Disability Support Regulation

Disability Support Regulation, M.R. 164/2022 The Disability Support Act , C.C.S.M. c. D76 Regulation 164/2022 Registered December 16, 2022 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 ELIGIBILITY AND APPLICATIONS 2 Eligibility criteria 3 Automatic entitlement to supports 4 When other persons may apply for supports 5 Application requirements 6 Medical assessment 7 Assessment must show severe and prolonged disability 8 Functional assessment 9 Decision on application PART 3 DISABILITY SUPPORT AND SHELTER SUPPORT 10 Purpose 11 Calculating total monthly support payable 12 Director to determine amounts payable 13 Additional support 14 Disability supports payable 15 Shelter support 16 Calculating shelter support using median market rent PART 4 CALCULATING FINANCIAL RESOURCES 17 Calculating financial resources 18 Trust property exemption 19 Combined contribution limit for RDSP and trust 20 Supports may be provided until assets converted 21 Financial resources for funeral expenses 22 Consequences of transfer of assets 23 Deemed rent PART 5 MISCELLANEOUS PROVISIONS 24 Transitional health care benefits 25 Requirement to obtain other benefits 26 Requirement to report change in circumstances 27 Consequences of failure to report or obtain other benefits 28 Request for information 29 Information from trustee 30 Periodic review 31 Coming into force Schedule A Disability Supports B Shelter Support PART 1 INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "Act" means The Disability Support Act . («  Loi  ») "Assistance Regulation" means the Assistance Regulation , Manitoba Regulation 404/88 R, made under The Manitoba Assistance Act . («  Règlement sur les allocations d'aide  ») "community living disability services" means support services provided to adults living with an intellectual disability under The Adults Living with an Intellectual Disability Act . (« services d'intégration communautaire des personnes handicapées ») "department" means the department of government over which the minister presides. (« ministère ») "eligible rental accommodations" means living accommodations for which rent is payable, but does not include any of the following: (a) any living accommodations owned or operated by the Manitoba Housing and Renewal Corporation; (b) any living accommodations in respect of which ongoing shelter assistance is being paid by the Manitoba Housing and Renewal Corporation; (c) a hospital, including a facility as defined in The Mental Health Act ; (d) a personal care home; (e) [repealed] M.R. 115/2025 ; (f) any housing owned, operated or supported by a post-secondary educational institution; (g) a residential care facility, treatment facility or shelter; (h) accommodations that provide both room and board. (« logement locatif admissible ») "functional assessment" means an assessment of the impact of a disability on a person's activities of daily living and their participation in society conducted under section 8. (« évaluation des capacités fonctionnelles ») "household" means the applicant or recipient and all dependants of the applicant or recipient. (« ménage ») "licensed or approved residential care facility" means a facility which is licensed or with respect to which a letter of approval is issued by the licensing authority pursuant to the appropriate regulation made under The Social Services Administration Act . (« établissement de soins en résidence muni d'un permis ou agréé ») "medical assessment" means an assessment of an applicant completed by a physician or other medical professional under section 6. (« évaluation médicale ») "minor dependant" means a person under the age of 18 years who is supported by and resides with an applicant or recipient, but does not include (a) a ward of the Director of Child and Family Services or a child and family services agency under The Child and Family Services Act ; (b) a person under the age of 18 years who is residing temporarily with a person (i) under an agreement with the person's guardian, or (ii) while the person is in the care of, or under apprehension by, a child and family services agency; or (c) a spouse or common-law partner of a person, who is under 18 years of age. (« mineur à charge ») "net earnings" means the total of the following amounts: (a) employment earnings less compulsory payroll deductions; (b) self-employment earnings less self-employment expenses approved by the director. (« gains nets ») "personal care home" means a personal care home as defined under The Health Services Insurance Act . (« foyer de soins personnels ») "special care" means personal care, support services and supervision provided to an applicant or recipient in a residential facility approved by the director or that is provided in the home of an applicant or recipient with the approval of the director. (« soins spéciaux ») 1(2) For the purpose of the Act, a person has a severe and prolonged disability if they have a significant impairment or condition of the body or mind that is permanent or likely to be permanent. M.R. 52/2024 ; 115/2025 PART 2 ELIGIBILITY AND APPLICATIONS Eligibility criteria 2(1) A person may receive supports under the Act if (a) they are a Manitoba resident; (b) they are 18 years of age or over; (c) they meet the financial eligibility requirements set out in subsections (2) and (3); (d) they have a severe and prolonged disability; and (e) an assessment under this regulation determines that their disability results in the person experiencing significant barriers to the activities of daily living or full participation in society. 