The Transitional Employment Allowance Regulations

Transcription

1 1 The Transitional Employment Allowance Regulations Repealed by Chapter S-8 Reg 6 (effective May 6, 2005). Formerly Chapter S-8 Reg 5 (effective February 3, 2003) as amended by Saskatchewan Regulations 118/2003 and 116/2004. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents 1 Title 2 Interpretation 3 Program established 4 Eligibility for allowance 5 Eligibility of applicant 6 Eligible family members 7 Duration of allowance category A clients 8 Duration of allowance category B clients 9 Duration of allowance family members 10 Application 11 Confirmation of application, consent 12 Effect of eligibility on payment of assistance 13 Amount of transitional employment allowance 14 Allowances for general living expenses 15 Allowances for special requirements 16 Payment of allowance 17 Lost, stolen or forged cheques 18 Report of changes 19 Reassessment 20 Termination 21 Notice of change in amount, termination 22 Appeal 23 Further appeal 24 Coming into force

3 3 CHAPTER The Saskatchewan Assistance Act Title 1 These regulations may be cited as The Transitional Employment Allowance Regulations. Interpretation 2(1) In these regulations: (a) applicant means an individual who applies for a transitional employment allowance; (b) category A client means an individual whose eligibility for a transitional employment allowance is determined pursuant to subsection 5(2); (c) category B client means an individual whose eligibility for a transitional employment allowance is determined pursuant to subsection 5(3); (d) client means an individual who has been determined to be eligible for a transitional employment allowance; (e) eligible family member means, in relation to an applicant or a client, a member of the family unit of the applicant or client who is determined pursuant to section 6 to be an eligible family member; (f) SAP regulations means The Saskatchewan Assistance Regulations, being Saskatchewan Regulations 78/66; (g) self-sufficient means not eligible to receive assistance pursuant to the SAP regulations; (h) transitional employment allowance means a transitional employment allowance described in section 13. (2) Unless otherwise provided, terms used in these regulations that are defined in the SAP regulations have the meanings given to them in those regulations. 7 Feb 2003 cs-8 Reg 5 s2. Program established 3 The Transitional Employment Allowance Program is established to provide a transitional employment allowance to persons in need who are participating in certain pre-employment programs or who have a reasonable expectation of becoming self-sufficient within a short period of time. 7 Feb 2003 cs-8 Reg 5 s3.

4 4 Eligibility for allowance 4 A transitional employment allowance may be paid to an applicant who is determined to be eligible pursuant to section 5, with respect to: (a) the amounts of any allowances for general living expenses for which the applicant and any eligible family members of the applicant may be eligible pursuant to section 14; and (b) the amounts of any allowances for special requirements for which the applicant and any eligible family members of the applicant may be eligible pursuant to section Feb 2003 cs-8 Reg 5 s4. Eligibility of applicant 5(1) To be eligible for a transitional employment allowance, an applicant: (a) must be a Saskatchewan resident; (b) must not be receiving assistance pursuant to the SAP regulations, a training allowance pursuant to The Training Allowance Regulations or other similar benefits; and (c) must be eligible to receive assistance pursuant to the SAP regulations. (2) To qualify as a category A client, an applicant: (a) must be determined by a unit administrator: (i) to be available for employment; and (ii) to have a reasonable expectation of becoming self-sufficient by obtaining employment within three calendar months after the month of the application; and (b) must be participating in a pre-employment program approved by a unit administrator. (3) To qualify as a category B client, an applicant must establish, to the satisfaction of a unit administrator, that he or she has a reasonable expectation of becoming self-sufficient within three calendar months after the month of the application. 7 Feb 2003 cs-8 Reg 5 s5. Eligible family members 6 Eligible family members are the members of an individual s family unit who would be dependants of the individual if the individual were a recipient of assistance pursuant to the SAP regulations. 7 Feb 2003 cs-8 Reg 5 s6.

