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Regulation number	Title
2011, c.154	Family Income Security Act

Under section 17 of the Family Income Security Act, the Lieutenant-Governor in Council makes the following Regulation:

2012, c.24, s.3

1This Regulation may be cited as the General Regulation - Family Income Security Act.

“Act” means the Family Income Security Act;(Loi)

“applicant” Repealed: 2012, c.24, s.3

“application” means an application for assistance made under section 3 and includes all forms and other documentation submitted to the Minister by the applicant at the time of application;(demande)

“area reviewer” means a person designated by the Minister under subsection 15(4) for the purpose of conducting a review under section 15;(réviser de secteur)

“blind” means, with reference to a person, having visual acuity in both eyes with proper refracture lenses of 20/200 (6/60) or less with Snellen Chart or its equivalent or having a field of vision in both eyes of less than twenty degrees in diameter, as verified by the Medical Advisory Board under subsection 4(13);(aveugle)

“Board” means the Family Income Security Appeal Board established under subsection 24(1);(Commission)

“budget deficit method” means the assessment of income, excluding those items referred to in paragraphs 8(2)(a), (a.1), (d) and (e.03), against the estimate of the requirements of a person in need;(méthode du budget déficitaire)

“Canada Student Loan” means a loan made to a qualifying student under the Canada Student Loans Act (Canada) or the Canada Student Financial Assistance Act (Canada);(prêt fédéral à un étudiant)

“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other; (conjoint de fait)

“Consumer Price Index” means the Consumer Price Index for New Brunswick (All-items) published by Statistics Canada under the Statistics Act (Canada);(indice des prix à la consommation)

“deaf” means, with reference to a person, (sourd)

(a) being assessed as having an average hearing threshold sensitivity for air conduction of 90 decibels or worse in the person’s better ear and a bone conduction hearing threshold of 60 decibels or worse in the person’s better ear after audiometry testing, in which hearing loss is calculated by averaging the person’s hearing at the sound frequencies of 500 hertz, 1000 hertz and 2000 hertz, or

(b) being assessed as unable to repeat more than 40% of a list of standardized words spoken after word recognition testing;

“dependent” means a person for whom the unit head has responsibility and who resides with the unit head, including (personne à charge)

(a) a spouse of the unit head who resides with the unit head, or

(b) a person under 21 years of age who resides with the unit head.

(c) Repealed: 2021, c.36, s.2

“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)

“disabled” means, with reference to a person, suffering from a major physiological, anatomical or psychological impairment, as verified by the Medical Advisory Board under subsection 4(13), that is likely to continue indefinitely without substantial improvement and that causes the person to be severely limited in activities pertaining to normal living;(invalide)

“Extended Benefits Program” means the program of assistance established by the Minister for persons in need who(programme de prestations prolongées)

(a) were receiving assistance under the Long-Term Established Needs Program, as provided for under New Brunswick Regulation 82-227 under the Social Welfare Act, on September 11, 1994, or

(b) are disabled, are blind or are deaf;

“Interim Assistance Program” Repealed: 2010-7

“items of special need” means those items set out in section 19;(préstations spéciales)

“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)

“long term needs” Repealed: 2022-25

“Medical Advisory Board” means the Medical Advisory Board continued under section 34;(commission consultative médicale)

“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practise as a nurse practitioner;(infirmière praticienne)

“parent” means, in relation to a dependent, the parent having sole or joint custody or any guardian who has assumed responsibility;(parent)

“parental home” means the residence of the parent of an applicant or recipient;(foyer parental)

“personal social services” means services that are provided for the social functioning of individuals, families and communities, for the improvement of employability and for meeting any other needs, other than financial needs;(services sociaux personnels)

“provincial student assistance” means financial assistance provided to a qualifying student under the Post-Secondary Student Financial Assistance Act;(aide provinciale à un étudiant)

“recipient” Repealed: 2012, c.24, s.3

“single parent” Repealed: 2022-25

“social assessment” Repealed: 2022-25

“spouse” means, in relation to a unit head,(conjoint)

(a) the person married to the unit head, or

(b) the common-law partner of the unit head;

“Transitional Assistance Program” means a program of assistance established by the Minister for persons in need who have upgrading, training and placement potential but who do not meet the criteria for the Extended Benefits Program;(programme d’assistance transitoire)

“unit” Repealed: 2012, c.24, s.3

“unit head” means the person who represents a unit.(chef d’unité)

“youth” Repealed: 2014-115

2(2)In the Act and this Regulation

“applicant” means a person applying for assistance under section 3;(requérant)

“recipient” means a person in respect of whom assistance has been granted;(bénéficiaire)

“unit” means a person or persons referred to in subsection 4(1).(unité)

96-16; 97-16; 98-13; 99-57; 2002-22; 2005-107; 2007-79; 2008, c.45, s.5; 2010-7; 2012, c.24, s.3; 2013-59; 2014-115; 2020-30; 2021-64; 2021-65; 2021, c.36, s.2; 2022-25

APPLICATION FOR ASSISTANCE

3(1)An application for assistance shall be made on a form or forms provided by the Minister.

