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AR 213/94 SENIORS BENEFIT ACT GENERAL REGULATION

(Consolidated up to 64/2018)

ALBERTA REGULATION 213/94

Seniors Benefit Act

SENIORS BENEFIT ACT GENERAL REGULATION

Table of Contents

                1      Interpretations

                2      Application

                3      Eligibility for benefits

                4      Benefit amount

                6      Payments

                7      Payments

                8      Payment to third party


             8.1      Additional amount

             8.2      Necessities benefit

             8.3      Dental benefit

             8.4      Optical benefit

                9      Appeals

              10      Recovery of benefits

              11      Information sharing

           12.1      Expiry

Schedule

Interpretations

1(1)  In this Regulation,

                               (a)    “adult interdependent partner” means the adult interdependent partner of a senior who lives with the senior or was living with the senior immediately before entering into a long‑term care centre;

                           (a.1)    “Alberta resident” means a person lawfully entitled to remain in Alberta who makes his home and is ordinarily present in Alberta, but does not include a tourist, transient or visitor to Alberta;

                              (b)    “child” includes a foster child and any other person in respect of whom a senior is known as the parent of the person in the community in which they live;

                       (c), (d)    repealed AR 109/2003 s19;

                               (e)    “dependant” means an unmarried child under the age of 21 years who is wholly dependent on the senior for support, an unmarried child less than 25 years of age who is in full time attendance at an accredited educational institute and an unmarried child 21 years of age or more but less than 65, who is wholly dependent on the senior by reason of mental or physical infirmity;

                         (e.01)    “designated assisted living unit” means the part of a residential facility approved by the Minister as a designated assisted living unit where residents are admitted or discharged by a regional health authority on the basis of health needs;

                 (e.1), (e.2)    repealed AR 28/97 s2;

                               (f)    “income for calculating benefits” means the total income less the following deductions: Old Age Security payments, Canada Pension Death benefits, Social Assistance payments, Federal Guaranteed Income Supplement, Federal Spouse’s Allowance, Registered Retirement Savings Plan contributions, the greater of employment income up to a maximum of $3600 and other employment expenses allowed under the Income Tax Act (Canada) and registered pension plan contributions and carrying charges and interest expense up to the amount of the associated annuity income from a reverse mortgage;

                            (f.1)    “lodge” means a facility that receives funding under the Lodge Assistance Program Regulation (AR 406/94);

                               (g)    long-term care centre” means a nursing home or auxiliary hospital in Alberta;

                              (h)    repealed AR 28/97 s2;

                               (i)    “senior” means a person who is 65 years of age or older;

                            (i.1)    “senior couple” means 2 individuals who are the spouses or adult interdependent partners of each other and at least one of whom is a senior;

                               (j)    “single senior” means a senior who does not have a spouse or adult interdependent partner;

                            (j.1)    “spouse” means the spouse of a senior who lives with the senior or was living with the senior immediately before entering into a long‑term care centre.

                            (j.2)    “total income” means,

                                        (i)    in respect of a person or each individual in a senior couple,

                                              (A)    the total income shown on line 150 less the amount shown on line 125 of the Notice of Assessment in respect of the income tax return filed by the person under the Income Tax Act (Canada), or

                                              (B)    if a Notice of Assessment is not available, the amount that is determined by the Minister using the same income information that would have been used by the person to report total income on line 150 of an income tax return less the amount that would have been used by the person on line 125 of an income tax return,

                                      (ii)    in respect of a senior couple, the sum of each individual’s total income determined in accordance with subclause (i), and

                                     (iii)    in respect of a senior couple where the 2 individuals have jointly elected to split pension income, the sum of

                                              (A)    the amount shown on line 150 less the amount shown on line 210 and 125 of the Notice of Assessment in respect of the income tax return filed under the Income Tax Act (Canada) by the individual who is receiving the pension, and

                                              (B)    the amount shown on line 150 less the amount shown on line 125 of the Notice of Assessment in respect of the income tax return filed under the Income Tax Act (Canada) by the other individual,

                                               where the amount deducted on line 210 of the Notice of Assessment of the individual who is receiving the pension and the amount claimed on line 116 of the other individual’s Notice of Assessment are the same.

