SOCIAL ASSISTANCE
AND
RELATED PROGRAMS

("SARP")

1994

(Archive copy for historical purposes only)

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ADMINISTRATION
Payment to a Trustee

Newfoundland

Where it appears to an officer of the Department that a social assistance recipient is using or likely to use any part of assistance otherwise than for the benefit of persons in respect of whom it is granted, such assistance may be granted to a trustee. Act 10(1,2); Policy 117; Policy 100

Prince Edward Island

Where the Director decides that there is satisfactory evidence that a beneficiary, by reason of infirmity, illness, negligence, minority or other cause, is incapable of managing his own affairs, the Director may direct payment to any person or agency that he appoints for that purpose. Such person must enter into an agreement with the Director to administer and expend the assistance on behalf of the beneficiary. A person or agency so appointed is not entitled to any fee or other compensation or reward. Regulation 22

Nova Scotia - Provincial

If the administrator decides that a recipient is incapacitated or incapable of managing his own affairs, or is using, or is likely to use, the assistance for a purpose other than that purpose for which it was granted, he may direct that the assistance be paid to a trustee for the benefit of the recipient. Act 10; Policy 05-07-16, 17, 18

A trustee shall submit any information required by the Director concerning the administration of any trust monies. Regulation 49(5)

Nova Scotia - Municipal

Municipal Assistance in Halifax may be granted to a person appointed by the municipal authority for the purpose of administering any assistance granted to any other person who is
eligible therefor; the trustee so appointed is required to provide an annual accounting of monies held in trust to the municipal unit. Policy 1.3.4

New Brunswick

When a recipient, through infirmity, illness or any other cause, is unable to look after his own affairs, assistance may be paid to a trustee approved by the designated officer. A trustee so appointed must maintain a record showing the amount of assistance received, the amount expended and the balance remaining on a monthly basis or any alternative period of time approved by the designated officer (this provision may be waived by the designated officer). Regulation 11

Quebec

Where independent adults or the adult members of the family are unable, due to particular circumstances or in view of their past conduct in the administration of their property, to administer the benefits granted to them, the Minister may pay the benefits to a person or body he designates. Act 27
A person or agency designated by the Minister shall use the amount of the benefits in a reasonable manner, solely for the advantage of the independent adult or the family in respect of whom they are paid, and may not derive any direct or indirect advantage for himself or itself therefrom. Where the benefits accumulate, they must be invested in a reasonable manner, considering the amount in question, interest being added to the principal. Regulation 113

The staff of a reception centre or a hospital centre sheltering an adult, or persons practising their profession there, may not act as designated persons, except in the case of a person required to provide to that adult support payments within the meaning of the Civil Code. The Minister may designate the establishment itself. Regulation 114

A designated person or agency may not use funds constituted by benefits to pay expenses connected with the services that an establishment or a foster family must provide as part of its mission or to pay expenses incurred by a person in their service. Regulation 115

A designated person or agency may pay the reasonable cost of personal services that the establishment or the foster family provides to the beneficiary, without being required to do so, provided that it does not exceed the cost normally required for an equivalent service. Regulation 116

A designated person or agency shall keep separate accounts for each beneficiary of the funds constituted by benefits so that these funds may be identified and their existence verified, and he or it shall identify the deposits, withdrawals and accrued interest. Regulation 117

A designated person or agency shall submit annually to the Minister a report on the use of the benefits administered by him or it. Where the designated person or agency is an establishment, it shall keep a register of accounts in the manner provided for in section 117 and shall make it available to the Minister. Regulation 118

Ontario - Provincial

In the case of a recipient who, in the opinion of the Director, is using or likely to use his allowance otherwise than for his own benefit or is incapacitated or incapable of handling his affairs, the Director may appoint a person to act as trustee of that person, and receive the allowance for the benefit of the recipient. A trustee so appointed is not entitled to any fee, compensation or award, nor to any reimbursement for costs incurred by him. Act 10

Ontario - Municipal

Where in the opinion of the welfare administrator, or, where the applicant or recipient resides in territory without municipal organization, in the opinion of the regional welfare administrator, the applicant or recipient is using or is likely to use his assistance otherwise than for his own benefit or is incapacitated or is incapable of handling his own affairs, or is deceased, the welfare administrator or regional welfare administrator, as the case may be, may appoint a person to act for the applicant or recipient and the allowance may be paid for the benefit of the applicant or recipient to the person so appointed. Regulation 17(3,4); Policy GW-0104-02

Manitoba

A trustee or other person administering the assets or income of a client is required to provide any and all information requested concerning the type and value of assets and the amount of income in order to allow for the determination of eligibility. Provincial Regulation 8(1.1); Municipal Regulation 15

Saskatchewan

When a client is incapable of managing his own affairs, a trustee may be appointed to administer the allowance in the best interest of the client.
Any responsible person (excluding a departmental employee involved with the Saskatchewan Assistance Plan) who is prepared to administer the allowance in the client's best interest may be a trustee. The usual trustees are the client's family, contracted organizations, private or public trustees and the General Trust Account of the Department of Social Services. Policy 9-2-1

The trustee fee-for-service allowance per client is $46.50 per month for a private trustee and $63.50 per month for a contracted organization. Services provided in return for this allowance include administering the client's finances, advising the Department when the client's circumstances change and providing supportive services (such as menu planning, consumer education, locating suitable accommodation when the client is moving, etc.). No trustee allowance shall be paid to family members or to staff, operators or members of the board of approved homes or licensed special care facilities. A private trustee must submit a completed trustee accounting form or other appropriate accounting ledgers at least once every 12 months; a contracted organization must do so every six months. Policy 9-2-3, 4

Alberta

Where a recipient is incapacitated and unable to conduct his own affairs, or if the Director considers that he is using or is likely to use his social allowance or handicap benefit otherwise than for his own benefit, a trustee may be appointed by the Director to ensure that the allowance or benefit is used for the benefit of the recipient. The trustee so appointed shall be advised of his/her responsibility to use benefits for the purpose intended and of the requirement to provide an annual accounting of his/her administration of funds on request. Act 11; Policy 02-05-05

British Columbia

Income assistance is payable by cheque, cash, scrip or in kind to a recipient or to his or her trustee or guardian. Regulation 11
A trustee or other person administering a recipient's assets or income shall make available to the administering authority information concerning the type and financial value of assets and the amount of income in such detail as required to determine an individual's eligibility for assistance. Regulation 5

Where no appropriate person or agency is prepared to volunteer to administer the client's funds, a fee-for-service arrangement to administer the funds can be considered; since August 1993, the maximum fee is $25 per client per month. Policy 3.29

Yukon

Where a recipient is incapable of managing his own affairs, or in circumstances where the Director deems it to be in the best interest of the applicant and his dependents, assistance may be provided by payment to a trustee. Regulation 11

Where payment is made to a trustee, he shall account to the officer authorizing the assistance in a manner approved by the Director at such intervals as the Director requires, but in any event not less than once per year.

Northwest Territories

Where assistance under the Social Assistance Act is paid to a trustee on behalf of a recipient, the trustee shall account to the officer granting the assistance in a manner approved by the Director and at intervals of not longer than three months. Regulation 12(3,4)

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Gilles Séguin (This link takes you to my personal page)
E-MAIL: gilseg@rogers.com