2(2) A person meets the financial eligibility requirements to receive supports under the Act if the monthly financial resources of their household as determined under Part 4 would be exceeded by the total of the following: (a) the income support that would be payable to them under Division 1 of Schedule A; (b) the total shelter support that would be payable to them under Schedule B; (c) the following monthly health care costs of their household: (i) essential medical and surgical care, (ii) essential optical supplies including eyeglasses where a duly qualified medical professional has certified that there is no systemic or ocular disease of the eye, (iii) such essential dental care, including dentures, as may be agreed upon from time to time between the minister and The Manitoba Dental Association and the minister and The Denturists Association, (iv) such essential drugs contained in the formulary established under The Pharmaceutical Act as may be prescribed by a physician. 2(3) If the combined net earnings of the members of the applicant's household earned in the 30 days before the day the application was made exceed the total of the amounts set out in clauses (2)⁠(a) to (c), the applicant is not eligible to receive supports under this Act. 2(4) The earnings of all children in a household who are in full-time attendance at an approved educational institution are not to be included in the calculation of household earnings in subsection (3). 2(5) A person is not eligible to receive supports under the Act if (a) they are incarcerated in a penitentiary, custodial facility or other place of detention; or (b) they are receiving any assistance or other benefits under The Manitoba Assistance Act . Automatic entitlement to supports 3(1) A person will automatically receive supports under the Act on the coming into force of this regulation if, immediately before the coming into force of this regulation, (a) they were receiving income assistance under clause 5(1)⁠(a) of The Manitoba Assistance Act ; and (b) they (i) were receiving Canada Pension Plan disability benefits, (ii) were receiving community living disability services, or (iii) were residing in a personal care home. 3(2) A person who satisfies the requirements set out in clauses (1)⁠(a) and (b) between the day this regulation comes into force and April 1, 2023 will automatically receive supports under the Act effective the date that those requirements are met. When other persons may apply for supports 4 A person, other than a person described in section 3, is eligible to apply for supports under the Act on or after April 1, 2023. Application requirements 5(1) A person applying for supports under the Act must apply to the department on a form approved by the director and provide all the information required on the form. 5(2) An applicant and their spouse or common-law partner must provide all the information or evidence requested by department officials to determine the applicant's eligibility for supports under the Act and the amount of support payable. Medical assessment 6(1) Subject to subsections (3) and (4), an applicant must submit a medical assessment completed by a physician or by another medical professional approved by the director. 6(2) The medical assessment must be made on a form approved by the director. 6(3) An applicant is not required to submit a medical assessment if they provide proof that (a) they are receiving Canada Pension Plan disability benefits; (b) they are receiving community living disability services; or (c) they reside in a personal care home. 6(4) The director may waive the requirement for an applicant to provide a medical assessment if the director is satisfied that the applicant meets the eligibility criteria set out in subsection 2(1). Assessment must show severe and prolonged disability 7 If an applicant is required to submit a medical assessment, their application will be rejected if the physician or other medical professional completing the medical assessment does not confirm that the applicant has a severe and prolonged disability. Functional assessment 8(1) Subject to subsection (2), if a medical assessment indicates that the applicant has a severe and prolonged disability, a functional assessment of the applicant must be conducted to determine the impact of the disability on their activities of daily living and their participation in society. 8(2) The director may exempt an applicant from the requirement to have a functional assessment if information contained in their application or medical assessment satisfies the director that the applicant's disability results in them experiencing significant barriers to the activities of daily living or full participation in society. 