BERMUDA FINANCIAL ASSISTANCE AMENDMENT REGULATIONS 2011 BR 17 / 2011

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1 QUO FA T A F U E R N T BERMUDA BR 17 / 2011 TABLE OF CONTENTS Citation Amends regulation 2 Amends regulation 3 Amends regulation 3A Amends regulation 4 Inserts regulation 4A Replaces Schedule Commencement and transitional In exercise of the powers conferred upon the Minister responsible for financial assistance by section 21 of the Financial Assistance Act 2001, the following Regulations are hereby made: Citation 1 These Regulations, which amend the Financial Assistance Regulations 2004 ( the principal Regulations ) may be cited as the Financial Assistance Amendment Regulations Amends regulation 2 2 In regulation 2(1) of the principal Regulations (interpretation) after the definition of allowable expense insert assets means any interest in real property; and 1

2 (c) any interest in valuable personal property (including, but not limited to, jewellery, art, motor vehicles, boats, inventory or machinery), if the Director determines that it is reasonable for a person to sell the property in order to meet his financial needs; ; in paragraph of the definition of excluded income, after other benefits insert to an amount not exceeding $500 per calendar ; at the end insert qualifying income, in relation to a person, means his aggregate income from all sources (including profits from any business venture) other than excluded income. Amends regulation 3 3 Regulation 3 of the principal Regulations (criteria for eligibility for awards) is amended as follows (c) (d) at the end of paragraph (1), insert and ; in paragraph (1) (i) (ii) after investments insert and assets ; delete $5000 and substitute $500 ; delete paragraph (1)(c) and the word and immediately preceding it; in paragraph (3) delete the words from real property to household and substitute any interest in real property. Amends regulation 3A 4 In regulation 3A of the principal Regulations (special category persons), delete paragraph (2) and substitute (2) A person mentioned in paragraph (1) is eligible for an award if in respect of any period for which he is claiming financial assistance the amount of his allowable expenses exceeds his qualifying income for that period; and the value of investments and assets owned by the person (whether located in Bermuda or elsewhere) does not exceed (i) (ii) $5000, in the case of a person who is 65 years or over; or $500, in any other case. Amends regulation 4 5 In regulation 4(2) of the principal Regulations (application for award to include authorisation to contact landlord, bank, employer etc), after employer insert, medical, dental or other healthcare practitioner or treatment facility provider. 2

3 Inserts regulation 4A 6 After regulation 4 of the principal Regulations insert Requirements before award may commence 4A (1) Payment of an award of financial assistance shall not commence until the applicant has been living in Bermuda for at least one year. (2) If an application is made due to the termination of an applicant s employment, payment of an award of financial assistance shall not commence until three s after the date of termination. (3) In paragraph (2), termination of an applicant s employment means termination for cause; or resignation, but does not include termination due to circumstances which are the basis of a complaint brought by the applicant under the Human Rights Act (4) If an application is made due to the termination of an applicant s employment for reasons of redundancy, and the applicant receives a redundancy payment, payment of an award of financial assistance shall not commence until the end of the period which is determined by the Director as a reasonable period for him to meet all of his financial needs from that redundancy payment. Replaces Schedule 7 The Schedule to the principal Regulations is revoked and replaced by the Schedule to these Regulations. Commencement and transitional 8 (1) These Regulations come into operation on 1 April (2) For the avoidance of doubt, the effect of paragraph (1) is that any assessment or reassessment of an applicant or recipient made on or after 1 April 2011 for an award of financial assistance shall be determined in accordance with the principal Regulations as amended by these Regulations. (3) Where, immediately before 1 April 2011, a person of the age of 65 years or over is in receipt of financial assistance, the award may, at the discretion of the Director, continue for a maximum period of one year after that date, even if that person is not eligible under the principal Regulations as amended by these Regulations. 3

4 SCHEDULE (regulation 7) SCHEDULE TABLE OF ALLOWABLE EXPENSES ITEM OF DESCRIPTION PARAMETERS Maximum EXPENDITURE Rates $ Adult day care Cost per 1,500 Adult day care Auditory exam At cost Auditory equipment At cost Belco 1-2 persons Cost per 150 Belco 3-4 persons Cost per 250 Belco 5 or more persons Cost per 350 Belco Childcare Childcare Utility payment After school/ camps/ transportation Chiropody See Podiatrist Cost per not exceeding government, plus transportation at cost Clothing as needed Per person per year Dental care At cost 500 Disability allowance Mental/physical Cost per 650 Disability equipment/ Cost 1,000 services Eye care Eye care - exam Cost 100 4

5 Eye care Eye care frames/ Cost 350 lenses Food exceeding Government nutritionist Food Supplementary exceeding Government nutritionist Fuel Cooking gas exceeding the rate for one cylinder Fuel Cooking gas exceeding the rate for one cylinder Funeral expenses Cost 4,000 FutureCare At cost per FutureCare Group home To be determined by Department Group home Hearing aids At cost HIP At cost per HIP Not exceeding one Home care Cost per 2,000 Home furnishings Essentials (special needs) Cost per year 500 5

6 Laundry Cost per 80 person per Medical insurance exceeding HIP/ FutureCare Medical insurance at HIP/ FutureCare Medical supplies Cost per 500 Medical equipment Cost per 1,000 Medical overseas travel At cost (client only) Medication At cost per Medication Nursing home Cost per 5,000 Nursing home Podiatry Cost per year 500 Public transportation Adults Cost per based on PTB Rent Studio Cost per 1,400 Rent 1 bedroom Cost per 1,800 Rent 2 bedroom Cost per 2,200 Rent 3 bedroom Cost per 2,800 Rent Rest home Cost per 4,000 6

7 Rest home Room and board Cost per 800 Room and board Room Cost per 700 Room School supplies Cost per child 100 per academic year School clothing Cost per child 1,000 per academic year Telephone Local calls Cost per 50 Telephone Local calls Water supply At cost Water supply exceeding two loads Made this 28th day of March 2011 Acting Minister of Youth, Families, Sports and Community Development 7