Seniors Benefit Act

SENIORS BENEFIT ACT Chapter S‑7 Table of Contents 1 Definitions 2 Eligibility for benefits 2.1 Annual cash benefit 2.2 Special needs component 3 Appeal 4 Alienation of benefits prohibited 5 Recovery of benefits 6 Regulations Schedule HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “accommodation adjustment date” means the accommodation adjustment date specified in the regulations; (a.1) “accommodation adjustment year” means the period from the accommodation adjustment date of the specified year to the last day of the 12th month after the accommodation adjustment date; (a.2) repealed 2024 c15 s10; (a.21) “Alberta escalator” means the Alberta escalator as defined in section 44.2 of the Alberta Personal Income Tax Act ; (a.3) “beneficiary” means a person who receives a benefit under this Act; (b) “benefit” means a benefit authorized to be paid under this Act; (b.1) “benefit adjustment date” means the benefit adjustment date specified in the regulations; (b.2) “benefit adjustment year” means the period from the benefit adjustment date of the specified year to the last day of the 12th month after the benefit adjustment date; (b.3), (b.4) repealed 2024 c15 s10; (c) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act. RSA 2000 cS‑7 s1;2018 c17 s4;2024 c15 s10 Eligibility for benefits 2 In accordance with this Act and the regulations, the Minister may pay a benefit in the amount determined in accordance with this Act and the regulations to every person who is eligible under this Act and the regulations. RSA 2000 cS‑7 s2;2018 c17 s4 Annual cash benefit 2.1 (1) A benefit under section 2 may be an annual cash benefit. (2) An annual cash benefit may consist of one or more of the following: (a) an income supplement component; (b) an accommodation assistance component; (c) a supplementary accommodation assistance component. (3) The maximum annual cash benefit referred to in section 4 of the Schedule and the maximum annual supplementary accommodation assistance component referred to in section 5 of the Schedule are (a) effective January 1, 2025, the amounts set out in the Schedule or determined in accordance with the Schedule, and (b) effective January 1, 2026, the amounts adjusted annually in accordance with the Schedule. (4) The amount of a supplementary accommodation assistance component under section 5 of the Schedule is determined in accordance with the Schedule and is (a) subject to clause (b), the amount set out in the Schedule, and (b) effective the accommodation adjustment date of each accommodation adjustment year, an amount adjusted each accommodation adjustment year in accordance with the Schedule. (5) The amount of a supplementary accommodation assistance component under section 7 of the Schedule is determined in accordance with the Schedule and includes (a) a monthly disposable income amount, which is (i) effective January 1, 2025, the amount set out in the Schedule or determined in accordance with the Schedule, and (ii) effective January 1, 2026, an amount adjusted annually in accordance with the Schedule, and (b) an accommodation charge portion, which is (i) subject to clause (b), the amount set out in the Schedule, and (ii) effective the accommodation adjustment date of each accommodation adjustment year, an amount adjusted each accommodation adjustment year in accordance with the Schedule. (6) Repealed 2024 c15 s10. (7) Despite subsections (3), (4) and (5), the amounts referred to in those subsections may be increased at any time in accordance with the regulations. 2018 c17 s4;2019 c18 s17;2024 c15 s10 Special needs component 2.2 (1) A benefit under section 2 may contain a discontinuous special needs component. (2) The non‑deductible income amount used to calculate eligibility for the discontinuous special needs component of a benefit is (a) subject to clause (b), the amount set out in the Schedule, and (b) effective the benefit adjustment date of each benefit adjustment year, an amount adjusted annually in accordance with the Schedule. (2.1) The amounts used to determine eligibility for a discontinuous special needs component of a benefit are (a) subject to clause (b), the amount set out in the Schedule, and (b) effective the benefit adjustment date of each benefit adjustment year, an amount adjusted annually in accordance with the Schedule. (3) The maximum amount of a discontinuous special needs component of a benefit is (a) effective January 1, 2025, the amount set out in the Schedule or determined in accordance with the Schedule, and (b) effective January 1, 2026, an amount adjusted annually in accordance with the Schedule. (4) A discontinuous special needs component of a benefit may be classified into primary and secondary funded items in accordance with the regulations. (5) Subject to the Schedule and the regulations, the maximum amount that may be paid for a primary or secondary funded item under the discontinuous special needs component of a benefit is (a) effective January 1, 2025, the amount set out in the Schedule or determined in accordance with the Schedule, and (b) effective January 1, 2026, an amount adjusted annually in accordance with the Schedule. (6) Repealed 2024 c15 s10. (7) Despite subsections (3) and (5), the maximum amount of a discontinuous special needs component of a benefit or the maximum amount that may be paid for a primary or secondary funded item may be increased at any time in accordance with the regulations. 