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Alberta Regulation 89/2007
Assured Income for the Severely Handicapped Act
APPLICATIONS AND APPEALS (MINISTERIAL) REGULATION
Filed: April 17, 2007
For information only:   Made by the Minister of Seniors and Community Supports on 
March 21, 2007 pursuant to section 12(2) of the Assured Income for the Severely 
Handicapped Act, SA 2006 cA-45.1.
Table of Contents
Part 1 
Applications and Appeals
	1	Definition
	2	Application for a benefit
	3	Establishing appeal panels
	4	Appeals to appeal panel
	5	Appeal panels
	6	Decisions exempt from appeal
Part 2 
Transitionals
	7	Income exemption
	8	Facilities
	9	Dependent child
	10	Repeal
	11	Expiry
	12	Coming into force
Part 1 
Applications and Appeals
Definition
1   In this Regulation, "Act" means the Assured Income for the 
Severely Handicapped Act.
Application for a benefit
2(1)  An application for a benefit must be made in the form acceptable 
to and must be accompanied by the information required by a director.
(2)  A director may accept an application for reinstatement of a benefit 
without proof that the applicant meets the severe handicap eligibility 
requirement if the applicant's benefit was terminated within the 
previous 2 years on the basis of a different eligibility requirement.
Establishing appeal panels
3   In establishing an appeal panel, the Minister may
	(a)	appoint or provide for the manner of the appointment of its 
members,
	(b)	prescribe the term of office of any member,
	(c)	designate a chair,
	(d)	authorize, fix or provide for the payment of remuneration and 
expenses to its members, and
	(e)	prescribe the number of members of the appeal panel that 
constitutes a quorum.
Appeals to appeal panel
4   An appeal made in writing to an appeal panel under section 10(2) 
of the Act must include the following:
	(a)	the name of the appellant or the person appealing on his or 
her behalf;
	(b)	a description of the decision of the director which is being 
appealed;
	(c)	the date of the director's decision;
	(d)	the date the affected party received notice of the director's 
decision;
	(e)	the reason for the appeal;
	(f)	the signature of the appellant or the person appealing on his 
or her behalf.
Appeal panels
5(1)  An appeal panel must not make a decision in an appeal of a 
director's decision that the director would not have authority to make 
under the Act and regulations.
(2)  An appeal panel must confirm the director's decision that is being 
appealed if it determines the appeal has been abandoned.
Decisions exempt from appeal
6   The decisions of a director that may not be appealed to an appeal 
panel under section 10 of the Act are:
	(a)	a decision of a director with respect to a personal benefit 
under section 8(1)(a) and (b) of Schedule 3 to the Assured 
Income for the Severely Handicapped General Regulation;
	(b)	a decision to refuse, vary, suspend or discontinue a benefit 
under section 5(1)(b)(ii) of the Assured Income for the 
Severely Handicapped General Regulation;
	(c)	a decision to require repayment of a benefit or an assignment 
under section 4(4) of the Assured Income for the Severely 
Handicapped General Regulation;
	(d)	a decision with respect to collecting a debt due, including an 
amount repayable under a repayment agreement;
	(e)	a decision to deduct an amount owed by the client to the 
Government of Alberta from an underpayment under section 
10(2) of the Assured Income for the Severely Handicapped 
General Regulation.
Part 2 
Transitionals
Income exemption
7   A client who received an income exemption under section 2 of 
Schedule 1 to the repealed Assured Income for the Severely 
Handicapped Regulation (AR 203/99) continues, in accordance with 
the requirements of that Regulation, to have that amount deducted 
from income under the Assured Income for the Severely Handicapped 
General Regulation.
Facilities
8   A client is deemed to be a resident of a facility under the Assured 
Income for the Severely Handicapped General Regulation if the client
	(a)	immediately prior to the coming into force of this Regulation, 
was receiving a modified handicap benefit under the Assured 
Income for the Severely Handicapped Act, RSA 2000 cA-45, 
and
	(b)	immediately prior to the coming into force of this Regulation 
and continuously since then, has resided in a facility 
designated under section 2 of Schedule 1, excluding clauses 
(f) and (i), to the repealed Facilities, Institutions, Health 
Benefits Regulation (AR 209/99).