8(3) The director must (a) determine the qualifications of persons who conduct functional assessments; and (b) establish methods and procedures respecting the conduct of functional assessments. 8(4) An applicant must meet with a person conducting a functional assessment or participate in the assessment in the manner specified by the person conducting the assessment. Decision on application 9 After reviewing the information provided by an applicant as well as any medical assessment and functional assessment, the director may approve an application if they are satisfied that the applicant meets the eligibility criteria set out in subsection 2(1). PART 3 DISABILITY SUPPORT AND SHELTER SUPPORT DIVISION 1 GENERAL MATTERS Purpose 10 This Part sets out the supports that may be provided under the Act and the method of determining the amount of support payable to a recipient. Calculating total monthly support payable 11 The total amount of monthly support payable to a recipient is calculated in accordance with the following formula: A = (B + C) − D In this formula, A is the total amount of monthly support payable; B is the amount of monthly disability support payable as determined under Division 2; C is the amount of monthly shelter support payable as determined under Division 3; D is the monthly financial resources of the recipient's household, as determined under Part 4. Director to determine amounts payable 12 If a provision of this regulation does not specify the amount payable or the method used to determine the amount payable for a particular item or service, the amount payable is to be determined by the director. Additional support 13 Despite any other provision of this regulation, the director may authorize the payment of additional amounts to a recipient if the director determines that the particular circumstances of the recipient or a member of their household make such payment appropriate in the circumstances. DIVISION 2 DISABILITY SUPPORT Disability supports payable 14(1) The total amount of monthly disability support payable to a recipient consists of (a) the monthly income support payable under Division 1 of Schedule A, subject to adjustment under subsection (2) or (4); and (b) all applicable amounts that the recipient is entitled to under Division 2 of Schedule A. 14(2) If a recipient resides in an area of Manitoba north of latitude 53°00', or in an area east of Lake Winnipeg and north of latitude 51°12', the income support payable under Division 1 of Schedule A may be exceeded by an amount approved by the director. 14(3) If a physician has prescribed a special diet for a person, an additional amount approved by the director may be paid to cover additional costs arising from the diet. 14(4) The income support payable to a recipient may be reduced in accordance with terms authorized by the director if (a) the recipient does not incur certain expenses due to the particular nature of their living arrangements; or (b) the recipient is a resident of Selkirk Mental Health Centre or Eden Mental Health Centre. DIVISION 3 SHELTER SUPPORT Shelter support 15 The shelter support payable to a recipient is determined in accordance with Schedule B. Calculating shelter support using median market rent 16(1) The maximum shelter support payable for eligible rental accommodations is 77% of the median market rent for the applicable type of accommodation for the recipient's household, as determined under this section. 16(2) Median market rent is based on the median rent for apartments in Winnipeg as set out in the Primary Rental Market Survey conducted by Canada Mortgage and Housing Corporation. 16(3) The shelter support payable to a recipient (a) is determined on an annual basis for the period from July 1 to June 30 of the following year; and (b) is based on the median rents set out in the Primary Rental Market Survey conducted by Canada Mortgage and Housing Corporation in October of the previous year. 16(4) The applicable type of accommodation for a household is determined as follows: (a) household of two adults — one-bedroom apartment; (b) two-person household with a minor dependant — two-bedroom apartment; (c) household with three or four persons — two-bedroom apartment; (d) household with five or more persons — 3+ bedroom apartment. 