caseworker” means a person in the employ of the Department of Community Services who is responsible for reviewing applications for assistance, determining eligibility for assistance and making decisions with respect to the granting of assistance;
(i) “chargeable income” of an applicant or recipient means income that is included for the purpose of computing the amount of assistance payable to the applicant or recipient pursuant to these regulations;
(j) “cohabit” means to live together with another person as a spouse and “cohabitation” and “cohabitating” have corresponding meanings;
(k) “dependent child” means a person residing in Nova Scotia who is dependent for support upon an applicant or a recipient and is
(i) under the age of 19 years, or
(ii) 19 or 20 years of age and is attending an approved educational program not designated for student loan purposes;
(l) “Director” means the Director of Income Assistance in the Department of Community Services;
(m) “employability assessment” means an assessment to determine whether a recipient or a spouse of a recipient is employable at the time of the assessment and, if not employable at the time of the assessment, includes an assessment of the measures or activities that can reasonably be undertaken by the recipient or spouse to enable the recipient or spouse to become employable;
(n) “employment plan” means a plan that is developed in conjunction with an employability assessment and that establishes the goals of a recipient or a spouse of a recipient in respect of
(i) participation in employment services,
(ii) participation in an approved educational program, and
(iii) employment;
(o) “expense” means an expense of an applicant or recipient that is included for the purpose of calculating the amount of assistance payable to the applicant or recipient pursuant to these regulations, and includes an expense of a spouse and, where applicable, a dependent child;
(p) “family benefits” means benefits received under the Family Benefits Schedule “B” Regulations;
(q) “full-time”, with respect to employment, means paid employment for 30 hours or more per week;
(r) “home” includes a mobile home;
(s) “income maintenance payment” means a payment made to a person by the government of Canada or of Nova Scotia in respect of loss or presumed loss of income by reason of unemployment, loss of the principal family provider, illness, disability or age;
(t) “liquid asset” means any asset readily convertible into cash including cash on hand, bank accounts, stocks and bonds or other securities;
(u) “mobile home” means any trailer that is
(i) designed for or intended to be equipped with wheels, whether or not it is so equipped, and
(ii) constructed or manufactured to provide a residence for one or more persons,
but does not include a travel trailer or tent trailer or trailer otherwise designed;
(v) “mortgage payment” means the actual amount paid, calculated monthly, less any payment of taxes included in the payment for a mortgage that has been obtained for the purpose of purchasing or making necessary repairs or renovations to the primary residence of an applicant or recipient;
(w) “part-time”, with respect to employment, means paid employment for up to 30 hours per week;
(x) “post-secondary education program” means a program designated for student loan purposes;
(y) “primary residence” means the housing unit ordinarily inhabited by an applicant or recipient;
(z) “recipient” means a person who is receiving assistance;
(aa) “social assistance” means assistance received under the Social Assistance Act;
(ab) “special need” means a need for
(i) an item or service with respect to
(A) dental care,
(B) optical care,
(C) funeral arrangements,
(D) special diet,
(E) transportation, child care,
(F) implementation of an employment plan, or
(ii) another item or service that is in the opinion of a caseworker essential for an applicant, recipient, spouse or dependent child,
but does not include an item or service that is insured under Provincial insured health services programs or otherwise funded by government;
(ac) “spouse” means
(i) a husband or a wife of an applicant or recipient, or
(ii) a common law partner or a same-sex partner with whom an applicant or recipient is in a marriage-like relationship that is not a legal marriage;
(ad) “supervisor” means a person in the employ of the Department of Community Services who is responsible for overseeing the work and decisions of a caseworker;
(ae) “supported employment” means employment of a person whose physical, mental or cognitive abilities prevent them from being financially self-sufficient;
Clause 2(ae) replaced: O.I.C. 2001-338, N.S. Reg. 91/2001.
(af) “taxes” means any tax imposed by or under an enactment in respect of real or personal property;
(ag) “unearned income” includes income maintenance payments, workers’ compensation, insurance payments, damage awards, income from mortgages, any maintenance payments, superannuation and income from investments such as stock and bonds;
(ah) “youth” means a person aged 16 to 18, inclusive, who is eligible to apply for assistance.