2018 c17 s4;2019 c18 s17;2024 c15 s10 2.3 and 2.4 Repealed 2024 c15 s10. Appeal 3 A person who is refused a benefit or wishes to appeal the amount of a benefit may appeal in accordance with the regulations. 1994 cS‑13.3 s3 Alienation of benefits prohibited 4 (1) A benefit may not be assigned or given as security. (2) A transaction that purports to assign or give as security a benefit is void. 1994 cS‑13.3 s4 Recovery of benefits 5 (1) A person who has received a benefit to which the person is not entitled must, as soon as possible, return the amount of the benefit to the Minister. (2) If a person has received a benefit to which the person is not entitled, the amount of that benefit may be recovered as a debt due to His Majesty in proceedings commenced (a) at any time, when that person made a wilful misrepresentation or committed fraud for the purpose of receiving the benefit, or (b) when clause (a) does not apply, within 6 years of the receipt of the benefit. (3) If a person is or subsequently becomes a beneficiary, an amount described in subsection (1) may, in accordance with the regulations, be deducted and retained out of any benefit payable to that person. (4) If a person has received money under the Senior Citizens Benefits Act , RSA 1980 cS‑12, or the Property Tax Reduction Act , RSA 1980 cP‑19, to which the person is not entitled and if that person is or subsequently becomes a beneficiary, the amount of that money may, in accordance with the regulations, be deducted and retained out of any benefit payable to that person. RSA 2000 cS‑7 s5;AR 217/2022 Regulations 6 The Lieutenant Governor in Council may make regulations (a) respecting the types of benefits that may be paid; (a.1) respecting eligibility for receipt of a benefit; (b) respecting the amount of a benefit that may be paid to a beneficiary and the method by which the amount of the benefit is calculated; (b.1) respecting increases to the amounts of benefits or amounts used to calculate benefits or eligibility for benefits, including regulations (i) respecting the amounts of increases or the manner in which the amounts of increases are to be determined; (ii) respecting the timing of increases; (b.2) respecting accommodation adjustment dates and benefit adjustment dates; (b.3) respecting matters arising when an accommodation adjustment date or a benefit adjustment date is changed, including the manner in which adjustments to benefits or amounts used to calculate benefits or eligibility for benefits are calculated; (c) respecting the payment of a benefit, including the retroactive payment of a benefit; (d) respecting appeals under section 3; (e) respecting deductions under section 5; (f) respecting the payment of a benefit to another person on behalf of a beneficiary and how a benefit paid to such a person is to be used on behalf of the beneficiary and be accounted for; (g) respecting the provision of information about a person to a person who administers the Health Insurance Premiums Act or the Minister responsible for that Act, for the purposes of administering section 4 of that Act; (h) respecting the types of accommodation whose residents may be eligible for a benefit; (i) classifying primary and secondary funded items for the purpose of the special needs component of a benefit; (j) respecting the maximum amount that may be paid for primary or secondary funded items; (k) defining a word or expression that is used in this Act but not defined. RSA 2000 cS‑7 s6;2018 c17 s4;2019 c18 s17;2024 c15 s10 Schedule Definitions 1 In this Schedule, (a) “adult interdependent partner” means an adult interdependent partner as defined in the regulations; (a.1) “continuing care home” means a continuing care home as defined in the regulations; (b) “designated assisted living unit” means a designated assisted living unit as defined in the regulations; (c) “income for calculating benefits” means income for calculating benefits as defined in the regulations; (d) “long‑term care centre” means a long‑term care centre as defined in the regulations; (e) “senior” means a senior as defined in the regulations; (f) “senior couple” means a senior couple as defined in the regulations; (g) “single senior” means a single senior as defined in the regulations; (h) “spouse” means a spouse as defined in the regulations; (i) “total income” means total income as defined in the regulations. Adjustment Calculation of adjusted benefit amounts 2 A benefit or an amount used to calculate a benefit or eligibility for a benefit that is to be adjusted under section 2.1(3)(b) or (5)(a)(ii) or 2.2(3)(b) or (5)(b) of this Act must be adjusted by an amount equal to (a) the benefit amount or amount for the previous calendar year, including any increase to that amount made under this Act or the regulations, multiplied by (b) the Alberta escalator. 