SOCIAL ASSISTANCE
AND
RELATED PROGRAMS

("SARP")

1994

(Archive copy for historical purposes only)

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ELIGIBILITY

Physically or Mentally Disabled Persons

Newfoundland
"Incapacitated" means in a condition of physical or mental illness or disability of such a nature as to render a person incapable of maintaining himself or his family. Act 2(i) A "disabled person" is a person who, in the opinion of an officer of the Department, requires supportive services to aid independent living. Regulation 2(d) A "family with a disabled child" means a family which, in the opinion of an officer of the Department, needs supportive services to enable them to care for the child at home. Regulation 2(e)

NOTE: See "Enriched Needs-Disabled" (section 5.3.1). Adults, children or families who, through mental or physical incapacity, are unable to provide, in whole or in part, by their own efforts, necessities essential to maintain, or assist in maintaining, a reasonably normal and healthy existence, are eligible for social assistance. Act 6(a) An incapacitated adult (excluding females over 50 years of age and males over 65 years of age) must submit a medical certificate satisfactory to an officer of the Department in order to determine eligibility for social assistance. If the adult cannot produce the certificate, he must satisfy the officer of the Department that he is unable to maintain himself or his family because of his incapacity. The officer may require an incapacitated adult to be re-examined at the expense of the Department at any time to confirm the incapacity; social assistance may be suspended in default of completion within a reasonable time of such examination. Regulation 14, 15 Social Assistance may be granted to a parent who is either: i) incapacitated and living at home with his/her children; or ii) required to remain at home with his/her children due to the inability to obtain the services of a suitable person to look after the home where the spouse of that parent is incapacitated. Act 6(b)(ii,iii) Prince Edward Island "Disabled person" means a person who has a physical, mental, psychological, or other impairment that impedes him from being employed. Regulation 1(i) A minor (under 18 years of age) may be eligible for assistance if, in the opinion of the Director, his home is found to be unsuitable for his care, training and development and he is prevented by physical or mental disability from regularly attending a course of education or training or from taking a correspondence course approved by the Department of Education. Regulation 8(1, 2) Where an applicant or beneficiary is unable to seek employment due to either a temporary or permanent disability, the applicant shall provide a medical report confirming the nature and extent of the disability. Policy 7(13-3-11) Nova Scotia - Provincial The province may provide assistance under the Family Benefits Act to persons in need who are 18 years of age and over, disabled and not eligible for an Old Age Security pension. Act 5(1)(b) "Disabled" means having a major physical or mental impairment or a combination of mental and physical impairment that is likely to continue for at least twelve months, and which renders the person unemployable in the regular labour market at the time of application. Regulation 3(g) Where additional information is required to determine whether or not an applicant or a recipient is disabled, the Director may request that the person submit to a medical examination to establish eligibility. Where the person refuses to submit to such medical examination, the Director may refuse to grant or continue to grant benefits if the refusal results in the Director being unable to determine if the person is disabled. Regulation 14(4,5)-eff. 10-93 A disabled father or mother (i.e., one who is unemployable because of a physical or mental disability) is eligible to apply for assistance on his or her behalf and on behalf of his or her spouse and dependent child. Act 5(2); Regulation 4 - See section 8.1 concerning spousal support. In order to allow a disabled client an opportunity to provide additional medical information (where it appears that his/her medical condition has improved to the point where the client may no longer qualify for Family Benefits as a disabled person) or to explore alternate sources of income, benefits shall be terminated three full months after the decision to terminate benefits was made. Policy 05-07-37 (issued 11-92) Nova Scotia - Municipal In Halifax, Municipal Assistance may be granted in cases of short term (up to 12 months inclusively) or long term (longer than 12 months) physical or mental health problems. Policy 1.2.6 In practice, long term disabled persons would apply for provincial Family Benefits and request only certain types of assistance (for special needs) from their municipality. Editorial Comment New Brunswick A person in need who is 18 years of age and over and who has been designated by the medical advisory board (appointed by the Minister) as blind or disabled according to the definitions appearing below is eligible for assistance under the "Long-Term Established Needs Program". (see section 5.2.4) Regulation 2, 4(5) Blind: visual acuity in both eyes with proper refractive lenses is 20/200 (6/60) or less with Snellen Chart or its equivalent, or if the greatest diameter of the field of vision in both eyes is less than 20°; Disabled: a major physiological, anatomical or psychological impairment, verified by the medical advisory board using objective medical findings, which is likely to continue indefinitely