3 Payments of assistance in the form of money shall be made by cheque or electronic bank transfer in favour of the person named in the requisition for the payment.
4 An applicant shall submit an application in the form prescribed by the Minister to a caseworker and shall attach to the application any documents required pursuant to Section 5.
Additional information required
5 (1) In order to determine the eligibility of an applicant or the ongoing eligibility of a recipient to receive assistance, or to verify information obtained from an applicant or recipient in respect of their eligibility or ongoing eligibility to receive assistance, the applicant or recipient shall provide the following information to a caseworker, in the case of an applicant at the time of application, or in the case of a recipient as requested at any time during which the recipient is in receipt of assistance:
(a) where applicable,
(i) proof of age,
(ii) proof of death,
(iii) proof of marriage,
(iv) proof of divorce,
(v) proof of cohabitation,
(vi) proof of ability to participate in employment services,
(vii) proof of hospitalization,
(viii) proof of parentage,
(ix) proof of citizenship,
(x) proof of residency,
(xi) proof of income, or
(xii) proof of assets.
(b) the social insurance number of the applicant or recipient and of the spouse of the applicant or recipient and a dependent child of the applicant or recipient;
(c) the Nova Scotia Health card number of the applicant or recipient and of the spouse of the applicant or recipient and dependent child of the applicant or recipient;
(d) income tax assessment form of the applicant or recipient and of the spouse of the applicant or recipient; and
(e) an authorization for the release, obtaining or verifying of information about the applicant or recipient and spouse and dependent child of the applicant or recipient including information or documents
(i) specified in this Section and Sections 4 and 7,
(ii) respecting expenses,
(iii) respecting chargeable income,
(iv) respecting liquid assets.
(2) Where an applicant or recipient refuses to provide the information or the authorization specified in subsection (1), the applicant shall be refused assistance or assistance to the recipient shall be discontinued, as the case may be.
6 For the purpose of subclause 5(1)(a)(v), proof of cohabitation may be established by any relevant evidence and shall be deemed to occur where
(a) a man and woman represent themselves to others to be husband and wife; or
(b) individuals represent themselves to others to be each other’s spouse.
7 (1) An applicant or recipient shall provide such information as a caseworker may require with respect to the living arrangements, employment history, health and financial circumstances of the applicant or recipient and the spouse and dependent child of the applicant or recipient.
(2) An applicant or recipient shall give notice to a caseworker of any change that affects the information provided pursuant to subsection (1) immediately upon the occurrence of the change and the notice shall be in writing if so requested by the caseworker.
8 An applicant or recipient may be required to provide evidence under oath or by affirmation to establish the proof of any fact relating to the applicant’s or recipient’s eligibility for assistance.
9 In circumstances where the requirement of an applicant or a recipient to provide documentation in a timely manner would, in the opinion of the caseworker, create undue hardship for the applicant or recipient, assistance may be granted despite the lack of documentation and the applicant or recipient shall be required to provide appropriate documentation at the earliest opportunity.
10 An applicant is not eligible to receive assistance if the applicant has separated from his or her spouse for the purpose of enabling the applicant to qualify for assistance.
11 An applicant is not eligible to receive assistance if at the time of the application the applicant’s chargeable income is equal to or greater than the applicant’s expenses.
12 An applicant or recipient is not eligible to receive assistance where there is another feasible source of income or applicable assets available that is sufficient to provide the applicant or recipient with basic needs, special needs or employment services that are being applied for or provided, as the case may be.
13 An applicant or recipient engaged in a strike or who is locked out by an employer is not eligible to receive assistance.
14 (1) Except as otherwise provided for in these regulations, a person must be 19 years of age or older in order to be eligible to receive assistance.
(2) A person who is under the age of 19 and residing in their parent’s or parents’ home is not eligible to apply for assistance in that person’s own right or on behalf of that person’s dependent child.
(3) An applicant must be present in the Province at the time of application.
Caseworker can change amount of assistance
15 (1) A caseworker may discontinue assistance
(a) where a recipient has been absent from the Province for more than 30 consecutive days; or
(b) where a recipient has been hospitalized for more than 30 consecutive days.
(2) A caseworker shall discontinue assistance where a recipient has been imprisoned for more than 30 consecutive days in any penitentiary to which the Prisons and Reformatories Act (Canada) applies, in a jail, lockup or adult reformatory institution.