Dependent child
9   A client's child is deemed to be a dependent child despite the fact 
the child is married or in a cohabiting partner relationship if,
	(a)	immediately prior to the coming into force of this Regulation, 
the client was receiving a living allowance or modified living 
allowance, and
	(b)	immediately prior to the coming into force of this Regulation 
and continuously since then, the child has otherwise qualified 
as a dependent child.
Repeal
10   The Facilities, Institutions, Health Benefits Regulation 
(AR 209/99) is repealed.
Expiry
11   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 March 31, 2017.
Coming into force
12   This Regulation comes into force on the coming into force of the 
Assured Income for the Severely Handicapped Act, SA 2006 cA-45.1.


--------------------------------
Alberta Regulation 90/2007
Hospitals Act
CROWN'S RIGHT OF RECOVERY (MINISTERIAL) 
AMENDMENT REGULATION
Filed: April 18, 2007
For information only:   Made by the Minister of Health and Wellness (M.O. 39/2007) 
on April 2, 2007 pursuant to section 96(2) of the Hospitals Act. 
1   The Crown's Right of Recovery (Ministerial) Regulation 
(AR 160/96) is amended by this Regulation.

2   Section 1(1)(b) is amended by striking out "The Alberta 
Hospital Ponoka" and substituting "Centennial Centre for Mental 
Health and Brain Injury".



Alberta Regulation 91/2007
Assured Income for the Severely Handicapped Act
ASSURED INCOME FOR THE SEVERELY HANDICAPPED 
GENERAL REGULATION
Filed: April 20, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 199/2007) 
on April 20, 2007 pursuant to section 12 of the Assured Income for the Severely 
Handicapped Act. 
Table of Contents
	1	Definitions


Eligibility
	2	When benefits provided
	3	Asset and income eligibility 
	4	Additional eligibility conditions
	5	Refusal, etc. of eligible persons
Benefits
	6	Living allowance, modified living allowance, child benefit
	7	Health benefit
	8	Personal benefits
Review of Benefits
	9	Overpayments
	10	Underpayments
	11	Reporting to a director
Financial Administrators
	12	Appointments
	13	Duties
	14	Revocation
General Matters
	15	Repeal
	16	Expiry
	17	Coming into force 
 
Schedules
Definitions
1(1)  In this Regulation,
	(a)	"Act" means the Assured Income for the Severely 
Handicapped Act;
	(b)	"financially interdependent" does not include a financial 
interdependence based on the provision of child support, 
spousal support or adult interdependent partner support;
	(c)	"institution" means a place or part of a place
	(i)	for the detention or correction of persons who have 
committed a crime or who are charged with the 
commission of a crime,
	(ii)	designated under the Mental Health Regulation 
(AR 19/2004) as a facility, or
	(iii)	designated by the Minister as an institution and that 
receives funding under the Persons with Developmental 
Disabilities Community Governance Act.
(2)  In the Act,
	(a)	"cohabiting partner" means one person with whom a person
	(i)	is residing and
	(A)	who is his or her spouse,
	(B)	has, in the opinion of a director, a relationship of 
interdependence as described in the Adult 
Interdependent Relationships Act, or
	(C)	has a natural or adopted child,
			or
	(ii)	has a relationship described in paragraphs (A) to (C) 
and is financially interdependent;
	(b)	"dependent child" means an unmarried child or a child who 
is not in a cohabiting partner relationship for whom no 
financial assistance is provided under a Government of 
Canada or Alberta program designated by the Minister who 
is
	(i)	dependent for support on the person,
	(ii)	residing with the person or would ordinarily be if that 
person or the dependent child was not residing in a 
facility, and
	(iii)	under 18 years of age or, if attending an education 
program acceptable to a director, under 20 years of age;
	(c)	"facility" means
	(i)	a nursing home as defined in the Nursing Homes Act,
	(ii)	the part of an approved hospital or auxiliary hospital as 
defined in the Hospitals Act in which a person receives 
similar care as received in a facility described in 
subclause (i) that is not designated under the Mental 
Health Regulation (AR 19/2004) as a facility,
	(iii)	the part of a residential facility approved by the Minister 
as a designated assisted living unit where a person is 
admitted or discharged by a regional health authority on 
the basis of health needs, or
	(iv)	a residential facility or part of a residential facility 
approved by the Minister in exceptional circumstances 
when an applicant or client has unique care needs;
	(d)	"financial hardship" means that a person is unable to arrange 
his or her circumstances and financial affairs to meet his or 
her basic needs and those of his or her cohabiting partner and 
dependent child.