3(1.1)An application for assistance shall be made by a person who is 19 years of age or over or by a person who is 18 years of age or over and is blind, deaf or disabled.

3(2)An application shall be completed by the unit head, unless the unit head is unable, for a reason acceptable to the Minister, to complete the application, in which case the application may be completed by another member of the unit or by some other person acceptable to the Minister.

3(3)Each applicant shall provide to the Minister any information or documentation required by the Minister in relation to the circumstances or the eligibility for assistance of the unit or persons in the unit to which the application relates.

3(4)Each applicant shall make, and shall be deemed to have made, the application for the benefit of all persons in the unit to which it relates.

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.

3(5)Except as otherwise provided for in this Regulation, a unit shall make only one application for assistance.

2013-59; 2014-115; 2021, c.36, s.2; 2022-25

ELIGIBILITY FOR ASSISTANCE

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; and

(c) a person who has a child or children.

(d) Repealed: 2023-21

4(6)Repealed: 2023-21

4(7)Repealed: 2023-21

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.

98-13; 99-57; 2000, c.26, s.112; 2005-107; 2006, c.16, s.65; 2008, c.45, s.5; 2010, c.E-0.5, s.65; 2013-59; 2014-115; 2021-64; 2021-65; 2021, c.36, s.2; 2022-25; 2023-21

Parents excluded from unit

Repealed: 2022-25

2021, c.36, s.2; 2022-25

4.1Repealed: 2022-25

2005-107; 2013-59; 2021-65; 2022-25

OBLIGATIONS OF MINISTER

5The Minister shall, within seven days after refusing an application for assistance, suspending, cancelling or reinstating the giving of assistance or varying the amount or nature of assistance, mail to the affected applicant or unit head a notice setting out

(a) the particulars of the decision,

(b) the reasons for making the decision, and

(c) the manner in which the applicant or unit head may apply for a review of the decision under section 15.

2013-59

CONTINUING ELIGIBILITY

6As a condition of continuing eligibility for assistance, all persons in a unit shall

(a) ensure that the Minister is notified, within fifteen days after its occurrence, of any change in the circumstances of the unit or a person in the unit with respect to

(i) income,

(ii) assets,

(iii) shelter expenses,

(iv) living arrangements,

(v) the number or identity of persons in the unit, or

(vi) the normal place of residence,

(b) continue to satisfy the Minister that they continue to explore, to the best of their ability, every possibility of financial support, employment, training and education and every possible opportunity for self-sufficiency available to them,

(c) provide to the Minister any information or documentation required by the Minister in relation to the circumstances of or the continuing eligibility for assistance of the unit or persons in the unit,

(d) complete, sign and submit to the Minister any forms required by the Minister, and

(e) comply with all applicable provisions of, and all applicable terms, conditions and requirements imposed on them by, the Act, this Regulation, the application made respecting the unit and any agreement made with the Minister respecting the unit.

2013-59

INVESTIGATIONS BY MINISTER

7(1)The Minister may cause an investigation to be made at any time with respect to

(a) the facts and circumstances concerning the initial eligibility for assistance of any unit or persons in a unit, as set out in the application for assistance,

(b) the facts and circumstances concerning the continuing eligibility for assistance of any unit or persons in a unit, and

(c) such other matters as the Minister considers reasonable and necessary to determine the circumstances of or the initial or continuing eligibility for assistance of any unit or persons in a unit.

7(2)Every person in a unit shall, in addition to any information required by the application, provide any further information and documentation required by the Minister in relation to an investigation.

2013-59

AVAILABLE RESOURCES

8(1)In this section

“available resources” , with respect to an applicant, recipient or unit, includes

(a) the total amount of all income from earnings, allowances, pensions, revenue from business, fishing, lumbering or farming operations, income from property not used as a residence by the applicant, recipient or unit, income from roomers and boarders, income from investments, trust funds, bank accounts or insurance, regular gifts or gratuities whether in cash or kind and money from a Canada student loan or from provincial student assistance, and

(b) any assets, revenue or income not specifically excluded under subsection (2).