                              (k)    repealed AR 175/2004 s2;

                               (l)    repealed AR 28/97 s2.

(1.1)  For the purposes of subsection (1)(f) the income for calculating benefits for a senior couple is the total of the individuals’ incomes for calculating benefits.

(2)  Repealed AR 89/95 s2.

AR 213/94 s1;89/95;28/97;109/2003;209/2003;175/2004;136/2005;
65/2006;110/2008;184/2009;112/2013;195/2013

Application

2(1)  In order to determine eligibility for a benefit an applicant for a benefit must submit a completed application in the form provided by the Minister and provide any additional information that the Minister requires with respect to the application.

(2)  The applicant must advise the Minister as soon as possible of any change in the applicant’s relationship status, residence, income for calculating benefits or Federal Old Age Security pension eligibility status.

(3)  If the applicant has a spouse or adult interdependent partner, the spouse or adult interdependent partner must advise the Minister as soon as possible of any change in the spouse’s or adult interdependent partner’s residence, income for calculating benefits or Federal Old Age Security pension eligibility status.

AR 213/94 s2;28/97;109/2003

Eligibility for benefits

3(1)  An individual is eligible for a benefit if the individual

                               (a)    is a senior,

                              (b)    is an Alberta resident and has been an Alberta resident for at least 3 months prior to applying for a benefit,

                               (c)    except where otherwise specified, meets the applicable provisions of the Schedule,

                              (d)    is a Canadian citizen or has been lawfully admitted to Canada for permanent residence,

                           (d.1)    is eligible, or has a spouse or adult interdependent partner who is eligible, for the Federal Old Age Security pension, and

                               (e)    has complied with section 2.

(1.1)  Notwithstanding subsection (1), a senior is not eligible for any benefit during any period within which the Federal Old Age Security pension of that senior or that senior’s spouse or adult interdependent partner is subject to a deferment under section 7.1 of the Old Age Security Act (Canada).

(2)  Repealed AR 112/2013 s3.

(3)  Notwithstanding subsection (1), an inmate of a correctional institution as defined in the Corrections Act or of a prison, as defined in the Criminal Code (Canada), is not eligible for a benefit.

(4)  An individual is not eligible for the accommodation assistance component of the benefit if

                               (a)    the individual is not a homeowner and does not pay rent,

                              (b)    the individual provides services instead of paying rent for an accommodation shared by a relative or friend, or

                               (c)    the individual is a status Indian living on an Indian reserve.

(5)  An individual is not eligible for the supplementary accommodation assistance component of the benefit if the individual lives in accommodation other than

                               (a)    a long‑term care centre, or

                              (b)    a designated assisted living unit.

AR 213/94 s3;89/95;28/97;64/2000;109/2003;209/2003;175/2004;

65/2006;191/2007;112/2013;195/2013

Benefit amount

4   The annual amount of a benefit under section 3 is the amount calculated in accordance with the Schedule.

AR 213/94 s4;89/95

5   Repealed AR 89/95 s5.

Payments

6(1)  A payment may be issued monthly.

(2)  If a final benefit instalment or monthly benefit amount is less than $10, a payment of $10 shall be made.

(3)  A benefit may be paid in any manner determined by the Minister.

(4)  This section applies to a benefit under section 3.

AR 213/94 s6;89/95;28/97;64/2000;175/2004

Payments

7(1)  A senior who is eligible to receive a benefit may be paid retroactively for a period of up to 11 months but not for any period prior to the month in which the senior’s 65th birthday occurred or that coincides with a period of deferment referred to in section 3(1.1) on the part of the senior or the senior’s spouse or adult interdependent partner.

(2) to (3.1)  Repealed AR 89/2015 s2.

(4)  A senior who is eligible to receive a benefit ceases to be eligible to receive a benefit in the month after the senior dies.

(5)  A senior who leaves Alberta temporarily is not eligible to receive benefits 6 months after the senior has left Alberta.