Eligibility
When benefits provided
2   A director may provide a person who is eligible under the Act and 
this Regulation
	(a)	a living allowance, a modified living allowance and a child 
benefit in accordance with section 6,
	(b)	a health benefit in accordance with section 7, and
	(c)	a personal benefit in accordance with section 8.
Asset and income eligibility
3(1)  Income is determined for the purposes of section 3(3)(c) of the 
Act in accordance with Schedule 1.
(2)  The value of assets is determined for the purposes of section 
3(3)(d) of the Act in accordance with Schedule 2.
Additional eligibility conditions
4(1)  For the purposes of section 3(3)(e) of the Act, the additional 
conditions a person must meet to be eligible to receive a benefit are set 
out in this section.
(2)  To be eligible to receive a benefit, a person must not
	(a)	receive a monthly pension under Part I of the Old Age 
Security Act (Canada),
	(b)	receive assistance under Part 2, Division 1 of the Income and 
Employment Supports Act, or
	(c)	subject to subsections (5) and (6), be a resident of an 
institution.
(3)  To be eligible to receive a health benefit under section 7(1)(b), 
including a health benefit received for the benefit of a cohabiting 
partner or dependent child, or a personal benefit under section 8(1)(b), 
a person must, if required by the Minister, agree to repay the benefit 
and to provide an assignment.  
(4)  To be eligible to receive a personal benefit under section 8(1)(a), a 
person must, if required by a director in appropriate circumstances, 
agree to repay the benefit and to provide an assignment.
(5)  A director may exempt a client from the requirement of subsection 
(2)(c) for 3 months if, in the director's opinion, the client will not be a 
resident of the institution more than 3 months.
(6)  If a client exempted under subsection (5) is a resident of an 
institution for more than 3 months, a director may provide a further 3 
month exemption if, in the director's opinion, the client will not be a 
resident of the institution for more than 6 months.
Refusal, etc. of eligible persons
5(1)  A director may refuse, vary, suspend or discontinue a benefit for 
which an applicant or client is eligible
	(a)	if, in the opinion of the director, the applicant or client or his 
or her cohabiting partner has
	(i)	failed to make use of or to claim income to which he or 
she is entitled,
	(ii)	failed to make use of or to claim the benefit of an asset 
to which he or she is entitled,
	(iii)	failed to provide information as required by section 5 of 
the Act or provided false or incomplete information, or
	(iv)	failed to comply with a request by the director to gather 
or verify information directly from a third party for the 
purposes of section 5 of the Act,
	(b)	if, in the opinion of the director, the applicant or client has
	(i)	refused to seek or accept or has terminated reasonable 
employment,
	(ii)	failed to request a benefit under the Canada Pension 
Plan (Canada) or under Part 1 of the Old Age Security 
Act (Canada) or to assign payment of that benefit in an 
amount equivalent to the living allowance or modified 
living allowance to the Minister,
	(iii)	failed to make use of appropriate training or 
rehabilitative measures,
	(iv)	failed to comply with a referral made by the director,
	(v)	used benefits for a purpose for which they were not 
intended, or
	(vi)	has temporarily left Alberta,
		or
	(c)	if the applicant or client is a sponsored immigrant under a 
sponsorship agreement pursuant to the Immigration and 
Refugee Protection Act (Canada) and, in the opinion of the 
director, the sponsor or co-signer is capable of providing 
adequate or appropriate support.
(2)  A director may refuse, vary, suspend or discontinue a personal 
benefit if the applicant or client failed to comply with a reasonable 
request of the director to provide a consent to pay the applicant or 
client's personal benefit to a third party.
Benefits
Living allowance, modified living allowance, child benefit
6(1)  If an applicant or client resides in a facility, a modified living 
allowance may be paid monthly in the sum of
	(a)	$315, and
	(b)	in accordance with subsection (2), the accommodation charge 
set in section 3(1) of the Nursing Homes Operation 
Regulation (AR 258/85).