3 Repealed 2024 c15 s10. Calculation of Benefit Amounts Income supplement and accommodation assistance components 4 (1) The income supplement component and accommodation assistance component of an annual cash benefit are based on (a) the applicant’s relationship status, (b) the applicant’s accommodation status, and (c) subject to subsections (2) and (3), the income for calculating benefits of the applicant or the individuals in a senior couple, as the case may be, reduced by the applicable percentage set out in Column 2 of Table 1 and the maximum annual cash benefit set out in Column 3 of Table 1. (2) Repealed 2024 c15 s10. (3) Each time adjustments are made to the maximum annual cash benefit under section 2.1(3)(b) of this Act or to the non‑deductible income amount under section 8, the applicable percentage referred to in subsection (1)(c) must be adjusted in accordance with the following formula: P = M I where P is the percentage referred to in subsection (1)(c), rounded to 2 decimal places as adjusted; M is the adjusted maximum annual cash benefit; I is the non‑deductible income amount under section 8 for a single senior or a senior couple, as applicable. (4) The income supplement component and accommodation assistance component are calculated by reducing the maximum annual cash benefit by the income for calculating benefits as reduced under subsection (1). (5) A senior who is not eligible for Old Age Security may receive the supplementary accommodation assistance component of the benefit under section 5 or 7. Table 1 Accommodation and Relationship Category Percentage Maximum Annual Cash Benefit Homeowner Single senior Senior couple 15.89% 15.92% $3868 $5801 Renter Single senior Senior couple 15.89% 15.92% $3868 $5801 Lodge Resident Single senior Senior couple 15.89% 15.92% $3868 $5801 Continuing Care Home Single senior Senior couple 15.89% 15.92% $3868 $5801 All other Accommodation Single senior Senior couple 11.08% 14.80% $2695 $5388 Supplementary accommodation assistance — recipients before October 1, 2007 5 (1) Subject to section 6, this section applies to an individual living in a continuing care home where (a) the continuing care home was a long‑term care centre or designated assisted living unit immediately before the coming into force of the Continuing Care Act , and (b) the individual entered the long‑term care centre or designated assisted living unit before October 1, 2007. (2) The annual supplementary accommodation assistance component of an annual cash benefit is based on (a) the applicant’s accommodation status and, if applicable, the accommodation status of the applicant’s spouse or adult interdependent partner, and (b) subject to subsections (3), (4) and (5), the income for calculating benefits of the applicant, or one half of the combined incomes of the individuals in a senior couple, as the case may be, reduced by the applicable percentage set out in Column 2 of Table 2 and the maximum annual supplementary accommodation assistance component of the benefit set out in Column 3 of Table 2. (3) Effective the accommodation adjustment date of each accommodation adjustment year, the maximum annual supplementary accommodation assistance component of the benefit referred to in subsection (2)(b) must be adjusted by the amount of the increase in the maximum daily accommodation charge set under the Continuing Care Act in respect of a private room that is in effect on the first day of the month after the accommodation adjustment date multiplied by 365. (4) Repealed 2024 c15 s10. (5) Each time the maximum annual supplementary accommodation assistance component of the benefit is adjusted under subsection (3) or section 2.1(3)(b) of this Act, the applicable percentage referred to in subsection (2)(b) must be adjusted in accordance with the following formula: P = M I where P is the percentage referred to in subsection (2)(b), rounded to 2 decimal places as adjusted; M is the adjusted maximum annual supplementary accommodation assistance; I is the non‑deductible income amount under section 8 for a single senior. (6) The annual supplementary accommodation assistance component of the benefit is calculated by reducing the maximum annual supplementary accommodation assistance component of the benefit by the income for calculating benefits as reduced under subsection (2)(b). Table 2 Accommodation and Relationship Category Percentage Maximum Annual Supplementary Accommodation Assistance Component Continuing Care Home 82.28% $19 934 