(6)  A senior who is eligible to receive a benefit ceases to be eligible to receive a benefit in the month after the senior leaves Alberta to permanently reside elsewhere.

(7)  This section applies to a benefit under section 3.

AR 213/94 s7;89/95;28/97;64/2000;195/2013;89/2015

Payment to third party

8(1)  The Minister may pay the beneficiary’s benefit to a person who submits a completed application in a form satisfactory to the Minister and provides the Minister with a copy of a trusteeship document, power of attorney or other similar document satisfactory to the Minister.

(2)  A person must notify the Minister as soon as possible if the person ceases to hold a power of attorney for the beneficiary or ceases to be the trustee of the beneficiary.

AR 213/94 s8;64/2000

Additional amount

8.1(1)  An applicant is eligible for a discontinuous special needs component of a benefit if

                               (a)    the applicant meets the requirements of section 3(1)(a), (b), (d) and (e),

                              (b)    the applicant is not disqualified from receiving a benefit under section 3(1.1) or (3),

                               (c)    in the case of primary funded items and an applicant who is a single senior, the applicant’s total income is less than $27 690 after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the applicant in the previous year,

                              (d)    in the case of primary funded items and an applicant who is part of a senior couple, the senior couple’s total income is less than $44 965 after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the senior couple in the previous year,

                           (d.1)    in the case of secondary funded items and an applicant who is a single senior, the applicant’s total income is less than $23 290 after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the applicant in the previous year, and

                           (d.2)    in the case of secondary funded items and an applicant who is part of a senior couple, the senior couple’s total income is less than $36 765 after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the senior couple in the previous year.

                               (e)    repealed AR 112/2013 s4.

(2)  The maximum amount that an applicant is eligible to receive under subsection (1) is $5000 in each year, regardless of the number of claims made in the year.

(3)  In subsection (1), “primary funded items” and “secondary funded items” mean the items classified as such under subsection (4).

(4)  The Minister may by order classify the discontinuous special needs component into primary and secondary funded items and may, in the order, designate

                               (a)    the categories of primary funded items and secondary funded items,

                              (b)    any additional or other eligibility criteria, factors and conditions that must be met in respect of each such funded item,

                               (c)    the maximum number of each funded item that may be provided and the frequency with which each may be provided to any person either annually or in a lifetime, or both, and

                              (d)    the maximum amount that may be paid for each funded item.

(5)  An order under subsection (4) is to be treated as a document incorporated by reference in this Regulation.

AR 89/95 s8;146/95;100/96;140/96;28/97;132/2002;136/2005;
131/2006;122/2007;110/2008;184/2009;87/2010;116/2011;
95/2012;112/2013;195/2013;89/2014;89/2015;74/2016;95/2017;64/2018

Necessities benefit

8.2   Notwithstanding section 8.1, the Minister may pay a benefit of up to a maximum of $5000 in each year to an applicant who meets the requirements of section 3(1)(a) and (b), and who is unable to meet the necessities of life.

AR 140/96 s3;28/97;64/2000;89/2015

Dental benefit

8.3(1)  An applicant is eligible for a component of a benefit for eligible basic dental services as determined by the Minister if

                               (a)    the applicant meets the requirements of section 3(1)(a), (b), (d) and (e),

                              (b)    the applicant is not disqualified from receiving a benefit under section 3(1.1) or (3),

                               (c)    in the case of an applicant who is a single senior, the applicant’s total income is less than $31 675 after deducting the supplementary assistance benefit paid to the applicant in the previous year, and

                               (e)    in the case of an applicant who is part of a senior couple, the senior couple’s total income is less than $63 350 after deducting the supplementary assistance benefit paid to the senior couple in the previous year.

(2)  The maximum amount that an applicant is eligible to receive under this section is $5000 in any 5‑year period, regardless of the number of claims made in that period.