(2)  The applicable accommodation charge is the private room rate 
unless the facility is funded under the Lodge Assistance program, then 
the applicable accommodation charge is the standard room rate.
(3)  If an applicant or client does not reside in a facility, a living 
allowance of $1050 may be paid monthly.
(4)  A child benefit in the amount of $100 may be paid to one applicant 
or client per household per dependent child. 
(5)  The following must be deducted from a benefit paid under this 
section:
	(a)	if the client resides in a group home owned and operated by 
the Government of Alberta that is designated by the Minister, 
the amount payable by the person for residence in that group 
home;
	(b)	the client's income as determined in accordance with 
Schedule 1;
	(c)	if the client's cohabiting partner is not a client, the cohabiting 
partner's income as determined in accordance with Schedule 
1.
Health benefit
7(1)  Subject to subsection (2), a health benefit may be provided for a 
drug, an essential diabetic supply, ambulance service, an optical and 
dental good or service, or other similar good or service  
	(a)	as provided under a health benefit card issued by the 
Minister, or
	(b)	that is approved by the Minister.
(2)  A health benefit must not be provided to or for the benefit of a 
person who is eligible to receive the same or similar benefit, equal to a 
benefit under subsection (1)(a), from another program or source.
(3)  When a benefit available from another program or source is not 
equal to a health benefit under subsection (1)(a), a health benefit may 
be provided, as the payor of last resort, for the difference.
(4)  Benefits available to a person under an employee health benefit 
plan are subject to subsection (2) unless, in a director's opinion, it is 
reasonable for the person not to participate in the plan.
(5)  A health benefit must not be provided for the benefit of a 
cohabiting partner or dependent child who is not a Canadian citizen 
unless the cohabiting partner or dependent child is legally resident in 
Alberta under the Immigration and Refugee Protection Act (Canada) 
and is
	(a)	a permanent resident or refugee who is not receiving 
financial assistance from the Government of Canada,
	(b)	a sponsored immigrant under a sponsorship agreement for 
whom the sponsor or co-signor are not providing, in a 
director's opinion, adequate or appropriate support, or
	(c)	a temporary resident permit holder approved for entry into 
Canada by the Alberta Immigration Review Panel. 
(6)  A health benefit must not be provided for the benefit of a 
cohabiting partner or dependent child who is a resident of an 
institution.
(7)  Despite subsection (6), if a director is of the opinion that the 
cohabiting partner or dependent child will not be a resident of the 
institution for more than 3 months, a health benefit may be provided.
(8)  If a director provided a health benefit to a cohabiting partner or 
dependent child under subsection (7), the director may provide a health 
benefit for a further 3 months if, in the director's opinion, the 
cohabiting partner or dependent child will not be a resident of the 
institution for more than 6 months.
Personal benefits
8(1)  A personal benefit may be provided
	(a)	in accordance with Schedule 3 when a director considers the 
benefit to be necessary, or
	(b)	as approved by the Minister when the Minister considers the 
benefit to be necessary.
(2)  A personal benefit must not be provided if the same or similar 
benefit is available from another program or source.
Review of Benefits
Overpayments
9(1)  For the purposes of section 7(1) of the Act, a director is not 
required to request repayment of a health benefit if, in the director's 
opinion, the client unknowingly received a benefit to which the client 
or his or her cohabiting partner or dependent child was not entitled.
(2)  To collect any debt due to the Government of Alberta, a director 
may deduct the following from the living allowance or modified living 
allowance payable to the client:
	(a)	if there is a repayment agreement, the amount consented to;
	(b)	if there is no repayment agreement, an amount that does not 
exceed 10% of the maximum living allowance or modified 
living allowance that is payable under this Regulation.
Underpayments
10(1)  If a director determines that a client was underpaid a benefit, 
the director must pay the outstanding amount to the client.
(2)  A director may deduct from an underpayment any amount owed 
by the client to the Government of Alberta.