Subsection 15(2) amended: O.I.C. 2003-532, N.S. Reg. 216/2003.
(3) A caseworker shall reduce, discontinue or suspend assistance to a recipient where there has been fraud, misrepresentation, non-disclosure of facts or other cause that has resulted in assistance being improperly provided to the recipient.
(4) A caseworker shall increase, reduce, discontinue or suspend assistance to a recipient where there is a change in the circumstances of the recipient or person on whose behalf assistance is being provided to the recipient that relates to the recipient’s eligibility for assistance.
16 (1) No assistance shall be paid on behalf of a dependent child after the dependent child becomes 21 years of age.
(2) With respect to assistance paid on behalf of a dependent child,
(a) where the dependent child is in attendance at a post-secondary education program, the caseworker shall discontinue assistance effective the last day of the month in which the dependent child becomes 19 years of age;
(b) where a dependent child is attending an educational program not designated for student loan purposes and continues to attend the program on a regular basis, a caseworker may continue to provide assistance after the dependent child becomes 19 years of age;
(c) a caseworker shall discontinue assistance effective the last day of the month in which the child ceases to be a dependent child.
(3) A dependent child shall reside with the applicant or recipient the majority of the time in order to be considered a dependent child and included in the calculation of the budget deficit of the applicant or recipient, and where the dependent child resides with more than 1 applicant or recipient, the dependent child may be included in the calculation of the budget deficit of only 1 applicant or recipient.
(4) Where
(a) a dependent child of a recipient has been taken into the care of a child welfare agency pursuant to the Children and Family Services Act; and
(b) the relevant child welfare agency advises a caseworker that
(i) the recipient is participating in a program or plan of action for the purpose of facilitating the return of the dependent child to the recipient, or
(ii) there is a valid reason why the recipient cannot participate in a program or plan of action for the purpose of facilitating the return of the dependent child to the recipient,
the recipient may continue to receive assistance as if the dependent child were still in the care and custody of the recipient.
(5) Assistance provided in accordance with subsection (4) shall not continue for a period exceeding 2 years.
17 (1) A recipient and a recipient’s spouse must participate in an employability assessment.
(2) Where a recipient or a recipient’s spouse refuses to participate in an employability assessment, the recipient shall not continue to receive assistance.
18 (1) A recipient and a recipient’s spouse are required to develop an employment plan that shall take into account
(a) the recipient’s and the spouse’s
(i) skills,
(ii) education,
(iii) work experience,
(iv) volunteer activities,
(v) resources in the community,
(vi) availability of transportation,
(vii) child care needs, and
(viii) personal support; and
(b) such other factors that are relevant to enable the recipient and the spouse to participate in employment.
(2) An employment plan cannot include a plan to participate in an educational program that is not an approved educational program.
19 (1) Where additional information is required by a caseworker to complete an employability assessment of a recipient or a recipient’s spouse or to determine whether an employment plan is appropriate for a recipient or a recipient’s spouse, a caseworker may require the recipient or spouse to undergo a medical examination as the caseworker considers necessary and relevant.
(2) Where a recipient or a recipient’s spouse refuses to undergo a medical examination required pursuant to subsection (1), assistance shall be discontinued if the refusal to undergo a medical examination results in a caseworker being unable to determine the employment readiness of or the suitability of an employment plan for the recipient or spouse.
20 (1) An applicant or recipient is not eligible to receive or to continue to receive assistance where the applicant or recipient, or the spouse of the applicant or recipient unreasonably refuses
(a) to accept employment, where suitable employment is available;
(b) to participate in employment services that are part of an employment plan; or
(c) to engage in an approved educational program that is part of an employment plan, where an appropriate approved educational program is available.
(2) In determining whether the refusal of an applicant or recipient or the spouse of the applicant or recipient referred to in subsection (1) is unreasonable, a caseworker shall not consider the refusal to be unreasonable where the applicant, recipient or spouse has a legitimate barrier to employment, to engaging in an approved educational program, or to participating in employment services.