AR 87/2010 s3;195/2013

Optical benefit

8.4(1)  An applicant is eligible for a component of a benefit for prescription eyeglasses if

                               (a)    the applicant meets the requirements of section 3(1)(a), (b), (d) and (e),

                              (b)    the applicant is not disqualified from receiving a benefit under section 3(1.1) or (3),

                               (c)    in the case of an applicant who is a single senior, the applicant’s total income is less than $31 675 after deducting the supplementary assistance benefit paid to the applicant in the previous year, and

                              (d)    in the case of an applicant who is part of a senior couple, the senior couple’s total income is less than $63 350 after deducting the supplementary assistance benefit paid to the senior couple in the previous year.

(2)  The maximum amount that an applicant is eligible to receive under this section is $230 in any 3‑year period, regardless of the number of claims made in that period.

AR 87/2010 s3;195/2013

Appeals

9(1)  A person who is found to be ineligible for a benefit under section 3 or for a component of a benefit under section 8.1, or who is receiving a benefit under section 3 or a component of a benefit under section 8.1 but contests the amount, may appeal the decision in writing to the Minister.

(2)  On receipt of an appeal, the Minister may refer it to an appeal panel of not more than 3 persons appointed by the Minister as a committee under section 7 of the Government Organization Act, and on receipt of the appeal panel’s decision the Minister shall direct that the person

                               (a)    not receive a benefit,

                              (b)    receive a benefit,

                               (c)    receive a benefit in a greater or lesser amount, or

                              (d)    in the case of a benefit under section 3, receive retroactive benefits beyond a 11‑month period, if in the opinion of the appeal panel it would be fair and reasonable and consistent with the Act and this Regulation.

(3)  An appeal panel, when conducting an appeal under this section, must make its decision on whether an applicant is eligible for a benefit and the amount of the benefit, if any, in accordance with the Act and this Regulation.

(4)  An appeal panel’s decision is final.

AR 213/94 s9;89/95;64/2000;87/2010

Recovery of benefits

10(1)  If a person has received a benefit under the Act for which the person was not eligible and if that person is or subsequently becomes a beneficiary, the amount of that money may be deducted from any benefit payable to that person under the Act in the manner, in the amounts and at the times determined by the Minister.

(2)  If a senior couple receives separate benefit payments, any amounts to be deducted under this section shall be included in the benefit calculations and may be deducted in equal amounts from each person’s payment.

AR 213/94 s10;28/97

Information sharing

11   The Minister shall provide to the Minister of Health information that is relevant for the purposes of the administration of the Health Insurance Premiums Act as it relates to the Seniors Benefit Act and this Regulation.

AR 213/94 s11;28/97;206/2001;170/2012

12   Repealed AR 74/2016 s3.

Expiry

12.1   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on July 1, 2025.

AR 132/2002 s3;122/2007;87/2010;89/2015

14   Repealed AR 74/2016 s3.


Schedule   

(section 3 benefit)

1   Repealed AR 28/97 s11.

2   An annual cash benefit under sections 3 and 4 of this Regulation may consist of an income supplement component, an accommodation assistance component or a supplementary accommodation assistance component, or all of them.

3(1)  The income supplement and accommodation assistance components are based on

                               (a)    the applicant’s relationship status,

                              (b)    the applicant’s accommodation status, and

                               (c)    the income for calculating benefits of the applicant or the individuals in a senior couple, as the case may be, reduced by the applicable percentage set out in Column 2 of Part 1 of the Table and the maximum annual cash benefit set out in Column 3 of Part 1 of the Table.

(2)  The income supplement and accommodation assistance components are calculated by reducing the maximum annual cash benefit by the income for calculating benefits as reduced under subsection (1).

(3)  Repealed AR 112/2013 s5.

(4)  A senior who is not eligible for Old Age Security may receive the supplementary accommodation assistance component of the benefit under section 4.

4(1)  The annual supplementary accommodation assistance component of the benefit is based on

                               (a)    the applicant’s accommodation status and, if applicable, the accommodation status of the applicant’s spouse or adult interdependent partner, and

                              (b)    the income for calculating benefits of the applicant, or one half of the combined incomes of individuals in a senior couple, as the case may be, reduced by the applicable percentage set out in Column 2 of Part 3 of the Table and the maximum annual supplementary accommodation assistance component of the benefit set out in Column 3 of Part 3 of the Table.