5 5 Duration of allowance category A clients 7(1) Subject to subsections (2) and (3), a category A client is eligible to receive a transitional employment allowance commencing on the date of the client s application and ending on the last day of the third calendar month following the month of application unless, before the expiry of that period: (a) the client becomes self-sufficient; (b) the client discontinues participation in a pre-employment program; or (c) the client s entitlement to receive payments is terminated pursuant to section 20. (2) Subject to subsection (3), if a category A client receives a confirmed offer of employment that will lead to the client becoming self-sufficient before the client s eligibility to receive a transitional employment allowance expires pursuant to subsection (1) and the client notifies the unit administrator of that offer of employment either by telephone or in writing, the client continues to be eligible to receive a transitional employment allowance until the earlier of: (a) the expiry of one month after the day on which the client s eligibility ends pursuant to subsection (1); and (b) the day on which the client becomes self-sufficient. (3) In order to be eligible to continue to receive a transitional employment allowance pursuant to subsection (2), the category A client must: (a) notify a unit administrator of the offer of employment pursuant to subsection (2) before the client s eligibility to receive the transitional employment allowance ends pursuant to subsection (1); and (b) satisfy the unit administrator that the offer of employment is confirmed by the person making the offer. 7 Feb 2003 cs-8 Reg 5 s7. Duration of allowance category B clients 8 A category B client is eligible to receive a transitional employment allowance commencing on the date of the client s application and ending on the last day of the third calendar month following the month of application unless, before the expiry of that period: (a) the client becomes self-sufficient; or (b) the client s entitlement to receive payments is terminated pursuant to section Feb 2003 cs-8 Reg 5 s8.

6 6 Duration of allowance family members 9 A client is eligible to receive a transitional employment allowance with respect to a member of a client s family unit while: (a) (b) the client continues to be eligible pursuant to section 7 or 8; and the family member continues to be an eligible family member. 7 Feb 2003 cs-8 Reg 5 s9. Application 10(1) An applicant who wishes to obtain a transitional employment allowance must apply to the department and: (a) provide the information requested by a unit administrator that is necessary to establish: (i) the eligibility of the applicant and members of the applicant s family unit to receive a transitional employment allowance; and (ii) the types of allowances for general living expenses and special requirements to which the applicant and members of the applicant s family unit may be entitled; and (b) provide the health services numbers and social insurance numbers of the applicant and the applicant s spouse, if any, and give consent to their use to verify the eligibility of the applicant. (2) An applicant may apply: (a) (b) by telephone; or in writing using a form supplied by the department. 7 Feb 2003 cs-8 Reg 5 s10. Confirmation of application, consent 11(1) If an application is made, the applicant and the applicant s spouse, if any, must confirm the application in person by: (a) meeting with a representative of the department; (b) reviewing the information supplied by the applicant as set out in a form prepared by the department; (c) correcting any errors in the information mentioned in clause (b); and (d) making a declaration respecting the correctness of the information before a commissioner for oaths. (2) If an applicant fails to confirm an application within 14 days after making the application, the application is discontinued and will not be processed. (3) The form mentioned in subsection (1) must include: (a) a declaration that the applicant and the applicant s spouse, if any, are aware of the obligation to report any changes in circumstances that affect the eligibility of the client to receive a transitional employment allowance or the amount of the transitional employment allowance to which the client is entitled; and

