Acts and Regulations

2009-75 - Contribution

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2009-75
under the
Nursing Homes Act
(O.C. 2009-303)
Filed July 22, 2009
Under section 31 of the Nursing Homes Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
Citation
1This Regulation may be cited as the Contribution Regulation - Nursing Homes Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Nursing Homes Act.(Loi)
“applicant” means a person who applies for assistance or on whose behalf an application for assistance is made(requérant)
“assistance” means assistance provided under section 23 of the Act.(aide)
“common-law partner” means a person who, not being married to the applicant or recipient, was cohabiting with the applicant or recipient in a conjugal relationship at the time of admission to a nursing home and who(conjoint de fait)
(a) is the natural or adoptive parent of the applicant’s or recipient’s child, or
(b) was cohabiting in a conjugal relationship with the applicant or recipient continuously for any 12 month period before their admission to a nursing home.
“dependent” means a person who is the child of, or under the guardianship of, an applicant or recipient or that person’s spouse or common-law partner and who is financially dependent upon the applicant or recipient or that person’s spouse or common-law partner, and is(personne à charge)
(a) under 19 years of age,
(b) under 25 years of age and enrolled full time in an educational institution, or
(c) over 18 years and disabled.
“family” means a spouse or common-law partner of an applicant or recipient.(famille)
“net annual income” means the annual income of an applicant or recipient and their spouse or common-law partner as calculated under section 7 less the deductions as calculated under section 8.(revenu annual net)
“recipient” means a person who is receiving assistance.(bénéficiaire)
“spouse” means the person to whom an applicant or recipient is married.(conjoint)
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Preliminary requirements
3Before assistance is provided, an applicant shall provide evidence satisfactory to the Minister that the person
(a) is a citizen of Canada,
(b) is a resident of New Brunswick, and
(c) has been determined to be eligible for nursing home services by the Minister or has been verified by the Minister as receiving nursing home services.
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Application for assistance
4(1)An applicant shall apply to the Minister on a form provided by the Minister and shall
(a) provide information concerning the applicant’s income and the income of their spouse or common-law partner, as the case may be, and
(b) provide information as to the number of dependents living at home, if any.
4(2)The application shall be signed by the applicant or by a person who is acceptable to the Minister on the applicant’s behalf.
2023-69
Assessment of application
5If an applicant provides the information required under this Regulation together with a completed and signed application form, the Minister shall ensure that an assessment of the application is completed, in normal circumstances, within 21 working days after the date it is received.
Reapplication
6If the Minister does not provide assistance to an applicant, they may reapply for assistance
(a) after one year after the date assistance was denied, or
(b) after any significant change in their income or in the composition of their family that may affect the amount of assistance that may be granted.
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Calculation of income
7(1)For the purposes of this Regulation, the income of an applicant or recipient and their spouse or common-law partner, if any, is the sum of the following:
(a) the amount of any pension, supplement or spouse’s or common-law partner’s allowance under the Old Age Security Act (Canada) and the amount of any similar payment under a law of a province;
(b) the amount of any benefit under the Canada Pension Plan (Canada);
(c) a war veteran’s allowance paid under the Pension Act (Canada);
(d) a benefit under the Employment Insurance Act (Canada);
(e) income assistance under the Family Income Security Act;
(f) loss of earnings’ benefits, long-term disability benefits and benefits under the Workers’ Compensation Act;
(g) a superannuation or pension benefit;
(h) long-term disability benefits from any source;
(i) income from an office or employment, including salary, wages, gratuities and other remuneration;
(j) income from a business;
(k) income from property;
(l) income from a trust;
(m) income from an annuity;
(n) income from a registered retirement income fund or registered retirement savings plan;
(o) a refund of income tax;
(p) payments received as support or maintenance or child support from a former spouse or common-law partner;
(q) capital gains;
(r) social security benefits received from another jurisdiction, adjusted to Canadian dollars, at the rate of exchange on the date of the completion of the assessment; and
(s) any income from investments that are not otherwise listed in this subsection.
7(2)If an applicant or recipient or their spouse or common-law partner receives rent from the rental of their principal residence, 75% of the rent shall be included under subsection (1) as income from property.
7(3)An applicant or recipient and their spouse or common-law partner shall apply to any other source from whom the person may, in the Minister’s opinion, be reasonably expected to receive income or benefits.
7(4)If an applicant or recipient or a spouse or common-law partner fails to apply to another income source referred to in subsection (3), the Minister may calculate the income of the applicant or recipient or their spouse or common-law partner as if they are receiving the benefit.
2020, c.24, s.14; 2023-69
Deductions from income
8(1)The following amounts shall be deducted from the income of an applicant or recipient and that of their spouse or common-law partner, as the case may be:
(a) a payment of income tax in the year of application;
(b) payments of child support and spousal support and maintenance paid by the applicant or their spouse or common-law partner, but not exceeding that provided for under any relevant court order or under applicable child support guidelines as set out in the Child Support Guidelines Regulation – Family Law Act;
(c) a comfort and clothing allowance as set out in subsection 21(1) of New Brunswick Regulation 95-61 under the Family Income Security Act; and
(d) premiums paid for private health insurance or long term care insurance.
8(2)Despite any other provision of this Regulation, a disabled adult recipient may retain a maximum of $250 monthly from their earnings, in addition to the amount of the comfort and clothing allowance to which they are entitled.
2020, c.24, s.14; 2023-69
Verification of income
9(1)An applicant shall provide a copy of their latest income tax return and that of their spouse or common-law partner, with accompanying T4 and T5 slips and all Notices of Assessment from the Canada Revenue Agency, for a period of 2 years before the date of application for assistance.