without substantial improvement and, as a result thereof, the person is severely limited in activities pertaining to normal living. Quebec An independent adult and a family that includes an adult member are eligible for benefits under the Financial Support program provided the independent adult or the adult member of the family: 1. proves, by producing a medical report, that his physical or mental condition is significantly defective or impaired and is likely to remain so permanently or indefinitely (minimum 12 months) and, for that reason and in view of his socio-professional profile, he presents severe limitations in his capacity for employment preventing him from providing for his needs and those of his family; 2. proves that his resources and, where applicable, those of his family are less than what is necessary to provide for his needs and those of his family, according to the scale of needs prescribed by regulation, and increased, where applicable, by the amount of the special benefits provided for in legislation. Act 6 The scale based on unavailability (see section 5.2.5) applies where an independent adult or an adult member of a family proves, by producing a medical report, that his physical or mental condition prevents him from availing himself, for a period of at least one month, of a measure that may be proposed to him under section 23 (see section 2.6). Act 16 Any person required to produce a medical report shall do so by means of the form prescribed by the Minister. In addition, that person shall, whenever the Minister deems it appropriate, submit to a new medical examination by the physician designated by the Minister who shall ascertain whether he is presenting serve limitations in his capacity for employment or is prevented from availing himself of a measure on any of the grounds set out in the preceding paragraph. Any notice of the decision of the Minister concluding that the person does not present severe limitations in his capacity for employment or, as the case may be, is not prevented from availing himself of a measure on any of the grounds set out in paragraph 1 of section 16 (see above) shall be accompanied with the report of the physician designated by the Minister. Act 64 Ontario - Provincial A disabled person who has a major mental or physical impairment that is likely to continue for a prolonged period of time, and who, as a result thereof, is severely limited in activities pertaining to normal living, as verified by objective medical findings accepted by the Medical Advisory Board, and who is at least 18 years old, may be eligible for assistance. Regulation 1(5) A blind person who is a person with visual acuity in both eyes of less than 20/200 or with a field of vision less than 20°, with proper refractive lenses, and who is at least 18 years old, may be eligible for assistance. Regulation 1(5) A permanently unemployable person, who is unable to engage in remunerative employment for a prolonged period of time as verified by objective medical findings accepted by the Medical Advisory Board, and who is at least 18 years old, may be eligible for assistance. A person in this category can generally carry out most day-to-day activities but is unable to work because of some medical difficulty which is expected to continue for a long time. Regulation 1(5)(c); Policy 02-03-02(page 7) An additional benefit may be granted to a recipient with a severely handicapped dependent child. (see section 6.3) Regulation 32 Ontario - Municipal The general eligibility section specifically includes in the definition of "person in need" a person who, by reason of a disability, has budgetary requirements as determined in accordance with the regulations that exceed his income as determined by the regulations. Regulation 1(4) An unemployable person is defined as a person who is certified by a legally qualified medical practitioner as being unable to engage in remunerative employment by reason of physical or mental disability. Act 1 Manitoba - Provincial A person who is unable to earn an income sufficient to support himself or his dependents because of physical or mental incapacity or disorder that is likely to continue for more than 90 days, or who must be cared for in an institution may qualify for a provincial allowance. Act 5(1)(a) Where a person 55 years of age or older has been enroled for a parent's allowance or as the dependent of an eligible spouse and case eligibility terminates due to her children attaining independence, death of the spouse, etc., leaving the person without means of support, eligibility may be extended to that person on a disability basis if the person meets the medical assessment criteria. Persons who do not meet the medical assessment criteria and who are clearly lacking in work experience and immediate capacity for employment should be transferred to the Special Case category (i.e., requiring the approval of the Minister or the Minister's designate). Policy D0- 11-02 Eligibility for social allowance on the basis of disability is determined by the Medical Assessment Panel (District Director or Deputy Director of Income Security, Regional Medical Health Officer or private physician and regional representative from Personal Services division). The applicant must provide medical evidence by submitting the prescribed examination and report form completed by a physician or Medical Health Officer; a qualified psychologist may submit a report in cases of mental retardation. Policy D0-11-03, 04 The Medical Assessment Panel is responsible for: a) the assessment of a person's initial and continuing eligibility on the basis