Supplementary accommodation assistance — recipients immediately prior to October 1, 2007 6 (1) This section applies to an individual living in a continuing care home where (a) the continuing care home was a long‑term care centre or designated assisted living unit immediately before the coming into force of the Continuing Care Act , and (b) the individual entered the long‑term care centre or designated assisted living unit immediately prior to October 1, 2007. (1.1) An individual referred to in subsection (1) may receive the supplementary accommodation assistance component of the benefit calculated in accordance with section 7 instead of in accordance with section 5 if the calculation in accordance with section 7 results in a higher benefit for that individual. (2) Where an individual referred to in subsection (1) receives the supplementary accommodation assistance component of the benefit as calculated in accordance with section 7, that individual’s payment must continue to be calculated in accordance with section 7 and must not thereafter be calculated in accordance with section 5. (3) If one or both individuals in a senior couple is in a continuing care home, the couple may choose for the purpose of calculating eligibility for a benefit under this Act to have their income totalled and divided by 2 and the couple treated as 2 single seniors occupying separate dwellings. Calculation of supplementary accommodation assistance 7 (1) Subject to section 6, this section applies to (a) an individual living in a continuing care home who enters the continuing care home on or after the coming into force of the Continuing Care Act , and (b) an individual living in a continuing care home where (i) the continuing care home was a long term care centre or designated assisted living unit immediately before the coming into force of the Continuing Care Act , and (ii) the individual entered the long term care centre or designated assisted living unit on or after October 1, 2007. (2) The supplementary accommodation assistance component of the benefit is calculated monthly (a) by adding to the maximum monthly accommodation charge set under the Continuing Care Act in respect of a private room, a monthly disposable income amount of (i) subject to subclause (ii), $365, or (ii) effective January 1, 2026, an amount adjusted annually in accordance with section 2, and (b) by subtracting from the amount calculated under clause (a) the monthly average of the previous year’s total income, not including any supplementary accommodation assistance component of the benefit received in the previous year, of the applicant and, if applicable, the applicant’s spouse or adult interdependent partner. (3) Subject to subsections (4), (5) and (6), the maximum amount of the supplementary accommodation assistance component of the benefit calculated under this section must not exceed $710. (4) Effective the accommodation adjustment date of each accommodation adjustment year, the maximum amount of the supplementary accommodation assistance component under subsection (3) must be adjusted annually on the accommodation adjustment date, as required, by an amount determined by the formula where X is the maximum amount of the supplementary accommodation assistance component under subsection (3); A is the maximum monthly accommodation charge set under the Continuing Care Act in respect of a private room that is in effect on the first day of the month after the accommodation adjustment date; B is the monthly disposable income amount added to the maximum monthly accommodation charge under subsection (2)(a); C is the combined maximum annual amount, not including retroactive payments, of Old Age Security, not adjusted for deferral, and Guaranteed Income Supplement payable to a single senior and the maximum benefit payable to a single senior under section 4, in the previous calendar year. (5) The amount of the maximum supplementary accommodation assistance component under subsection (3) must be adjusted annually when the monthly disposable income amount under subsection (2)(a) is adjusted under section 2 using the formula in subsection (4). (6) If the adjusted amount of the supplementary accommodation assistance component as determined under subsection (4) or (5) is less than the amount of the supplementary accommodation assistance component at the time the adjusted amount is calculated, the amount of the supplementary accommodation assistance component must not be adjusted. Non‑deductible income amount 8 (1) The non‑deductible income amount is (a) $21 030 for single seniors, and (b) $31 480 for senior couples. (2) Effective the benefit adjustment date of each benefit adjustment year, the non‑deductible income amount is the non‑deductible income amount in the previous benefit adjustment year increased annually by a percentage equivalent to the Pension Index under the Canada Pension Plan (Canada) that was applicable