9(2)At the option of the Minister, the applicant and their spouse or common-law partner may provide an authorization to the Minister under subsection 241(5) of the Income Tax Act (Canada) to enable the Minister to obtain the information required under subsection (1) directly from the Canada Revenue Agency.
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Required contributions
10(1)An applicant or recipient and the applicant’s or recipient’s spouse or common-law partner who is living at home shall contribute towards the cost of the nursing home services provided to the applicant or recipient an amount, as determined in accordance with the formula and circumstances set out in Schedule A, that is no greater than 40 % of their net annual income.
10(2)If an applicant or recipient has no spouse, common-law partner or dependents, the applicant or recipient shall contribute all of their net annual income towards the cost of nursing home services provided to them, less the comfort and clothing allowance referred to in subsection 8(2).
10(3)Except as otherwise provided, the Minister shall not provide assistance to an applicant or recipient unless contributions are made in accordance with subsections (1) and (2).
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Reassessment of income and deductions
11(1)The Minister may require a recipient or the spouse or common-law partner of the recipient to submit to a reassessment of their net income at any time.
11(2)If a recipient or their spouse or common-law partner fails to cooperate in a reassessment, the Minister may terminate assistance to the recipient at once and without notice.
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Temporary contribution adjustment
12(1)A recipient may apply to the Minister for a temporary contribution adjustment if they are suffering serious financial hardship and payment of the contributions required under section 10 to the cost of their nursing home services would result in their inability, or the inability of their spouse or common-law partner, to pay for adequate food, the mortgage or rent, sufficient home heating or prescribed medications or other prescribed health care for themselves and any dependents.
12(2)Despite any other provision of this Regulation, the Minister may, in the Minister’s discretion, provide for a temporary contribution adjustment for the purposes set out in subsection (1).
2023-69
Disclosure of information
13(1)All information acquired by the Minister or an employee in the Department of Social Development about an applicant or recipient, an applicant’s or recipient’s spouse or common-law partner or any dependent is confidential information to the extent that its disclosure would tend to reveal personal information about a person identifiable from the release of the information.
13(2)Subject to subsections (3) and (4), the Minister or an employee in the Department of Social Development shall not disclose confidential information about an applicant or recipient or their spouse or common-law partner or dependent to any person without the written consent of the person from whom the information was obtained and of the person to whom the information relates.
13(3)The Minister or an employee in the Department of Social Development may disclose confidential information pertaining to an applicant or recipient or their spouse or common-law partner or dependent if the disclosure is made
(a) in the best interests of the applicant or recipient or their spouse or common-law partner or dependent,
(b) in the course of verifying information provided by or in relation to the applicant or recipient or their spouse or common-law partner or dependent,
(c) for the purpose of evaluating the effectiveness of assistance under the Act, or
(d) otherwise, for the purpose of the administration or enforcement of any Act of the Legislature or a regulation or order under an Act.
13(4)Confidential information disclosed for a purpose referred to in subsection (3) may be made
(a) to an employee of the Department of Social Development or any other department or agency of the Province,
(b) to an employee or agent of the Government of Canada,
(c) to an employee of any department, local government or agency of another jurisdiction having a responsibility to provide financial assistance to persons in need,
(d) at a trial, hearing or proceeding under the Criminal Code (Canada) or in the Family Division of The Court of King’s Bench of New Brunswick, in relation to any matter under this Act, or to a barrister or solicitor acting on behalf of any government, local government or agency and responsible for the institution of such a trial, hearing or proceeding,
(e) to an officer of a council of a band, as defined in the Indian Act (Canada), having responsibility for the provision of financial assistance to persons in need on any reserve,
(f) to a person who is in the business of providing information respecting credit ratings or other information in relation to the economic status of individuals or who is in the business of collecting unpaid debts, or
(g) to a person who was, is or may be providing goods or services to an applicant or recipient or their spouse or common-law partner or dependent.
13(5)A person to whom confidential information is disclosed under this section shall use the information only and shall not disclose the information except in accordance with this section.
13(6)The disclosure of confidential information in accordance with this section shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality.
2020, c.24, s.14; 2023, c.17, s.177; 2023-69
SCHEDULE A
1
2
3
Amount of net annual
income to be contributed
Net annual income thresholds, with only spouse or common-law partner at home
Net annual income thresholds with spouse or common-law partner and one dependent at home
Adjustment to net annual income thresholds in
column 2 for additional dependents at home
0% of income between
$0 to the amount of
OAS/GIS for a single person
$0 to the amount of
OAS/GIS for a couple +  $12,000
Add $588 x number of additional dependents to upper limit threshold
plus 80% of income
between
the amount of OAS/GIS for a single person to twice the amount of OAS/GIS for a single person
the amount of OAS/GIS for a couple + $12,000 to the amount of OAS/GIS for a couple +  $12,000 + the amount of OAS/GIS for a single person
Add $588 x number of additional dependents to lower limit threshold
plus 30% of income
between
twice the amount of
OAS/GIS for a single person to the amount of
OAS/GIS for a single person + $25,000
the amount of OAS/GIS for a couple +  $12,000 + the amount of OAS/GIS for a single person to $85,000
Add $1,800 x number of additional dependents to upper limit threshold
plus 40% of income over
the amount of OAS/GIS for a single person + $25,000
$85,000
Add $1,800 x number of additional dependents to lower limit threshold
NOTE: OAS/GIS means the amount of the Old Age Security/Guaranteed Income Supplement, as adjusted, under the Old Age Security Act (Canada)
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N.B. This Regulation is consolidated to January 1, 2024.