16(5) In the case of a single-person household, the maximum shelter support payable is 77% of the average of the median market rent for a bachelor apartment and a one-bedroom apartment as determined under subsections (2) and (3). PART 4 CALCULATING FINANCIAL RESOURCES Calculating financial resources 17(1) When calculating the financial resources of a person, the director must exempt the following: (a) equity in the home in which the person resides and the property on which it is located that is essential to the home; (b) inventory and equipment essential to carrying on a viable farming or business operation; (c) liquid assets of up to $4,000 per person, to a maximum of $16,000 per household; (d) personal property essential to the health and well-being of members of the person's household, including household furnishings and personal clothing; (e) gifts of a recurring or non-recurring nature, to a maximum of $500 per month; (f) except when clause (h) applies, property of a value up to $40,000 that is held in trust for a dependent child of a person if (i) the trust property derives from compensation paid in respect of personal injury to the dependent child or the death of a parent, or person standing in the place of a parent, of the dependent child or from an inheritance from a parent, or person standing in the place of a parent, of the dependent child, (ii) the terms of the trust are evidenced in writing, and (iii) no property is removed from the trust without the prior consent of the director; (g) trust property as provided under section 18; (h) subject to section 19, contributions to a Canada Registered Disability Savings Plan to a maximum of $200,000, any growth or interest on those contributions and any withdrawals from that plan; (i) asset building accounts, such as Registered Education Savings Plans, individual development accounts and accounts under similar programs approved by the minister; (j) funds withdrawn from an asset building account referred to in subclause (i), if those funds are immediately applied toward the stated purpose of the asset building account; (k) employment and self-employment earnings as set out in subsections (8) to (14); (l) payments from roomers or boarders as follows: (i) 70% of gross income from boarders, and (ii) 10% of gross income from roomers; (m) the Canada Child Benefit, including any amount under the Child Disability Benefit; (n) foster home maintenance received on behalf of a child in the care of the Director of Child and Family Services or an agency as defined in The Child and Family Services Act ; (o) the Manitoba Cost of Living Tax Credit Plan and the Manitoba Property Tax Credit Plan provided under The Income Tax Act ; (p) start-up and operating grants for providers of family day care under the Manitoba Child Day Care Program; (q) the Goods and Services Tax Credit; (r) contributions other than ordinary maintenance to a recipient or to dependants who have additional needs; (s) a training incentive paid under an education. training or supportive program that the director has approved for a recipient or applicant, to a maximum of $200 per month; (t) 30% of gross monthly per diem payments received by a recipient licensed under the Manitoba Child Day Care Program as a provider of family day care services; (u) Working Income Tax Benefit payments from the Government of Canada; (v) the Manitoba Primary Caregiver's Tax Credit; (w) a participation allowance provided under the Manitoba Youth Transitional Employment Assistance Mentorship project; (x) supported guardianship payments from a child and family services authority to a person who is acting as the guardian for a child who was previously in care. 17(2) The director must also exempt the assets, compensation and other payments to a person set out in subsection 8(1)⁠(a) of the Assistance Regulation that are not set out in subsection (1). 17(3) Amounts received from roomers or boarders as described in clause (1)⁠(l), are not subject to a further exemption under clause (1)⁠(k). 17(4) In determining the financial resources of an applicant, amounts described in clauses (1)⁠(k) to (x) on hand or on deposit at the date of application must be treated as liquid assets under clause (1)⁠(c). 17(5) In determining the financial resources of a recipient, earnings described in clause (1)⁠(k) (a) are exempted from the calculation of financial resources in the year they are received; and (b) may be exempted at the discretion of the director for an additional reasonable period not exceeding 12 months. 17(6) In determining the financial resources of a recipient, amounts described in clauses (1)⁠(l) to (x) (a) are exempted from the calculation of financial resources in the month they are received; and (b) may be exempted at the discretion of the director for an additional reasonable period not exceeding 12 months following their receipt. 17(7) Any amounts described in clauses (1)⁠(k) to (x) that remain unexpended after the date they are exempted under subsection (5) or (6) are considered to be liquid assets under clause (1)⁠(c). 17(8) In calculating the financial resources of an applicant, the net earnings of each person in a household in the 30 days before the day the application was made are to be included in the calculation and are not to be treated as liquid assets under subsection (4). 17(9) In calculating the financial resources of a recipient, up to $12,000 of yearly net earnings of each person in a household, to a maximum of $18,000 per household, are to be excluded. 17(10) If a recipient begins to receive supports under the Act after the start of a year, the amounts set out in subsection (9) are to be prorated accordingly. 