21 (1) Where an applicant or an applicant’s spouse has quit a job or has been fired from a job within 4 months prior to the application for assistance, assistance shall not be granted for the 6 weeks subsequent to the date of the application if the applicant or the spouse
(a) quit the job without just cause;
(b) was fired with just cause; or
(c) quit the job for the purpose of qualifying for assistance.
(2) Where a recipient or a recipient’s spouse has quit a job or has been fired from a job, assistance shall be discontinued for 6 weeks if the recipient or the spouse
(a) quit the job without just cause;
(b) was fired with just cause; or
(c) quit the job for the purpose of qualifying for additional assistance.
Section 22 repealed: O.I.C. 2004-437, N.S. Reg. 223/2004.
Obligation to commence proceedings
23 (1) In order to be eligible to receive assistance or to continue to receive assistance, an applicant or recipient shall
(a) commence any action or other proceeding; and
(b) enforce any order of the court,
concerning any duty or obligation of any other person to support or maintain the applicant, recipient or a dependent child of the applicant or recipient or other person on whose behalf assistance is payable.
(2) Where an applicant or recipient is unable to commence an action or other proceeding or is unable to enforce any order of the court pursuant to subsection (1) because of a failure to obtain the necessary information, a caseworker may refuse assistance for such period of time as the caseworker considers appropriate in the circumstances.
(3) A caseworker may waive the requirements of subsection (1) where the caseworker considers that compliance with them would adversely affect a family situation or where compliance would be futile or unreasonable.
(4) A youth is not required to comply with the requirements of subsection (1).
24 (1) An applicant or recipient may request assistance for an item of special need, and the applicant or recipient shall provide the following information, where applicable, to a caseworker to support the request:
(a)an explanation as to why the special need is required;
(b)a description of the special need;
(c) any documentation from professionals supporting the special need;
(d) the cost of the special need;
(e) the resources or alternatives that have been investigated with respect to obtaining the special need from other sources;
(f) where the cost of the special need exceeds $200, estimates for the cost of the special need from 2 separate providers; and
(g) an invoice or receipt for the item of special need.
(2) An applicant or recipient may request assistance for an item of special need in accordance with subsection (1) either before or after the purchase of the item of special need.
25 Where an applicant or recipient requests assistance for an item of special need that pertains to the health or medical requirements of the applicant or recipient or the spouse or dependent child of the applicant or recipient, a caseworker may request advice from a person qualified to provide advice in respect of the appropriateness, necessity and effectiveness of the item of special need requested and the caseworker shall take this advice into consideration in determining whether to grant the request.
26 In determining the amount of assistance payable for an item of special need for an applicant or recipient, a caseworker shall include one of the following in the calculation of the budget deficit of the applicant or recipient:
(a) the lesser of the actual cost of the special need or the amount prescribed in Appendix “A”; or
(b) the allowed cost of the special need as approved by a supervisor.
Supervisor may determine higher amount
27 (1) Where a supervisor determines that there is documentation to support that the maximum amount allowed for any item of special need as prescribed in Appendix “A” is insufficient to pay for the cost of the item due to the distinctive need of an applicant or recipient or spouse or dependent child of the applicant or recipient, the higher amount as documented may be included in the calculation of the applicant’s or recipient’s budget deficit.
(2) In urgent circumstances pertaining to the health or safety of an applicant or recipient or spouse or dependent child of the applicant or recipient, the total cost of an item of special need may be provided to the applicant or recipient where there is a budget deficit for a portion of the cost of the special need and payment of the total cost is approved by a supervisor.
28 A recipient between the ages of 16 and 20, inclusive, who is employed on a full-time or part-time basis shall not receive assistance for school supplies or other educational related special needs.
Expenses to be considered in determining eligibility
29 (1) In determining initial eligibility for assistance, a caseworker shall include
(a) expenses as prescribed in these regulations for basic needs and special needs;
(b) actual transportation costs up to $150 per month, where the costs are required for employment or the preservation of health or safety of the applicant or spouse or dependent child of the applicant; and
Clause 29(1)(b) amended: O.I.C. 2001-338, N.S. Reg. 91/2001.
(c) actual child care costs up to $400 per month, where the costs are related to employment or are required for the preservation of health or safety of the applicant or spouse or dependent child of the applicant,
Clause 29(1)(c) amended: O.I.C. 2001-338, N.S. Reg. 91/2001.
in the calculation of the budget deficit of an applicant.