Reporting to a director
11   An applicant or client must notify a director as soon as reasonably 
practicable of the following:
	(a)	a material change in income, assets or his or her handicap;
	(b)	the termination or commencement of employment by the 
applicant or client or his or her cohabiting partner;
	(c)	if longer than one month, the applicant's or client's or his or 
her dependent child's institutionalization, placement in a 
facility or absence from Alberta;
	(d)	the commencement or dissolution of a cohabiting partner 
relationship;
	(e)	a change in the number of his or her dependent children;
	(f)	a change in his or her address or contact information;
	(g)	any matter that could result in the revocation, refusal, 
variation or suspension of a benefit.
Financial Administrators
Appointments
12(1)  A director may appoint a financial administrator without the 
consent of a client when authorized by a committee established by the 
Minister.
(2)  The committee may authorize the appointment of a financial 
administrator if it determines that the client is not capable of managing 
his or her own affairs.
Duties
13(1)  A financial administrator has the same obligations under the 
Act and this Regulation as the client whose benefit he or she 
administers.
(2)  A financial administrator must
	(a)	maintain records of receipts and disbursements of the client's 
benefits, and
	(b)	as required by a director, provide any information the 
director considers necessary to determine if the financial 
administrator has been acting in the best interests of the 
client.
(3)  A financial administrator, who is an owner, officer or employee of 
the place of care in which the client resides, may not pay more for the 
client's residence and care than the amount considered reasonable by a 
director.
(4)  A financial administrator must provide the client, if available, a 
reasonable amount from the client's living allowance or modified 
living allowance for his or her personal use.
Revocation
14   The appointment of a financial administrator may be revoked
	(a)	by a director if, in the opinion of the director, 
	(i)	the financial administrator has not
	(A)	acted in the best interests of the client, or
	(B)	fulfilled his or her obligations and duties,
			or
	(ii)	the appointment is no longer necessary,
	(b)	by the client if the financial administrator was appointed by 
consent and the client provides written notice to a director, or
	(c)	by the financial administrator if he or she provides 30 days' 
written notice to a director.
General Matters
Repeal
15   The Assured Income for the Severely Handicapped Regulation 
(AR 203/99) is repealed.
Expiry
16   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 September 30, 2008.
Coming into force
17   This Regulation comes into force on the coming into force of the 
Assured Income for the Severely Handicapped Act, SA 2006 cA-45.1.
Schedule 1 
 
Determination of Income
Total Income
1(1)  The following constitute income that is included in a 
determination of income:
	(a)	income reportable under the Income Tax Act (Canada) that is 
not exempted under Table 1;
	(b)	tax-exempt employment, self-employment or pension income 
of a treaty Indian;
	(c)	the value of support, as determined by a director, received by 
a sponsored immigrant under an agreement under the 
Immigration and Refugee Protection Act (Canada); 
	(d)	trust income, as deemed by a director, payable to a 
beneficiary under a trust.
(2)  The following are deducted from the related income under 
subsection (1) in a determination of income:
	(a)	if the income is employment income, the deductions 
allowable under the Income Tax Act (Canada) for 
	(i)	income tax, 
	(ii)	Canada Pension Plan premiums, 
	(iii)	employment insurance premiums, 
	(iv)	union, professional and like dues, and 
	(v)	other employment expenses;
	(b)	if the income is self-employment income, limited or 
non-active partnership income or rental income, the 
deductions allowable under the Income Tax Act (Canada) for
	(i)	determining net income,
	(ii)	Canada Pension Plan contributions, and
	(iii)	union, professional and like dues;
	(c)	if the income is employment insurance income, income tax;
	(d)	if the income is tax-exempt employment or self-employment 
income of a treaty Indian, the deductions that would have 
been allowable under this subsection and under the Income 
Tax Act (Canada) had the income been taxable.
(3)  A director is not required to deduct any amount under subsection 
(2) that, in his or her opinion, would not be allowed under the Income 
Tax Act (Canada) or that artificially reduces net income. 
(4)  After the items in subsection (2) have been deducted, the following 
are deducted from income:
	(a)	subject to subsection (5), if the applicant or client does not 
have a cohabiting partner or a dependent child,
	(i)	the first $200 plus 25% of the remainder of the income 
that is listed in Table 2;
	(ii)	the first $400 plus 50% of the remainder up to a 
maximum of $700 of self-employment and employment 
income;
	(b)	subject to subsection (5), if the applicant or client has a 
cohabiting partner or a dependent child,
	(i)	the first $775 plus 25% of the remainder of 
	(A)	the income that is listed in Table 2, and
	(B)	the income of the cohabiting partner that is listed 
in Table 3,
			and
	(ii)	the first $975 plus 50% of the remainder up to a 
maximum of $1488 of self-employment or employment 
income.