8(2)Notwithstanding subsection (1), the following shall not be included in the calculations of available resources with respect to an applicant, recipient or unit:

(a) the refundable child tax credit authorized under the Income Tax Act (Canada);

(a.1) the child tax benefit and working income supplement under the New Brunswick Income Tax Act;

(b) liquid assets to a maximum of one thousand dollars for each applicant or recipient, but not exceeding two thousand dollars for a unit consisting of more than one person;

(c) the cash surrender value of life insurance;

(d) any assistance for the payment of rent or board and lodging expenses that may be provided under section 35;

(e) Repealed: 2010-7

(e.01) Repealed: 2021-65

(e.02) Repealed: 2021-65

(e.03) subject to subsections (3) and (4.2), wages from part time and full time employment, to a maximum of $500 monthly for a unit consisting of one or more persons receiving assistance under the Extended Benefits Program or the Transitional Assistance Program plus 50% of any wages in addition to the monthly wages of $500 that are excluded;

(e.04) all income from earnings of a person referred to in paragraph (b) of the definition “dependent”;

(e.1) the business assets required to operate the business enterprise of a self-employed person, in so far as they fall within the scope of subsections (4.1), (4.3) and (4.4) and during the periods provided for in those subsections;

(e.11) if a person was formerly self-employed, the business assets required to operate the business enterprise for a maximum of 12 months after becoming eligible for assistance;

(e.2) money provided to an applicant or recipient on behalf of the Minister of Post-Secondary Education, Training and Labour as an interest-free loan under the Entrepreneur Program or a successor to that program, for a period expiring twelve months after the day on which the money is advanced;

(e.3) the portion of money provided to an applicant or recipient on behalf of the Minister of Post-Secondary Education, Training and Labour under the Skills Loans and Grants Program that is not intended by that Minister to be spent for an item of basic need;

(f) the refundable federal sales tax credit authorized under section 122.5 of the Income Tax Act (Canada);

(g) the portion of money from a Canada student loan that is not intended by the person providing the Canada Student Loan to be spent for an item of basic need;

(h) the portion of money from provincial student assistance that is not intended by the person providing the assistance to be spent for an item of basic need;

(i) subject to paragraphs (j), (j.1), (k) and (l), if one or more persons in the unit are blind, deaf or disabled, liquid assets to a maximum of $10,000;

(j) the principal and accumulated interest of a documented trust fund, to a maximum of two hundred thousand dollars, which are intended to assist in maintaining a disabled, blind or deaf recipient and used solely to live in the recipient’s home or the community;

(j.1) if one or more persons in the unit are blind, deaf or disabled, the principal and accumulated interest from a Registered Retirement Savings Plan to a maximum of $50,000;

(k) the principal from a Registered Disability Savings Plan under the Canada Disability Savings Act (Canada), including grants or bonds and accumulated interest;

(l) the funds withdrawn from a Registered Disability Savings Plan under the Canada Disability Savings Act (Canada), the funds withdrawn from a documented trust fund, or both, up to a maximum of eight hundred dollars per month for every recipient;

(m) in addition to the maximum referred to in paragraph (l), an amount approved by the Minister which is intended to assist in maintaining a recipient and used solely to live in the recipient’s home or the community;

(n) the Canada Workers Benefit under the Income Tax Act (Canada);

(o) the value of a pre-arranged funeral plan as defined in the Pre-arranged Funeral Services Act;

(p) the Canada-New Brunswick Housing Benefit;

(p.1) the Direct to Tenant Rental Benefit granted by the New Brunswick Housing Corporation;

(q) the amount of child support under a support order or written agreement;

(q.1) the disabled contributor’s child benefit under the Canada Pension Plan or the disabled contributor’s child’s pension under the Québec Pension Plan;

(q.2) the orphan’s benefit under the Canada Pension Plan or the orphan’s pension under the Québec Pension Plan;

(r) subject to subsection (3), retirement pension or other benefits under the Canada Pension Plan or the Québec Pension Plan, other than the benefits referred to in paragraphs (q.1) and (q.2), to a maximum of $200 monthly for a unit consisting of one or more persons receiving assistance under the Extended Benefits Program or the Transitional Assistance Program; and

(s) the New Brunswick Workers Benefit.

8(3)The exemptions under paragraphs (2)(e.03) and (r) shall not be allowed in the calculations of available resources with respect to an applicant or with respect to a unit in relation to which an application is being made.

8(4)Assets referred to in paragraphs (2)(b), (c), (i), (j), (j.1), (k) and (o) shall, at the death of a recipient, be considered available for funeral and burial expenses.

8(4.1)If an applicant is self-employed in a business enterprise that has no other employees, the business assets required to operate the business enterprise shall be exempted upon application from the calculations of available resources of the unit to which the applicant belongs and, if the assistance is granted, shall continue to be exempted during the first six months in which the assistance is given.