7 7 (b) the consent of the applicant and the applicant s spouse, if any, to the disclosure to the department of personal information with respect to the family unit in the records of government departments and agencies and other bodies for the purpose of determining the eligibility of the family unit to receive a transitional employment allowance or to continue receiving a transitional employment allowance and the amount of the transitional employment allowance to which the family unit may be entitled. 7 Feb 2003 cs-8 Reg 5 s11. Effect of eligibility on payment of assistance 12 Assistance pursuant to the SAP regulations will not be paid to a client with respect to the period for which the client is eligible, pursuant to section 7 or 8, to receive a transitional employment allowance. 7 Feb 2003 cs-8 Reg 5 s12. Amount of transitional employment allowance 13(1) Subject to subsection (2), the amount of a transitional employment allowance that may be paid to a client is the total of: (a) the amounts of all allowances for general living expenses for which the client is determined to be eligible in accordance with section 14; and (b) the amounts of all allowances for special requirements for which the client is determined to be eligible in accordance with section 15. (2) The amount of a transitional employment allowance that may be paid to a client for a month is to be reduced by the amount of any income, as defined in section 15, that is received by the client or client s spouse in the previous month. 7 Feb 2003 cs-8 Reg 5 s13. Allowances for general living expenses 14(1) A general living allowance with respect to the costs of accommodation, food, clothing, household, personal needs and incidental expenses that are essential to minimum living requirements may be provided to a client who lives in accommodation for which the client pays an amount that does not include the provision of food. (2) A board and room general living allowance with respect to the costs of accommodation, food, clothing, personal needs and incidental expenses that are essential to minimum living requirements may be provided to a client who lives in accommodation for which the client pays an amount that includes the provision of food. (3) A personal living allowance with respect to the costs of clothing, personal needs and incidental expenses that are essential to minimum living requirements may be provided to a client who lives in accommodation in which the client receives accommodation and food without payment or with only a token payment.

8 8 (4) The amounts of the allowances described in subsections (1) to (3) are to be determined in accordance with a schedule of rates established by the minister in accordance with subsection (5). (5) For the allowances described in subsections (1) to (3), the minister may establish rates that vary in accordance with: (a) the number of adults in a client s family unit who are eligible family members; (b) the number of children in a client s family unit who are eligible family members; (c) the locality in which the client s accommodation is situated; (d) the date of a client s application for a transitional employment allowance. (6) A utilities allowance may be provided to a client who is eligible for a general living allowance pursuant to subsection (1) if the client pays for any of the following utilities: (a) telephone; (b) electricity; (c) home heating; (d) sewer and water. (6.1) A utilities allowance with respect to a telephone utility may be provided to a client who is eligible for a board and room general living allowance pursuant to subsection (2) if the client pays for the telephone utility. (7) The amount of a utilities allowance mentioned in subsection (6) or (6.1) is to be determined in accordance with a schedule of rates established by the minister in accordance with subsection (8). (8) For the purposes of subsection (7), the minister may establish rates that vary in accordance with the following: (a) the number and type of utilities that a client pays for; (b) the number of persons with respect to whom the general basic needs allowance is being provided; (c) the locality in which the client s accommodation is situated. (9) Notwithstanding any other provision of this section, if a client establishes his or her eligibility for an allowance pursuant to subsection (1), the allowance to which the client is entitled is to be calculated in accordance with the following rules: (a) subject to clauses (b) and (c), the allowance is to be calculated from the date of his or her application; (b) if the allowance is applied for after the start of a month and the client has paid his or her accommodation costs for that month before making the application, the allowance for the first month must be prorated based on the number of days in the month for which the client is eligible to receive the allowance;

9 9 (c) if the allowance is applied for after the start of a month and the client has not paid his or her accommodation costs for that month before making the application, the allowance for the first month must be reduced by an amount, as set out in the schedule of rates established by the minister, for each day in the month before the client applied for the allowance. (10) Notwithstanding any other provision of this section, if a client becomes eligible for an allowance pursuant to subsection (2) or (3), the allowance to which the client is entitled is to be calculated in accordance with the following rules: (a) subject to clause (b), the allowance is to be calculated from the date of his or her application; (b) if the allowance is applied for after the start of a month, the allowance for the first month must be prorated based on the number of days in the month for which the client is eligible to receive the allowance. (11) Notwithstanding any other provision of this section, if a client becomes eligible for an allowance pursuant to subsection (6) or (6.1), the allowance to which the client is entitled is to be calculated in accordance with the following rules: (a) subject to clauses (b) and (c), the allowance is to be calculated from the date of his or her application; (b) if the allowance is applied for after the start of a month and the client has paid his or her utility costs for that month before making the application, no allowance for the first month is payable to the client; (c) if the allowance is applied for after the start of a month and the client has not paid his or her utility costs for that month before making the application, the allowance for the first month is the amount for the month as set out in the schedule of rates established by the minister. (12) For the purposes of subsections (9) to (11), the number of days in a complete month is deemed to be Feb 2003 cs-8 Reg 5 s14; 17 Oct 2003 SR 118/ 2003 s3; 17 Dec 2004 SR 116/2004 s2. Allowances for special requirements 15(1) In this section: (a) child care costs means any child care expenditures that, in the opinion of a unit administrator, are necessary to enable an individual to accept employment or to participate in a pre-employment program; (b) employment-related costs means any employment-related expenditures, including travel costs but not including child care costs, that, in the opinion of a unit administrator, are necessary to enable an individual to accept employment or to participate in a pre-employment program;