(5)  For the purposes of subsection (4), cohabiting partners who are 
both applicants or clients are treated as if 
	(a)	they did not have a cohabiting partner, and 
	(b)	only one has, if any, a dependent child. 
(6)  The remainder of the income is then prorated or applied to a 
specific month in accordance with section 2 of this Schedule to 
determine income for the purposes of section 3(3)(c) of the Act and 
section 6(5) of this Regulation.
Monthly income
2(1)  Self-employment income is determined by taking the previous 
year's income and prorating it over 12 months.
(2)  Income, excluding self-employment income, is determined, in the 
sole discretion of a director, by one of the following methods:
	(a)	if income is reported monthly, based on the prior month's 
actual income;
	(b)	if income is reported other than monthly,
	(i)	based on actual monthly income of the prior reporting 
period,
	(ii)	based on the prior reporting period's actual income 
prorated over the number of months in that period, or
	(iii)	a combination of (i) and (ii).
(3)  Despite subsection (1), if, in a director's opinion, there is a 
significant change in the present year's self-employment income, the 
director may prorate the previous year's self-employment income over 
a different period.
(4)  Despite subsections (1) and (3), if, in a director's opinion, income 
is reported that relates to a different or longer period, the director may 
apply or prorate the income to that period.
Table 1 
100% Income Exemptions
1   The following income reportable under the Income Tax Act 
(Canada) is exempted from the determination of income: 
	(a)	honoraria;
	(b)	death benefits;
	(c)	income for the benefit of a dependent child under the 
following:
	(i)	a child support agreement;
	(ii)	the Universal Child Care Benefit program;
	(iii)	the Child, Youth and Family Enhancement Act;
	(iv)	the Child and Family Services Authorities Act;
	(d)	a benefit under the Act;
	(e)	a benefit under the Seniors Benefit Act if it is received by a 
cohabiting partner;
	(f)	RRSP withdrawals; 
	(g)	an award or prize given in recognition of outstanding 
academic or community achievement;
	(h)	a scholarship, bursary or other form of contribution used for 
educational purposes at a school or educational establishment 
recognized under the Income Tax Act (Canada);
	(i)	an education or training grant, an artist grant or a grant to 
start a business;
	(j)	money received for home repairs or renovations from the 
Government of Canada or Alberta or from a community 
service organization;
	(k)	income exempted by the Minister where
	(i)	an applicant or client or his or her cohabiting partner is 
residing in a facility, and
	(ii)	the Minister determines that the inclusion of the income 
would create a financial hardship.
Table 2 
Partial Income Exemptions
	(a)	limited or non-active partnership income; 
	(b)	rental income;
	(c)	trust income; 
	(d)	non-pension annuity income;
	(e)	investment income.
Table 3 
Special Income Exemptions for 
Cohabiting Partners
	(a)	pension income;
	(b)	income under the Workers' Compensation Act;
	(c)	income under the Employment Insurance Act (Canada);
	(d)	income, other than a death benefit, under the Canada 
Pension Plan (Canada).
Schedule 2 
 
Determination of Value of Assets
Market value
1(1)  Assets, excluding annuities, are valued at market value less any 
debt secured against that asset evidenced by a written agreement.
(2)  A written agreement under subsection (1) must require repayment 
of the debt at a rate of interest that, in the opinion of a director, was 
reasonable at the time the agreement was made.
(3)  An asset disposed of by a person to another person will be 
included in the determination of the value of the person's assets if, in a 
director's opinion, the asset was disposed of for less than fair market 
value to establish or maintain eligibility for a benefit.
(4)  A trust of which a person is a beneficiary may be deemed by a 
director to be an asset of that person. 
(5)  An annuity is valued at its present value as calculated by a director 
in accordance with generally accepted accounting practices.
(6)  A jointly or communally owned asset is equally owned by each 
owner unless a written document establishes the percentage of 
ownership of each owner.