8(4.2)If, after being granted assistance, a recipient becomes self-employed in a business enterprise that has no other employees, the recipient’s salary from self-employment shall be exempted from the calculations of available resources of the unit to which the recipient belongs, to the extent and during the periods provided for under, and otherwise subject to, the following:

(a) the Minister shall first prepare and approve a case plan for the unit, which shall include a business plan prepared by a person acceptable to the Minister and which, in the opinion of the Minister, supports a conclusion that the unit may, through self-employment of the recipient, be able to cease receiving assistance within a reasonable period of time; and

(b) the exemption shall apply to all of the recipient’s salary from self-employment for an initial period totalling three months, whether the months are continuous or not, during which period the exemption allowed under paragraph (2)(e.03) may be applied to, and only to, wages from part or full time employment other than the salary from self-employment.

(c) Repealed: 2013-59

(d) Repealed: 2013-59

(e) Repealed: 2013-59

8(4.3)If a recipient becomes self-employed after being granted assistance, the business assets required to operate the business enterprise of the recipient shall be exempted from the calculations of available resources of the unit to which the recipient belongs during those periods in which the unit is receiving an exemption under subsection (4.2).

8(4.4)A unit that has received an exemption during periods totalling twelve months respecting the business assets required to operate a business enterprise or respecting salary from self-employment, shall cease to receive the exemption and shall not receive either exemption again.

8(4.5)Repealed: 2013-59

8(5)Despite subsection (1), the principal sum of compensation or other money paid in a lump sum or a structured settlement to an applicant or recipient shall not be included in the calculation of available resources if the compensation or other money is paid to the applicant or recipient for property or in place of other income under Federal or Provincial agreements of expropriation or recompense and the applicant or recipient provides documentation to the Minister to that effect.

8(6)Despite subsection (1) and subject to subsection (8), the principal sum of compensation or other money paid in a lump sum or a structured settlement to an applicant or recipient shall not be included in the calculation of available resources if the compensation or other money is paid to the applicant or recipient as compensation for pain and suffering or as general damages due to personal injury caused by the negligence or wrongful act of another.

8(7)Despite subsection (6), money paid in a lump sum or a structured settlement to an applicant or recipient as compensation for lost wages shall be included in the calculation of available resources.

8(8)The compensation or other money paid in a lump sum or a structured settlement described in subsection (6) shall be included in the calculation of available resources for the purposes of providing assistance under section 19.

95-124; 97-16; 97-101; 1998, c.41, s.53; 99-57; 2000, c.26, s.112; 2002-22; 2005-107; 2007-79; 2010-6; 2010-7; 2012, c.33, s.4; 2013-59; 2014-115; 2017, c.63, s.22; 2019, c.2, s.53; 2021-64; 2021-65; 2021, c.36, s.2; 2022-60; 2023-21; 2023-25; 2023-70; 2024-11

TRANSFER OF PROPERTY

9(1)A recipient shall notify the Minister before selling, transferring or assigning any real or personal property, with the exception of property referred to in subsection 8(5) that is the subject of an agreement of expropriation or recompense.

9(2)Subject to subsection 8(5), any recompense to a recipient who sells, transfers or assigns any real or personal property shall be assessed as income.

2013-59; 2021-64

COMMENCEMENT OF ASSISTANCE

10(1)Once eligibility of a unit has been established, the Minister shall grant assistance to the unit from the date of application.

10(2)If eligibility of a unit cannot be determined at once and the need of the unit appears to the Minister to be urgent, the Minister may grant assistance for a period not exceeding two weeks from the date of application.

2013-59

METHOD OF PAYMENT

11The Minister may give financial assistance by cheque, by voucher, by electronic transfer or by any other means considered by the Minister to be feasible or appropriate in the circumstances.

2013-59

PAYMENT TO TRUSTEES

12(1)Where a recipient, through infirmity, illness or any other cause, is unable to look after the recipient’s own affairs, the Minister may give assistance for the benefit of the recipient to a trustee approved by the Minister.

12(2)A trustee approved under subsection (1) shall maintain a record showing the amount of assistance received, the amount expended and the balance remaining on a monthly basis or on another basis approved by the Minister.

12(3)The Minister, in the Minister’s discretion, may waive any or all of the requirements of subsection (2).

2013-59

CANCELLATION, SUSPENSION, REINSTATEMENT OR VARIATION OF ASSISTANCE

13(1)The Minister may cancel assistance being given to a recipient if

(a) the recipient is no longer eligible for that assistance, or

(b) the Minister has reasonable and probable grounds to believe that the recipient has refused or failed to comply with an applicable provision of, or an applicable term, condition or requirement imposed by, the Act, this Regulation, the application made respecting the unit or any agreement made with the Minister respecting the unit to which the recipient belongs.