for the calendar year that ended before the commencement of the benefit adjustment year. (3) The Minister, in consultation with the Minister responsible for the Financial Administration Act , shall determine the amount by which the non‑deductible income amount is to be adjusted for a benefit adjustment year if (a) the method of calculating the Pension Index is modified by the Government of Canada, or (b) the change in the Pension Index cannot be determined for any reason. Special needs component 9 (1) In this section, “primary funded items” and “secondary funded items” mean the items classified as such under the regulations. (2) An applicant is eligible for a discontinuous special needs component of a benefit if (a) the applicant is eligible under the regulations, and (b) in the case of primary funded items and an applicant who is a single senior, the applicant’s total income, after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the applicant in the calendar year immediately preceding the benefit adjustment year, is less than (i) $28 150, or (ii) effective the benefit adjustment date of each benefit adjustment year, the sum of (A) the single senior non‑deductible income amount under section 8 for the benefit adjustment year, plus (B) an amount equal to the maximum annual amount, not including retroactive payments and not adjusted for deferral, of the monthly pension payable to a single senior under the Old Age Security Act (Canada) in the calendar year that ended before the commencement of the benefit adjustment year, adjusted annually, (c) in the case of primary funded items and an applicant who is part of a senior couple, the senior couple’s total income, after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the senior couple in the calendar year immediately preceding the benefit adjustment year, is less than (i) $45 720, or (ii) effective the benefit adjustment date of each benefit adjustment year, the sum of (A) the senior couple non‑deductible income amount under section 8 for the benefit adjustment year, plus (B) an amount equal to double the maximum annual amount, not including retroactive payments and not adjusted for deferral, of the monthly pension payable to a single senior under the Old Age Security Act (Canada) in the calendar year that ended before the commencement of the benefit adjustment year, adjusted annually, (d) in the case of secondary funded items and an applicant who is a single senior, the applicant’s total income, after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the applicant in the calendar year immediately preceding the benefit adjustment year, is less than (i) $23 750, or (ii) effective the benefit adjustment date of each benefit adjustment year, the sum of (A) the single senior non‑deductible income amount under section 8 for the benefit adjustment year, plus (B) an amount equal to the maximum annual amount, not including retroactive payments and not adjusted for deferral, of the monthly pension payable to a single senior under the Old Age Security Act (Canada) in the calendar year that ended before the commencement of the benefit adjustment year, adjusted annually, and (e) in the case of secondary funded items and an applicant who is part of a senior couple, the senior couple’s total income, after deducting the supplementary accommodation assistance benefit and Canada Pension Death benefit paid to the senior couple in the calendar year immediately preceding the benefit adjustment year, is less than (i) $37 520, or (ii) effective the benefit adjustment date of each benefit adjustment year, the sum of (A) the senior couple non‑deductible income amount under section 8 for the benefit adjustment year, plus (B) an amount equal to double the maximum annual amount, not including retroactive payments and not adjusted for deferral, of the monthly pension payable to a single senior under the Old Age Security Act (Canada) in the calendar year that ended before the commencement of the benefit adjustment year, adjusted annually. (3) The maximum amount that an applicant is eligible to receive under subsection (2) in a benefit adjustment year, regardless of the number of claims made in the benefit adjustment year, is $5756. Maximum amounts of primary and secondary funded items 10 (1) Subject to the regulations and subsection (2), if a maximum amount that may be paid for a primary or secondary funded item has been designated under the regulations, the maximum amount that may be paid for that funded item must be adjusted annually in accordance with section 2. (2) Subsection (1) does not apply to the maximum amount that may be paid for a funded item that is (a) a reimbursement of an actual cost, (b) an amount established in an agreement entered into by the Minister, or (c) based on an amount that is determined under another enactment or under a Government program. 2018 c17 s4;2019 c18 s17;2022 cC‑26.7 s79.1;2024 c15 s10