Exempt assets
2(1)  In this section,
	(a)	"principal residence" means one home or the home quarter 
section of a farm, including the buildings on the quarter 
section in or on which an applicant or client
	(i)	ordinarily resides, or 
	(ii)	if he or she is residing in a facility or institution, his or 
her cohabiting partner or dependent child principally 
reside; 
	(b)	"vehicle" means a motor vehicle within the meaning of the 
Traffic Safety Act that is not used primarily as a recreational 
vehicle.
(2)  The following are not included in a determination of assets:
	(a)	one principal residence;
	(b)	one vehicle and one vehicle adapted to accommodate the 
handicap of the applicant or client or his or her cohabiting 
partner or dependent child;
	(c)	a locked-in retirement account;
	(d)	clothing and reasonable household items;
	(e)	a prepaid funeral;
	(f)	proceeds of sale from or an insurance settlement for an asset 
described in clause (a) or (b) reinvested in an asset described 
in clauses (a) to (e) within
	(i)	90 days, or
	(ii)	if a purchase is commenced within 90 days of the sale 
and the director consents, 180 days;
	(g)	an asset held by a trustee in a bankruptcy proceeding;
	(h)	a non-commutable annuity purchased on or before February 
1, 2002;
	(i)	a payment received from the Government of Canada or 
Alberta exempted by the Minister and any asset to the extent 
it was purchased with that payment;
	(j)	an asset exempted by a director if it is disposed of within the 
time specified by the director.
Schedule 3 
 
Personal Benefits
Amounts
1   The amounts payable as a benefit under this Schedule are set by the 
Minister.
Travel
2(1)  A travel benefit for travel expenses may be provided when
	(a)	a client or a client's dependent child has a health problem 
which, in the opinion of a director,
	(i)	requires regular access to insured health services in 
Alberta, and
	(ii)	is life-threatening or could be permanently debilitating 
unless the insured health services are provided,
	(b)	a client or a client's dependent child must travel outside his 
or her community
	(i)	to receive, on a non-emergency basis, insured health 
services in Alberta,
	(ii)	to appear in court if required by the Government of 
Canada or Alberta,
	(iii)	to comply with a court order, or
	(iv)	at the request of a director,
	(c)	a client or a client's dependent child must travel outside his 
or her community to receive addiction treatment in a 
residential addiction program approved by the Alberta 
Alcohol and Drug Abuse Commission, or
	(d)	a client requires access
	(i)	to a training or employment program that supports his 
or her efforts to obtain employment, or 
	(ii)	to a structured program.
(2)  A travel benefit may be paid for a person to accompany 
	(a)	a client if
	(i)	the person must, due to the client's medical condition, 
accompany the client, and
	(ii)	the travel benefit is payable under subsection (1)(a), (b) 
or (c),
		or
	(b)	a client's dependent child if
	(i)	the client, due to his or her medical condition, is unable 
to accompany the child,
	(ii)	the person must, due to the child's medical condition or 
age, accompany the child, and 
	(iii)	the travel benefit is payable under subsection (1)(a), (b) 
or (c).
Child care
3(1)  A child care benefit may be provided for subsidized child care in 
a daycare or licensed family day home or, if subsidized child care is 
not available or appropriate, for private child care for a client's 
dependent child.
(2)  The child care benefit may only be provided when no adult 
member of the household is able to care for the child due to
	(a)	employment,
	(b)	a medical condition,
	(c)	involvement with a training, employment or structured 
program, or
	(d)	attendance at an approved addictions treatment program.
(3)  Despite subsection (2), a child care benefit may be provided
	(a)	if a physician or a psychologist determines that it is in the 
best interests of the child, or
	(b)	when it is unreasonable to expect a child to accompany a 
client for travel under section 2(1)(b) and no other adult 
member of the household is available, for any reason, to 
provide child care.
Infant needs
4   An infant benefit may be provided for items required for the care of 
a client's infant child if the client or his or her cohabiting partner
	(a)	is at least 36 weeks pregnant or has given birth and the 
dependent child is not more than 6 months old, or
	(b)	has, within the last 6 months, adopted a dependent child who 
is less than 12 months old.