13(2)The Minister may suspend assistance being given to a recipient if the Minister has reasonable and probable grounds to believe that the recipient has refused or failed to comply with an applicable provision of, or an applicable term, condition or requirement imposed by, the Act, this Regulation, the application made respecting the unit or any agreement made with the Minister respecting the unit to which the recipient belongs.

13(3)The Minister may, in the circumstances the Minister considers appropriate, reinstate assistance suspended under subsection (2), on the fulfilment of or subject to such terms and conditions as the Minister considers appropriate.

13(4)The Minister may vary the amount or nature of assistance being given to a recipient if

(a) the resources of the unit or a member of the unit to which the recipient belongs have changed, or

(b) the needs of the unit to which the recipient belongs have changed.

13(5)The Minister shall vary the amount or the nature of assistance under subsection (4) from the date on which the Minister is advised of the change of circumstances giving rise to the variation.

2013-59

REVIEWS

14The Minister may, in the manner the Minister considers appropriate,

(a) conduct a review at any time of the financial and other circumstances of a recipient or a unit in order to determine the continuing eligibility of the recipient or unit and to assess the need on the part of the recipient or unit for personal social services, and

(b) conduct a review of the financial and other circumstances of a recipient or unit after altering, suspending, cancelling, reinstating or varying the amount of assistance being given to the recipient or unit.

2013-59

15(1)A person who is an applicant or a recipient may request a review under this section if

(a) the person’s application for assistance has been denied,

(b) the person’s application for assistance has been granted but the person believes that the initial amount of financial assistance granted is insufficient or inappropriate for the person’s needs within the limitations imposed by the regulations,

(c) financial assistance being received by the person is suspended or cancelled,

(d) the amount of financial assistance being received by the person is varied and the person is not satisfied with the variation, or

(e) the person believes that there has been unreasonable delay in the making of a decision respecting any matter affecting the person’s receipt of financial assistance.

15(2)A person requesting a review of a decision or matter under subsection (1) may do so by completing, signing and submitting to the Minister a request for review on a form provided by the Minister

(a) within thirty days after receiving notice of a decision that is referred to in paragraph (1)(a), (b), (c) or (d), or

(b) at any time, if the matter is one referred to in paragraph (1)(e).

15(3)If a person is unable, through illness, incapacity or disability, to request a review, the person’s representative may act for the person for the purposes of a review.

15(4)Upon receiving a request made under subsection (1), the Minister shall designate a person who is an employee, as defined in the Civil Service Act, as an area reviewer to review the case of the applicant or recipient.

15(5)The area reviewer shall review the case of the applicant or recipient, may make such decision as the area reviewer considers proper in the circumstances and shall deliver to the applicant or recipient a written notice of the decision within fifteen days after the request for review was received by the Minister.

15(6)The notice delivered under subsection (5) shall contain

(a) the particulars of the decision,

(b) the reasons for making the decision, and

(c) if the applicant or recipient has a right of appeal to the Board

(i) a description of the manner in which the applicant or recipient may appeal, and

(ii) a notice of appeal on a form provided by the Minister.

2013-59

ITEMS OF BASIC NEED

16(1)The Minister shall grant assistance in the form of a basic needs allowance to meet the requirements of the unit for the following items of basic need:

(a) food;

(b) clothing;

(c) household and personal items;

(d) fuel and utilities;

(e) routine transportation; and

(f) shelter.

16(2)Repealed: 2021-65

16(3)Repealed: 2021-65

16(4)Repealed: 2021-65

16(5)Repealed: 2021-65

99-57; 2013-59; 2021-65

DETERMINATION OF AMOUNT OF ASSISTANCE

17(1)The amount of assistance that may be provided monthly to a unit for items of basic need under the Extended Benefits Program or the Transitional Assistance Program shall be based on the number of persons included in the unit.

17(2)The maximum amount of assistance that may be provided monthly to a unit for items of basic need under the Extended Benefits Program or the Transitional Assistance Program is the amount prescribed in Schedule A for a unit of that size.

17(3)Repealed: 2013-59

17(4)Repealed: 2013-59

17(5)Repealed: 2014-115

2007-60; 2008-124; 2010-7; 2013-59; 2014-115

ANNUAL ADJUSTMENT

2020-30; 2021-52

17.1(1)The maximum amount of assistance that may be provided shall be adjusted on April 1 of each year by the percentage change in the Consumer Price Index between the calendar year immediately before the date of adjustment and the calendar year two years before the date of adjustment.