(2) In determining ongoing eligibility for assistance, a caseworker shall include
(a) expenses as prescribed in the regulations for basic needs and special needs; and
(b) expenses for participation in an employment plan
in the calculation of the budget deficit of a recipient.
30 The amount of assistance payable shall be 100% of the budget deficit except as provided for in subsection 27(2).
Personal and shelter allowances
31 (1) An applicant or recipient who is boarding shall be allowed the following monthly allowances, in the amount and in the manner prescribed in Appendix “A”, as expenses:
(a) a shelter allowance; and
(b) a personal allowance for each of
(i) the applicant or recipient,
(ii) the spouse of the applicant or recipient, and
(iii) each dependent child of the applicant or recipient who is 18 years of age or older.
(2) An applicant or recipient who is renting or who owns his or her own home shall be allowed the following allowances, in the amount and in the manner prescribed in Appendix “A”, as expenses:
(a) a shelter allowance;
(b) a personal allowance for each of
(i) the applicant or recipient,
(ii) the spouse of the applicant or recipient, and
(iii) each dependent child of the applicant or recipient who is 18 years of age or older.
32 Where an applicant or recipient or spouse or dependent child of an applicant or recipient is terminally ill or has special needs with respect to barrier-free access to, from or within their accommodations, the shelter allowance prescribed in Appendix “A” may be increased by an amount approved by a supervisor.
Maternal nutritional allowance
33 A female applicant or recipient or spouse or dependent child of an applicant or recipient who is pregnant shall have a maternal nutritional allowance included as an expense in the amount prescribed in Appendix “A”, effective from the date of the notification of pregnancy or birth of the child up to and including 12 months after the birth of the child.
School supplies
34 At the start of each school year a recipient with a dependent child shall have an allowance as prescribed in Appendix “A” included as an expense to defray the cost of school supplies of a dependent child who is between the ages of 5 and 20 years, inclusive, and is attending elementary, junior high or senior high school as of September 30 in the year in which the allowance is being included.
35 In respect of any combination of expenses mentioned in Sections 36 to 42, the amount of assistance payable to an applicant or recipient shall not exceed the lesser of
(a) 100% of the actual total of any combination of expenses; or
(b) the amount prescribed in Appendix “A” for the size of the applicant’s or recipient’s family.
36 (1) Subject to subsection (2) and Section 37, an applicant or recipient who owns his or her own home and who is making payments in respect of a mortgage shall be allowed 100% of the mortgage payment as an allowable mortgage expense.
(2) Where only part of the mortgage money obtained has been used for the purpose of purchasing, repairing or renovating the residence of the applicant or recipient, only that part of the money that relates to the purchase, necessary repairs or necessary renovations of the residence shall be allowed as an allowable mortgage expense.
(3) Where, in the opinion of a caseworker, the application of subsection (2) would create undue hardship for an applicant or recipient, 100% of the applicant’s or recipient’s mortgage payment shall be allowed as an allowable mortgage expense.
Joint ownership of primary residence
37 Where the primary residence of an applicant or recipient is jointly owned by the applicant or recipient with another person or spouse or dependent child of the applicant or recipient, the allowable mortgage expense shall be prorated based on the portion of the primary residence owned by the applicant or recipient, but where a supervisor determines that such prorating will cause undue hardship for the applicant or recipient, 100% of the mortgage payment shall be allowed as an allowable mortgage expense and the supervisor may require the applicant or recipient to enter into a repayment agreement in respect of the assistance granted.
38 An applicant or recipient who owns his or her own home shall be allowed 100% of the actual amount of taxes paid, calculated monthly, as an expense.
39 An applicant or recipient who rents his or her accommodations shall be allowed 100% of the actual amount of rent paid monthly as an expense.
40 An applicant or recipient who heats his or her accommodations shall be a allowed 100% of the actual amount of heating costs paid monthly as an expense.
41 An applicant or recipient who pays for his or her electricity supply shall be allowed 100% of the actual amount of electricity costs paid monthly as an expense.
42 An applicant or recipient who pays for his or her water supply or service shall be allowed 100% of the actual amount of water costs paid monthly as an expense.
43 A caseworker shall allow as an