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SENIORS BENEFIT ACT

SENIORS BENEFIT ACT

Chapter S‑7

Table of Contents

                1       Definitions

                2       Eligibility for benefits

                3       Appeal

                4       Alienation of benefits prohibited

                5       Recovery of benefits

                6       Regulations


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “beneficiary” means a person who receives a benefit under this Act;

                                 (b)    “benefit” means a benefit authorized to be paid under this Act;

                                 (c)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act.

1994 cS‑13.3 s1

Eligibility for benefits

2   In accordance with the regulations, the Minister may pay a benefit in the amount determined in accordance with the regulations to every person who is eligible under the regulations.

1994 cS‑13.3 s2

Appeal

3   A person who is refused a benefit or wishes to appeal the amount of a benefit may appeal in accordance with the regulations.

1994 cS‑13.3 s3

Alienation of benefits prohibited

4(1)  A benefit may not be assigned or given as security.

(2)  A transaction that purports to assign or give as security a benefit is void.

1994 cS‑13.3 s4

Recovery of benefits

5(1)  A person who has received a benefit to which the person is not entitled must, as soon as possible, return the amount of the benefit to the Minister.

(2)  If a person has received a benefit to which the person is not entitled, the amount of that benefit may be recovered as a debt due to Her Majesty in proceedings commenced

                                 (a)    at any time, when that person made a wilful misrepresentation or committed fraud for the purpose of receiving the benefit, or

                                 (b)    when clause (a) does not apply, within 6 years of the receipt of the benefit.

(3)  If a person is or subsequently becomes a beneficiary, an amount described in subsection (1) may, in accordance with the regulations, be deducted and retained out of any benefit payable to that person.

(4)  If a person has received money under the Senior Citizens Benefits Act, RSA 1980 cS‑12, or the Property Tax Reduction Act, RSA 1980 cP‑19, to which the person is not entitled and if that person is or subsequently becomes a beneficiary, the amount of that money may, in accordance with the regulations, be deducted and retained out of any benefit payable to that person.

1994 cS‑13.3 s5

Regulations

6   The Lieutenant Governor in Council may make regulations

                                 (a)    respecting eligibility for receipt of a benefit;

                                 (b)    respecting the amount of a benefit that may be paid to a beneficiary;

                                 (c)    respecting how benefits are paid under this Act;

                                 (d)    respecting appeals under section 3;

                                 (e)    respecting deductions under section 5;

                                  (f)    respecting the payment of a benefit to another person on behalf of a beneficiary and how a benefit paid to such a person is to be used on behalf of the beneficiary and be accounted for;

                                 (g)    respecting the provision of information about a person to a person who administers the Health Insurance Premiums Act or the Minister responsible for that Act, for the purposes of administering section 4 of that Act.

1994 cS‑13.3 s6