10 10 (c) income means the net amount of moneys due to an individual from all sources other than: (i) the Saskatchewan Child Benefit, as defined in The Child Benefit Regulations, 2001; (ii) the SES benefit, as defined in The Employment Supplement Regulations; (iii) a benefit adjustment within the meaning of The Benefit Adjustment Regulations; (iv) a payment by the minister pursuant to The Child and Family Services Act or by an agency with which the minister has entered into an agreement pursuant to section 61 of that Act; (v) a payment made by the minister with respect to a young person committed to open custody in a place or facility of open custody within the meaning of the Young Offenders Act (Canada); (vi) a payment made by the Department of Indian Affairs and Northern Development (Canada) for the foster care of children; (vii) the Canada Child Tax Benefit, within the meaning of the Income Tax Act (Canada); (viii) a refund of the goods and services tax credit within the meaning of the Income Tax Act (Canada); (ix) a refund of the Saskatchewan sales tax credit within the meaning of section 39 of The Income Tax Act, (2) If, in the opinion of a unit administrator, it is unlikely that an individual would be able to participate in a pre-employment program or to accept employment without additional assistance, a unit administrator may approve payments of allowances not exceeding amounts determined by the minister: (a) with respect to employment-related costs of: (i) a client; and (ii) a client s spouse, if the spouse is an eligible family member; and (b) subject to subsections (3) and (4), with respect to child care costs for each half day or full day in which a client incurs child care costs and participates in a pre-employment program or works while remaining eligible for a transitional employment allowance. (3) Subject to subsection (4), in the case of a client with a spouse, an allowance with respect to child care costs pursuant to clause (2)(b) is to be paid only if the client and the spouse: (a) are both clients; or (b) are both engaged in a pre-employment program or in any other program or activity that, in the opinion of a unit administrator, is designed to lead to self-sufficiency.

11 11 (4) If the unit administrator considers that a client is in need of assistance for child care costs, the unit administrator may authorize the client to receive an allowance for child care costs pursuant to clause (2)(b) notwithstanding the fact that any spouse of the client is not also a client. (5) In addition to any other allowances that may be provided to a client, a northern food allowance may be provided to a client who resides north of the fifty-fourth parallel of latitude, in the Northern Village of Cumberland House or in the communities of Pemmican Portage or Barthel. (6) The amount of a northern food allowance that may be provided to a client is a monthly amount determined by the minister that may be paid with respect to the client and each eligible family member. 7 Feb 2003 cs-8 Reg 5 s15; 17 Oct 2003 SR 118/ 2003 s4. Payment of allowance 16(1) The payment of a transitional employment allowance may be made to a client by cheque, by direct deposit to an account of the client with a financial institution or by direct arrangement for goods or services. (2) Repealed. 17 Oct 2003 SR 118/2003 s5. (3) After the first payment, a transitional employment allowance may be paid twice monthly or monthly while the client remains eligible. (4) A written statement of transitional employment allowance payments will be provided to a client. 7 Feb 2003 cs-8 Reg 5 s16; 17 Oct 2003 SR 118/ 2003 s5. Lost, stolen or forged cheques 17(1) A client may apply to a unit administrator for a cheque to replace a cheque payable to the client for a transitional employment allowance: (a) that the client alleges has been lost or stolen; or (b) on which the client alleges his or her signature has been forged. (2) A client who applies for a replacement cheque must make a statutory declaration in support of the application, setting out all relevant facts relating to the loss or theft of the cheque or the forgery of the client s signature that the unit administrator requests the client to set out. (3) This section must not be construed as providing expressly or by implication that a replacement cheque will be provided to a client who applies for a replacement cheque, and no replacement cheque is to be provided to a client unless the unit administrator is satisfied that it is appropriate to do so. 7 Feb 2003 cs-8 Reg 5 s17.