17.1(2)If the maximum amount of assistance adjusted in accordance with subsection (1) is not a whole number, it shall be rounded up to the next whole number.

17.1(3)If an adjustment otherwise required by this section would result in a decrease in the maximum amount that may be provided, no adjustment shall be made.

2020-30; 2021-52

DAY CARE ASSISTANCE

Repealed: 2010, c.E-0.5, s.65

2010, c.E-0.5, s.65

18Repealed: 2010, c.E-0.5, s.65

2007-60; 2007-79; 2010, c.E-0.5, s.65; 2013-59;

ITEMS OF SPECIAL NEED

19(1)In this section

“emergency” means any unavoidable and unforeseen occurrence, situation or set of circumstances that, in the opinion of the Minister, at that time constitutes a crisis for a person in need that requires immediate crisis intervention by the Minister in the form of the granting of assistance.

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.

19(2)Items of special need are as follows:

(a) the purchase of welfare services on a fee for service or unit cost basis, involving direct cost to the recipient, which may include

(i) rehabilitation services,

(ii) casework, counselling and assessment services,

(iii) homemaker, housekeeper and similar services, and

(iv) any other services considered appropriate by the Minister in the circumstances;

(b) the purchase of health and medical supplies and services involving a direct cost to the recipient that are not covered under the Health Services Act and the regulations under that Act;

(c) the items required to upgrade employability or directly to obtain employment if those items are not provided by the employer or any other source, including

(i) training fees and supplies,

(ii) tools and materials,

(iii) special clothing, and

(iv) union dues;

(d) the transportation of a person in need in connection with

(i) upgrading employability or directly obtaining employment,

(ii) returning the members of a unit to their normal place of residence in another province or a territory,

(iii) the relocation of persons in need for social and economic reasons, or

(iv) enabling a unit head or dependent member of the unit to obtain special education or rehabilitation services and medical, hospital or nursing home care that can not be provided at the person’s normal place of residence;

(e) counselling and legal aid services with respect to those matters referred to in paragraphs 28(2)(c) to (g) of the Legal Aid Act; and

(f) the payment of unusual expenses involving direct cost to the recipient.

19(3)The Minister may grant the following as items of special need only in an emergency:

(a) shelter;

(b) household repairs, equipment and supplies, including furnishings, appliances, plumbing, heating, wiring, utensils and textiles;

(c) items of basic need; and

(d) property taxes for the current year.

2013-59; 2014, c.26, s.62; 2022-25

FUNERAL AND BURIAL ASSISTANCE

20The Minister may grant assistance for the cost of funerals, burials and the opening and closing of graves.

2013-59

SPECIAL CARE ASSISTANCE

21(1)The Minister may grant assistance in an amount, including any comfort and clothing allowance granted under subsection (4), that does not exceed the maximum amount of the prevailing Old Age Security and Guaranteed Income Supplement, to persons in need who reside

(a) in a nursing home, as defined in the Nursing Homes Act, operated by a licensee under that act,

(b) in the special care unit of the Restigouche Hospital Centre, or

(c) in the special care unit in Centracare.

21(2)The Minister may grant assistance, in accordance with the rates established by the Minister, to persons in need who reside in special care homes or other care facilities that offer primarily residential or social rehabilitation programs.

21(3)The Minister may, in the circumstances the Minister considers appropriate, grant assistance to a person who is not in one of the institutions referred to in subsection (1) or (2) but who nevertheless requires special supervision or care.

21(4)The Minister may include with assistance granted under this section, a comfort and clothing allowance not exceeding

(a) $150 monthly, if granted to recipients described in subsection (1), or

(b) $190 monthly, if granted to recipients described in subsection (2) or (3).

21(5)Repealed: 2024-73

2007-46; 2013-59; 2024-73

ASSISTANCE ON BEHALF OF FOSTER CHILD

Repealed: 2023, c.36, s.11

2023, c.36, s.11

22Repealed: 2023, c.36, s.11

2013-59; 2023, c.36, s.11

HEALTH SERVICES ASSISTANCE

23The Minister may grant assistance by way of the provision of a Health Services Card under the Health Services Act.

2013-59

APPEALS

24(1)There shall be a Family Income Security Appeal Board, which shall be composed of a Chair, one or two Vice-Chairs and at least fourteen members, who shall be appointed by the Lieutenant-Governor in Council.

24(2)Each member of the Board, including the Chair and any Vice-Chair, shall be appointed for a term of not more than three years, as determined by the Lieutenant-Governor in Council, and may be appointed for subsequent terms of not more than three years.

24(3)No person shall be eligible for appointment as the Chair, as a Vice-Chair or as another member of the Board who is or has been, within six months before the appointment, employed in the Civil Service of the Province.