(2)  The annual supplementary accommodation assistance component of the benefit is calculated by reducing the maximum annual supplementary accommodation assistance component of the benefit by the income for calculating benefits as reduced under subsection (1).

4.1(1)  Repealed AR 212/2010 s2.

(2)  For the month of June 2014 and subsequent months, the supplementary accommodation assistance component of the benefit is calculated monthly

                               (a)    by adding $315 to the monthly accommodation charge for a private room as determined under section 3(1.1) of the Nursing Homes Operation Regulation (AR 258/85), and

                              (b)    by subtracting from the amount calculated under clause (a) the monthly average of the previous year’s total income, not including any supplementary accommodation assistance component of the benefit received in the previous year, of the applicant and, if applicable, the applicant’s spouse or adult interdependent partner.

(3)  The supplementary accommodation assistance component of the benefit calculated under this section must not exceed $695 per month.

4.2(1)  An individual who is living in a long‑term care centre or a designated assisted living unit immediately prior to October 1, 2007 may receive the supplementary accommodation assistance component of the benefit calculated in accordance with section 4.1 instead of in accordance with section 4 if the calculation in accordance with section 4.1 results in a higher benefit for that individual.

(2)  Where an individual referred to in subsection (1) receives the supplementary accommodation assistance component of the benefit as calculated in accordance with section 4.1, that individual’s payment must continue to be calculated in accordance with section 4.1 and must not thereafter be calculated in accordance with section 4.

4.3   An individual who enters a long‑term care centre or a designated assisted living unit on or after October 1, 2007 must receive the supplementary accommodation assistance component of the benefit calculated in accordance with section 4.1.

5   Repealed AR 28/97 s11.

6(1)  Repealed AR 112/2013 s5.

(2)  Repealed AR 28/97 s11.

7  Repealed AR 89/2015 s6.

8   Repealed AR 28/97 s11.

9(1)  If one or both individuals in a senior couple is in a long term care centre or designated assisted living unit, the couple may choose for the purpose of calculating eligibility for a benefit under section 3 of this Regulation to have their income totalled and divided by 2 and the couple treated as 2 single seniors occupying separate dwellings.

(2) and (3)  Repealed AR 28/97 s11.

 

TABLE
CALCULATION OF THE CASH BENEFIT

 

Part 1

 

Accommodation and Relationship Category


Percentage

Maximum Annual Cash Benefit

 

Homeowner
   Single senior
   Senior couple


16.18%
16.22%


$3360
$5040

 

Renter
   Single senior
   Senior couple


16.18%
16.22%


$3360
$5040

 

Lodge Resident
   Single senior
   Senior couple


16.18%
16.22%


$3360
$5040

 

Long‑term Care
Centre
   Single senior
   Senior couple



16.18%
16.22%



$3360
$5040

 

Designated Assisted Living Unit

   Single senior
   Senior couple



16.18%
16.22%



$3360
$5040

 

All other
Accommodation
   Single senior
   Senior couple



11.28%
15.07%



$2340
$4680

 

 

(Note: The benefit calculations in this Part apply with respect to July 2018 and subsequent months.)

Part 2  Repealed AR 112/2013 s5.

 

 

Part 3

 




Accommodation and
Relationship Category






Percentage

Maximum Annual Supplementary Accommodation Assistance Component

 

Long‑term Care Centre

66.53%

$13 589

 

Designated Assisted Living Unit


66.53%


$13 589

 

(Note: The benefit calculations in this Part apply with respect to June 2018 and subsequent months.)

AR 89/95 s10;146/95;100/96;140/96;28/97;64/2000;115/2001;

9/2002;132/2002;109/2003;209/2003;175/2004;136/2005;
65/2006;131/2006;122/2007;191/2007;110/2008;172/2008;
98/2009;184/2009;87/2010;212/2010;116/2011;95/2012;
181/2012;112/2013;89/2014;89/2015;74/2016;95/2017;64/2018