Children's education
5   An education benefit may be provided for a client's dependent 
child
	(a)	for fees and costs to attend school from pre-school to high 
school when the child is registered to attend, and 
	(b)	to establish a registered education savings plan for a client's 
dependent child under the Alberta Centennial Education 
Savings Plan Act if the child is eligible for a grant under that 
Act.
Employment and training supports
6   A training or employment benefit may be paid when a client is 
seeking employment, is applying for or participating in a training or 
employment program approved by a director or has a job offer
	(a)	for applications, deposits, registration or testing fees for the 
training or employment program, and
	(b)	for tools, goods, services or any other matter that enhances a 
client's employability.
Addictions treatment
7   An addiction treatment benefit may be paid for room and board 
when a client or his or her dependent child receives necessary 
addiction treatment in a residential addiction program approved by the 
Alberta Alcohol and Drug Abuse Commission.
Special goods and services
8(1)  A special goods and services benefit may be paid when a client 
requires
	(a)	medical supplies or equipment, including maintenance of that 
equipment, essential to manage his or her condition,
	(b)	a special diet or supplement,
	(c)	specialized clothing,
	(d)	a service animal if certified by a training organization 
approved by a director, or
	(e)	a medical alert service.
(2)  A special goods and services benefit under clause (a) or (b) may 
also be paid when required by a client's dependent child.
Moving benefit
9(1)  A moving benefit may be paid for costs related to the 
establishment by a client of a new principal residence.
(2)  Despite (1), a moving benefit may only be paid for the 
transportation of household items when a move to a new principal 
residence is essential for any of the following reasons:
	(a)	the client or the client's cohabiting partner has accepted 
confirmed full time employment in Canada that assures the 
client's reasonable future financial independence;
	(b)	the client is required to move to accommodation that is 
adapted to the client's or client's dependent child's particular 
disability;
	(c)	the current accommodation is endangering the health or 
safety of the client or client's dependent child;
	(d)	to escape a situation in which the client or client's dependent 
child is being abused;
	(e)	the client is moving to another province for financial or 
social support.
Remote community benefit
10   A remote community benefit may be provided for a client's 
increased costs to maintain a principal residence in a permanent 
community without all-season road access.
Emergency
11   An emergency benefit may be paid for reasonable and essential 
goods or services required on an emergency basis when, in the opinion 
of a director, the client or the client's dependent child is in a situation 
that presents a serious health or safety risk due to circumstances 
beyond the client's control.
Funeral
12(1)  A funeral benefit may be paid to the funeral provider for funeral 
expenses when a client or a client's cohabiting partner or dependent 
child dies or is buried or cremated in Alberta if the client and his or her 
cohabiting partner's financial resources are inadequate and there are no 
other means to pay.
(2)  Despite subsection (1), when a client or a client's cohabiting 
partner or dependent child is buried or cremated outside of Alberta, a 
funeral benefit may only be paid for transferring the remains within 
Canada for burial or cremation.


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Alberta Regulation 92/2007
Marketing of Agricultural Products Act
ALBERTA MILK MARKETING AMENDMENT REGULATION
Filed: April 24, 2007
For information only:   Made by Alberta Milk on April 17, 2007 pursuant to sections 
26 and 27 of the Marketing of Agricultural Products Act.
1   The Alberta Milk Marketing Regulation (AR 151/2002) is 
amended by this Regulation.

2   Section 10(2)(b) is amended by striking out "$0.02" and 
substituting "$0.05".

3   This Regulation comes into force on May 1, 2007.


--------------------------------
Alberta Regulation 93/2007
Historical Resources Act
ARCHAEOLOGICAL AND PALAEONTOLOGICAL RESEARCH 
PERMIT AMENDMENT REGULATION
Filed: April 27, 2007
For information only:   Made by the Minister of Tourism, Parks, Recreation and 
Culture (M.O. 22/07) on April 27, 2007 pursuant to section 6(2)(d) of the Historical 
Resources Act. 
1   The Archaeological and Palaeontological Research 
Permit Regulation (AR 254/2002) is amended by this 
Regulation.

2   Section 19 is amended by striking out "April 30, 2007" and 
substituting "October 31, 2008".



THE ALBERTA GAZETTE, PART II, MAY 15, 2007