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(Consolidated up to 184/2009)
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
9 Appeals
10 Recovery of benefits
11 Information sharing
12 Repeal
12.1 Expiry
14 Coming into force
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(c), (d) repealed AR 109/2003 s19;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(e.1), (e.2) repealed AR 28/97 s2;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 Disability benefits, Canada Pension Death benefits, alimony or maintenance income, Workers’ Compensation payments, 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 spouse or adult interdependent partner of one another and one or both of whom are seniors;
(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
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) meets the requirements 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.
(2) An individual who meets all of the requirements of subsection (1), except for clause (d.1), is eligible for the accommodation assistance component of the benefit.
(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
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 is eligible to receive the benefit
(a) in the month following the senior’s 65th birthday, where the birthday occurs before January 1, 1997, or
(b) in the month of the senior’s 65th birthday, where the birthday occurs on or after January 1, 1997.
(2) Until June 30, 1995, benefits may be paid retroactively to July 1, 1994 or to the month following a senior’s 65th birthday whichever is later but an application for benefits for this period must be made prior to October 1, 1995.
(3) On and after July 1, 1995 and until March 31, 2000 benefits may be paid retroactively for a period of up to 3 months but not for any days prior to the appropriate month determined under subsection (1).
(3.1) On and after April 1, 2000 benefits may be paid retroactively for a period of up to 11 months but not for any days prior to the appropriate month determined under subsection (1).
(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
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(3),
(c) when the applicant is a single senior, the applicant’s total income is less than $24 000 after deducting the supplementary accommodation assistance benefit paid to the applicant in the previous year,
(d) when the applicant is part of a senior couple, the senior couple’s total income is less than $39 000 after deducting the supplementary accommodation assistance benefit paid to the senior couple in the previous year, and
(e) the applicant demonstrates serious financial problems that affect the applicant’s ability to meet personal non‑discretionary necessities of life.
AR 89/95
s8;146/95;100/96;140/96;28/97;132/2002;136/2005;
131/2006;122/2007;110/2008;184/2009
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, in the opinion of the Minister, is unable to meet the necessities of life.
AR 140/96 s3;28/97;64/2000
Appeals
9(1) A person who is found to be ineligible for a benefit under section 3 or 8.1 or who is receiving a benefit under section 3 or 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 213/95 s9;89/95;64/2000
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 and Wellness 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
Repeal
12 The Trustee Regulation (Alta. Reg. 308/92) is repealed.
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, 2010.
AR 132/2002 s3;122/2007
Coming into force
14 This Regulation comes into force on July 1, 1994.
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) A senior who is not eligible for Old Age Security may receive an annual cash benefit equal to the amount calculated under subsection (2) multiplied by the appropriate percentage from Part 2 of the Table.
(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) For the month of September 2007 and subsequent months, the supplementary accommodation assistance component of the benefit is based on the applicant’s accommodation status and, if applicable, the accommodation status of the applicant’s spouse or adult interdependent partner.
(2) For the month of October 2008 and subsequent months, the supplementary accommodation assistance component of the benefit is calculated monthly
(a) by adding $265 to the monthly accommodation charge of $1650, 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 $560 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) For the purpose of calculating eligibility for an annual cash benefit, any senior who is not eligible for Old Age Security receives an exemption from total income equal to the maximum Old Age Security payment payable to a person in the preceding year.
(2) Repealed AR 28/97 s11.
7(1) A senior who applied before January 1, 1995 and who is not eligible for the full amount of federal benefits may be considered to have received federal benefits equal to $4586.
(2) Subsection (1) applies until an estimate of income is completed for 1994 or the application has been assessed against Revenue Canada income tax data.
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.
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TABLE |
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Part 1 |
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Accommodation and Relationship Category |
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Maximum Annual Cash Benefit |
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Homeowner |
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Renter |
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Lodge Resident |
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Long‑term Care |
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Designated Assisted Living Unit Single senior |
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All other |
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Part 2 |
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Accommodation Assistance Only |
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Single senior |
Senior couple |
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Homeowner |
51.34% |
34.23% |
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Designated Assisted |
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Part 3 |
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Maximum Annual Supplementary Accommodation Assistance Component |
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Long‑term Care Centre |
49.89% |
$8940 |
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Designated Assisted Living Unit |
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(Note: The benefit calculations in this table apply with respect to July 2009 and following 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
