Acts and Regulations

2022-25 - Family Income Security Act

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NEW BRUNSWICK
REGULATION 2022-25
under the
Family Income Security Act
(O.C. 2022-99)
Filed May 2, 2022
1Section 2 of New Brunswick Regulation 95-61 under the Family Income Security Act is amended
(a) in subsection (1)
(i) by repealing the following definitions:
“long term needs”;
“single parent”;
“social assessment”;
(ii) in the definition “blind” by striking out “subsection 4(5)” and substituting “subsection 4(13)”;
(iii) in paragraph (b) of the definition “dependent” by striking out “nineteen years of age” and substituting “21 years of age”;
(iv) in the definition “disabled” by striking out “subsection 4(5)” and substituting “subsection 4(13)”;
(v) by adding the following definitions in alphabetical order: 
“determined social needs” means needs related to one or more challenges with respect to education, health, housing or social integration that present a long-lasting and significant barrier to employment, as determined by the Minister;(besoins sociaux déterminés)
“long-term health needs” means needs related to one or more significant physiological, anatomical or psychological impairments that render a person unable to engage in social or economic activities for a prolonged period of time and that lead to prolonged unemployment;(besoins à long terme en matière de santé)
(b) in subsection (2) by repealing the definition “unit” and substituting the following: 
“unit” means a person or persons referred to in subsection 4(1).(unité)
2Section 3 of the Regulation is amended by adding after subsection (4) the following:
3(4.1)The unit head and their spouse, if any, shall sign the form or forms referred to in subsection (1).
3(4.2)Each applicant shall satisfy the Minister that all persons in the unit have exhausted, to the best of their ability, every other support available to them.
3Section 4 of the Regulation is repealed and the following is substituted: 
4(1)Subject to subsections (5) to (10), the following persons constitute a unit:
(a) the unit head;
(b) the dependents of the unit head;
(c) a person who is under 21 years of age and for whom the spouse of the unit head has responsibility; and
(d) a person who is 21 years of age or over and lives in the parental home with their parent or parents, if the parent or parents have an income that is at or above the poverty line established by the Minister based on the Market Basket Measure thresholds for the Province.
4(2)On receiving an application for assistance, the Minister shall determine the eligibility of all persons in the unit to which the application relates by considering assets and income, using the budget deficit method.
4(3)The Minister shall provide to a person in need a basic needs allowance in accordance with section 16.
4(4)In the Minister’s discretion, the Minister may waive or modify the requirements imposed by subsection (2) or (11).
4(5)The following persons who live in the parental home with their parent or parents each constitute a unit separate from others they live with, with the exception of their dependents: 
(a) a person who is 18 years of age or over and
(i) meets the criteria for the Extended Benefits Program,
(ii) has long-term health needs, or
(iii) has determined social needs;
(b) a person who is 21 years of age or over and whose parent or parents have an income that is below the poverty line established by the Minister based on the Market Basket Measure thresholds for the Province;
(c) a person who has a child or children; and
(d) a person
(i) who is not and does not become a recipient,
(ii) who is not legally required to attend school,
(iii) who is earning an annual gross income not exceeding $20,000 annually, and
(iv) whose parent or parents are recipients.
4(6)If a person constitutes a separate unit under paragraph (5)(d),
(a) $125 shall be deducted from each monthly payment of assistance to the parent or parents, and
(b) the $125 deducted under paragraph (a) shall not be excluded from the calculations of available resources with respect to the parent or parents under paragraph 8(2)(e.03).
4(7)Two or more persons may constitute separate units in relation to the same parent or parents under paragraph (5)(d), in which case paragraphs (6)(a) and (b) apply in relation to each person.
4(8)A person who has been the victim of violence committed by an individual who was previously, but who is no longer, living with them constitutes a unit separate from others they live with, with the exception of their dependents, for a period not exceeding nine months.
4(9)If both a person and their spouse meet the criteria for the Extended Benefits Program, the person constitutes a unit separate from their spouse.
4(10)A person who is 65 years of age or over and their spouse, if any, constitute a unit separate from others they live with.
4(11)Despite subsection 10(1), a person who has no dependents, other than a spouse, who is awaiting and is eligible for employment insurance benefits is not eligible to receive assistance for a period not exceeding eight weeks from the date of final receipt of income from employment or from the date of the end of the last pay period, whichever is later.
4(12)If the Minister is satisfied that a unit is eligible for assistance, the Minister may refer the application to the Medical Advisory Board.
4(13)If the Minister refers an application under subsection (12), the Medical Advisory Board shall determine whether the applicant or the spouse of the applicant is blind, deaf or disabled or has long-term health needs using objective medical findings and report its findings to the Minister.
4(14)The Minister may refer an application to the Medical Advisory Board to determine whether the applicant or the spouse of the applicant has long-term health needs if the following conditions are met:
(a) the applicant or the spouse has been in receipt of assistance continuously for at least 24 months; and
(b) the Minister has been provided with a report by a medical practitioner or a nurse practitioner indicating that the applicant or the spouse has had the impairment or impairments giving rise to the long-term health needs for at least 24 months.
4(15)Despite subsection (14), the Minister may refer an application to the Medical Advisory Board before the end of the 24 month time period referred to in that subsection, in which case a determination that the person has long-term health needs shall not take effect until the conditions under paragraphs (14)(a) and (b) are met.
4The heading “Parents excluded from unit” preceding section 4.1 of the Regulation is repealed.
5Section 4.1 of the Regulation is repealed.
6Section 19 of the Regulation is amended by adding after subsection (1) the following:
19(1.1)The Minister may provide assistance to a person for items of special need regardless of whether the person is eligible to receive a basic needs allowance in accordance with section 16.
7Section 25 of the Regulation is repealed and the following is substituted: 
25An applicant or a recipient may appeal to the Board any decision made by an area reviewer after conducting a review of a decision or matter referred to in subsection 15(1), other than the review of a decision respecting
(a) the composition of a unit, or
(b) an item of special need in an emergency.
8Paragraph 28(10)(a) of the Regulation is amended by striking out “subsection 4(2) or (3)” and substituting “subsection 4(2) or (11)”.
9Schedule A of the Regulation is amended in the “Transitional Assistance Program” portion by striking out “1 person − employable” and substituting “1 person”.
10This Regulation comes into force on June 1, 2022.