12 12 Report of changes 18(1) A category A client must submit a report with respect to the following to the department before the end of each month: (a) (b) (c) any changes in the composition of the client s family unit; the client s ceasing to participate in a pre-employment program; any changes in: (i) the income of the client or the client s spouse; (ii) the place of residence or mailing address of the client; (iii) the amounts of utilities payments of the client; or (iv) the amounts of the client s payments for accommodation or for board and room. (2) A monthly report pursuant to subsection (1) must be made by telephone or in writing on a form supplied by the department. (3) A category B client must report, by telephone or in writing, any changes in circumstances that affect the eligibility of the client to receive the transitional employment allowance or the amount of the transitional employment allowance to which the client may be entitled as soon as is reasonably practicable after the changes occur. 7 Feb 2003 cs-8 Reg 5 s18. Reassessment 19 A unit administrator must reassess the amount of a transitional employment allowance to be paid to a client if changes in circumstances affect the amount of the transitional employment allowance to which the client is entitled. 7 Feb 2003 cs-8 Reg 5 s19. Termination 20(1) A unit administrator must terminate the payment of a transitional employment allowance to a category A client if: (a) the client fails to submit a monthly report in accordance with subsection 18(1); (b) changes in circumstances affect the eligibility of the client to receive a transitional employment allowance; (c) the department determines that the client is not able to participate in a pre-employment program; or (d) the client fails to participate in a pre-employment program. (2) A unit administrator must terminate the payment of a transitional employment allowance to a category B client if the client fails to submit a report in accordance with subsection 18(3). 7 Feb 2003 cs-8 Reg 5 s20.

13 13 Notice of change in amount, termination 21 If the amount of a client s transitional employment allowance is changed as a result of a reassessment pursuant to section 19 or a client s entitlement to receive a transitional employment allowance is terminated pursuant to section 20, written notice of the change or the termination is to be given to the client by the department. 7 Feb 2003 cs-8 Reg 5 s21. Appeal 22(1) A client may appeal a written decision of a unit administrator with respect only to the following matters: (a) assessment of eligibility; (b) assessment of the amount of a transitional employment allowance; (c) termination of entitlement to receive a transitional employment allowance; (d) assessment of an overpayment. (2) An appeal of a decision mentioned in clauses (1)(a) to (c) may be made to an appeal committee established by the minister pursuant to subsection 10(1) of The Department of Social Services Act. (3) Section 41 of the SAP regulations applies, with any necessary modification, to an appeal pursuant to subsection (2). (4) A client may appeal a written decision of a unit administrator respecting the assessment of an overpayment in accordance with The Saskatchewan Assistance Act. 7 Feb 2003 cs-8 Reg 5 s22. Further appeal 23(1) A client or a unit administrator may appeal a decision of the appeal committee to the Social Services Appeal Board established pursuant to section 10 of The Department of Social Services Act. (2) Section 43 of the SAP regulations applies, with any necessary modification, to an appeal pursuant to subsection (1). 7 Feb 2003 cs-8 Reg 5 s23. Coming into force 24(1) Subject to subsection (2), these regulations come into force on February 3, (2) If these regulations are filed with the Registrar of Regulations after February 3, 2003, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 7 Feb 2003 cs-8 Reg 5 s24.

14 14 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2004