24(4)The Chair and any Vice-Chair of the Board shall be paid an annual salary, which shall be established by the Lieutenant-Governor in Council.

24(5)The members of the Board, other than the Chair and any Vice-Chair, shall serve without salary but may be paid a daily allowance at rates approved by the Lieutenant-Governor in Council.

24(6)The Chair, any Vice-Chair and other members of the Board may be paid expenses at rates approved by the Lieutenant-Governor in Council.

24(7)In the case of the absence, illness or temporary incapacity to act of the Chair of the Board, the Vice-Chair designated by the Chair shall exercise the powers and functions of the Chair for the period of the Chair’s absence, illness or temporary incapacity to act.

24(8)The Minister shall provide the clerical and other assistance that is required for the conduct of the Board.

96-16; 2002-22; 2011-76; 2013-59

GROUNDS OF APPEAL

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.

96-16; 98-13; 2002-22; 2022-25

APPEAL PROCEDURE

26An applicant or a recipient who wishes to initiate an appeal to the Board shall do so by serving a notice of appeal, supplied under subparagraph 15(6)(c)(ii), on the Chair within twenty days after the date on which the applicant or recipient receives the decision of the area reviewer.

96-16; 2002-22; 2011-76

27(1)Upon receiving a notice of appeal served in accordance with section 26, the Chair shall arrange a hearing to be held within twenty days from the date of receipt, at a time and place designated by the Chair.

27(2)The Chair shall serve a notice of hearing on the appellant and the area reviewer, on a form provided by the Minister, at least five days before the date of the hearing.

27(3)A person receiving a notice of hearing may appear at the hearing of the appeal.

27(4)For the purpose of the hearing of an appeal, the Board shall consist of the Chair and any two other members of the Board, who shall have full authority to exercise the powers and jurisdiction of the Board.

27(5)The Board may hold concurrent hearings with the Chair of the Board presiding at one such hearing and any Vice-Chair presiding at another.

27(6)A Vice-Chair who presides at a concurrent hearing shall be deemed to be the Chair for the purpose of that hearing.

96-16; 2002-22; 2011-76; 2013-59

PROCEEDINGS AT HEARINGS

28(1)The Chair of the Board shall from time to time assign the members of the Board to its various hearings, taking into account the official language chosen by the appellant and the region in which the hearing of the appeal is to take place.

28(2)No member or members of the Board shall discuss the appeal with the appellant before the hearing of the appeal.

28(3)All hearings of the Board shall be held in camera.

28(4)A party to an appeal shall appear in person or by a representative and may be represented by counsel.

28(5)For the purpose of the hearing of an appeal, the Board shall have all the powers conferred on a Commissioner or Commissioners appointed under the Inquiries Act and all provisions of that Act, when applicable to and not inconsistent with the provisions of this Regulation, shall apply to an appeal.

28(6)The Board may receive the information, on oath, affidavit or otherwise as, in its discretion, it considers fit and proper, whether admissible as evidence in a court of law or not.

28(7)No appeal proceedings shall be deemed to be invalid by reason of any defect in form or any technical irregularity.

28(8)The Board may, in its decision, dismiss the appeal and affirm the decision of the area reviewer that is appealed from, or allow the appeal and vary or reverse the decision of the area reviewer, in whole or in part.

28(9)Subject to subsection (10), an appeal shall be decided on its own merits and in accordance with the Act and this Regulation, and the decision shall be founded upon one or more specific provisions of the Act, this Regulation or another Act of the Legislature or the regulations under it.

28(10)In rendering a decision, the Board may not

(a) waive or modify the limitations imposed by subsection 4(2) or (11), or

(b) direct that assistance be granted to a unit if the eligibility of the unit cannot be determined, whether or not the need of the unit appears to the Board to be urgent.

96-16; 2002-22; 2011-76; 2022-25

DECISION OF THE BOARD

96-16; 2002-22

29(1)The decision of the majority of the members of the Board who hear an appeal shall be the decision of the Board and shall be final and conclusive.

29(2)The decision of the Board shall be in writing and shall include

(a) a description of the Board’s findings of fact,

(b) the reasons for the decision,

(c) if varying or reversing the decision of the area reviewer, a citation of the provision or provisions of the Act, this regulation or the other Act or regulation, on which the variation or reversal is founded,

(d) the date on which the decision was made,

(e) directions, if any, to the Minister for the carrying out of the decision, and

(f) any other remarks the Board considers relevant.

29(3)The Board shall hand down its decision within fifteen days after the conclusion of the hearing and the Chair shall deliver copies of the decision forthwith to the Minister and to all parties to the appeal.