of disability (in case of disagreement between panel members, the final decision rests with the District Director or Deputy Director of Income Security); b) the establishment of the period of eligibility for assistance in these cases (max. two years before reassessment is required unless the District Director or Deputy Director authorizes a longer period); and c) the recommendation of specific treatment and/or rehabilitation plans necessary to restore an applicant's capacity for self-support, if applicable. Manitoba - Municipal Persons whose disability or illness is likely to continue for 90 days or less should apply to their municipality for assistance. Policy D0-11-02 Saskatchewan "Disabled person" means a person whose major reason for requiring assistance is, in the opinion of the administrator or his designate, a physical or mental disability. Regulation 2 "Unemployable person" means a person who, in the opinion of the administrator or his designate, is not capable of employment. Disability includes - physical or mental illness - physical or mental disability - unemployability resulting from personality problems - mental retardation. Policy 3-1-4 A disabled person, who is 18 years of age or older and is prevented from continuing school, may apply for assistance in his own right even if he continues to reside with his parent(s). Regulation 4(1) Alberta Social allowance may be granted to unemployable persons, which includes a person who, by reason of physical or mental incapacity is, incapable of earning an income sufficient to pay for the basic necessities for himself and his dependents, if any. Act 1(j) An adult applicant or recipient who has a severe handicap and is not eligible to receive an Old Age Security benefit may receive a handicap benefit (see section 5.3.9"a"). A person who claims that he is unemployable for reasons of physical or mental disability must have his claim substantiated by a medical report unless the disability is very obvious to the social worker. Policy 05-01-08 A client who must care for a child or spouse with a physical or mental incapacity and who has requested to be deemed unavailable for work or training for this reason is classified in the "Unavailable for Work/Training - Family Care Responsibilities" category of Transitional Support (see section 2.1); expectations concerning work or training for the client in this category are suspended during the period of care (see section 2.6). Policy 01-03-03 p. 5 British Columbia "Handicapped person" means an individual age 18 years or older who, at the discretion of the Director, has been designated as handicapped due to the individual being mentally ill or mentally retarded as defined in the provincial Mental Health Act, or due to the individual having a physical injury, amputation, or physical malfunction of the body. Regulation 2(12) Such designation shall be made only after a qualified medical practitioner has confirmed that the disability is apparently permanent and that there is no remedial therapy available for the individual to significantly lessen the disability, and provided the disability is sufficiently severe that: a) the individual requires extensive assistance or supervision to manage normal daily functioning; or b) as a direct result of the disability the individual requires unusual and continuous monthly expenditures for transportation or for special diets or for other unusual but essential and continuous needs. For purposes of the regulations, the foregoing definition excludes an individual who, regardless of any physical or mental disability, has not tried nor completed all possible training or retraining for employment and has not tried nor completed all possible remedial treatment to overcome the disability. The definition also excludes an individual whose reason for being unemployable is due primarily to causes other than those stated in the first paragraph of this subsection. Where a handicapped person in receipt of income assistance authorized under the regulations obtains employment and thereby becomes self-supporting, income assistance benefits authorized under the regulations shall be suspended during the period of self-support and reinstated without further medical tests of eligibility at any time that the individual ceases to be self-supporting, provided the individual continues to be a resident of the Province and assets do not exceed exemptions authorized under the regulations. Regulation 20 Yukon Any person who is over the age of 18 years but who has not reached the age of eligibility for OAS and who has been certified in writing by a duly qualified medical practitioner to be permanently and totally unemployable by reason of chronic disease or illness, physical or mental impairment or any other form of incapacity which permanently excludes him from the labour force shall be deemed to be a permanent exclusion from the labour force and eligible to apply for an allowance, provided need has been established in accordance with the provisions of the Social Assistance Regulations. Regs. Sched. "A" I(1) A married person deemed to be a permanent exclusion from the labour force is entitled to apply for an allowance, even if his spouse is employable, if his infirmity, illness or the nature of his incapacity is such as to require constant care and supervision in his home by the spouse and if no other suitable home care arrangements can be made. Regs. Sched. "A" I(3) Northwest Territories A person who, by reason of illness or disability, is found to be unable to provide adequately for himself and his dependents is eligible for assistance. Regulation 1