29(4)The decision of the Board shall contain no minority report and shall be signed by the Chair.

29(5)Whether an appeal is allowed or dismissed, the Chair may, in the Chair’s discretion, award to the appellant an amount for the travel expenses incurred by the appellant in attending the hearing.

29(6)An award of expenses under subsection (5) shall be paid by the Minister.

29(7)Notwithstanding subsection (1), the Minister may refuse to comply with any directions given in a decision of the Board if, in the Minister’s opinion, the Board has not complied with subsection 28(9) or (10) or paragraph (2)(b) or (c).

29(8)Notwithstanding subsection (1), if the Board has varied or reversed the decision appealed from, the Minister may render a new decision that is not consistent with the decision of the board, if

(a) three months have passed following the date on which the Board rendered its decision, and

(b) in the opinion of the Minister, there has been a substantial change in the circumstances of the appellant.

96-16; 2002-22; 2011-76; 2013-59

JURISDICTION OF BOARDS

Repealed: 2002-22

96-16; 2002-22

30Repealed: 96-16

96-16

VERIFICATION AND DISCLOSURE OF INFORMATION

Repealed: 2012, c.24, s.3

2012, c.24, s.3

31Repealed: 2012, c.24, s.3

2000, c.26, s.112; 2002-22; 2008, c.6, s.15; 2012, c.24, s.3

SERVICE

32(1)An order, notice or other document that is to be given to, delivered to or served on a person under the Act or this Regulation shall be sufficiently given, delivered or served

(a) if it is served in the manner in which personal service may be made under the Provincial Offences Procedure Act,

(b) if it is mailed registered or certified mail to the last address of that person reported to the Minister under the Act or this Regulation or indicated on any notice or other document to which a reply or response is being made, or

(c) to or upon the Board, if it is mailed registered or certified mail to the Board or given to any employee of the Department of Social Development.

32(2)Service or delivery by registered or certified mail shall be deemed to have been effected five days after the date of mailing.

2000, c.26, s.112; 2008, c.6, s.15; 2013-59

WELFARE SERVICES

33(1)The Minister may grant assistance in the form of welfare services to persons in need and to those who, in the opinion of the Minister, will lose their capacity for self-support and are likely to become persons in need, if welfare services are not granted.

33(2)The Minister may make payments to agencies that provide welfare services on a fee for service or unit cost basis, involving direct cost to the recipient, including

(a) rehabilitation services,

(b) casework, counselling and assessment services,

(c) homemaker, housekeeper and similar services, and

(d) any other services the Minister considers appropriate in the circumstances.

2010, c.E-0.5, s.65; 2013-59

MEDICAL ADVISORY BOARD

34The Medical Advisory Board designated under New Brunswick Regulation 82-227 under the Social Welfare Act and the appointments made to that Board are continued under this Regulation until the expiry of their terms of appointment or until the Board or the appointments are terminated, whichever occurs first.

ASSISTANCE FOR THE PAYMENT OF RENT OR BOARD AND LODGING EXPENSES

35The Minister may continue to give assistance after the commencement of this section to persons who were receiving assistance for the payment of rent or for board and lodging under section 16.1 and Schedules B and C of New Brunswick Regulation 82-227 under the Social Welfare Act on the commencement of this section and that section and those Schedules shall be deemed to be in full force and effect for the purposes of the giving of that assistance until such time as they cease to apply to any person.

2002-22; 2013-59

REPEAL

36New Brunswick Regulation 82-227 under the Social Welfare Act is repealed.

COMMENCEMENT

37This Regulation comes into force on May 1, 1995.

SCHEDULE A

Extended Benefits Program
Unit Type/Rate Type	Maximum Amount

1 person	$ 918
2 persons, at least 1 of whom is under 19 years of age	$1,240
2 adults	$1,263
3 persons	$1,305*

*For each additional person, add $74 to the maximum amount.


Transitional Assistance Program
Unit Type/Rate Type	Maximum Amount

1 person – employable	$ 660
1 person – designated	$ 708
2 persons, at least 1 of whom is under 19 years of age	$1,035
2 adults	$1,054
3 persons	$1,095*

*For each additional person, add $69 to the maximum amount.

95-124; 96-93; 97-16; 2005-107; 2007-60; 2008-124; 2010-7; 2013-59; 2020-30; 2021-52; 2022-16; 2022-25; 2023-21; 2024-11

SCHEDULE B

Repealed: 2013-59

95-124; 96-93; 97-16; 2005-107; 2007-60; 2008-124; 2013-59

SCHEDULE C

Repealed: 2002-22

2002-22

N.B. This Regulation is consolidated to September 1, 2024.

95-61 - General

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