17(11) Despite subsections (8) and (9), the earnings of all children in a household who are in full-time attendance at an approved educational institution are not to be taken into account when calculating the financial resources of an applicant or recipient and subsections (4) to (7) do not apply to those earnings. 17(12) Despite any other provision of this regulation, if a recipient or a recipient's spouse or common-law partner is engaged in a self-employment program approved by the director, all income derived from the business operation is exempted from consideration as a financial resource for a period of up to 44 consecutive weeks, provided that all of the income not allocated for the payment of business expenses is reinvested in the business operation. 17(13) The director may extend the period of exemption under subsection (12) for up to eight additional weeks. 17(14) A household may not receive the exemption provided for in subsection (12) or (13) more than once. Trust property exemption 18(1) Subject to section 19 and subsections (3) and (4), when calculating the financial resources of an applicant or recipient, the director must exempt (a) contributions to a trust for an eligible person, to a maximum of $200,000; and (b) any growth or interest on those contributions. 18(2) An exemption for property held in trust referred to in subsection (1) may be claimed in respect of the following persons: (a) a recipient or an applicant who meets the eligibility criteria set out in subsection 2(1); (b) a spouse or common-law partner of a person referred to in clause (a) who meets the requirements to receive income assistance under clause 5(1)⁠(a) of The Manitoba Assistance Act ; (c) a dependent child of a person referred to in clause (a), if, in the opinion of the director, the child has a disability. 18(3) The director must not exempt any real property that is held in trust for an eligible person, or any growth in the value of real property held in trust. 18(4) Property held in trust is not exempt from the calculation of financial resources if it is directly or indirectly derived from money that is (a) compensation for loss of any type of income for an eligible person; (b) replacement of any type of income for an eligible person; or (c) a supplement to any type of income for an eligible person; even if the person's entitlement to the money accrued before, but the money was received after an application for supports under the Act was made. 18(5) Subject to section 19, once the total value of contributions to a trust for an eligible person reaches $200,000, no further exemption under this section is available in respect of further contributions made to the trust for that eligible person. 18(6) The following rules apply in determining the value of contributions to a trust for an eligible person: (a) if an exemption had never been claimed under this section, the initial contribution to a trust for an eligible person is deemed to be the total value of the property held in trust at the time of application; (b) except in the circumstances set out in clause (a), the value of a contribution to a trust is to be determined based on the value of the property at the time it was contributed to the trust. 18(7) The following disbursements from property held in trust are not included in calculating an applicant's or a recipient's financial resources: (a) disbursements for the purchase of disability-related items or services; (b) disbursements to purchase any items or services not covered by clause (a), up to an annual limit of $4,000 per person in the recipient's household, to a maximum amount of $16,000; (c) reasonable costs for the administration of the trust, including legal fees and income tax preparation; (d) money for the payment of taxes accruing from the property held in trust. 18(8) Each eligible person must have a separate trust. 18(9) An applicant or recipient must, in writing, provide to the director, the terms of each trust for each eligible person in their household, including the date the trust was established. 18(10) An applicant or recipient must provide the director with an annual financial statement for a trust established for each eligible person in their household that contains the following information: (a) the value of the trust assets as of December 31 of that year; (b) the contributions to the trust in that year; (c) particulars of all disbursements from the trust in that year. 18(11) An applicant or recipient must provide the annual financial statement to the director by the last day of February of the following year. 18(12) The following definitions apply in this section. "eligible person" means a person referred to in subsection (2). (« personne admissible ») "value" , in relation to property that is money, means the amount of the money, and in relation to other property, means the fair market value of the property. (« valeur ») Combined contribution limit for RDSP and trust 19 If a Canada Registered Disability Savings Plan and a trust under section 18 have been established for a person, the combined value of contributions to the Canada Registered Disability Savings Plan and the trust must not exceed $200,000 in order to be exempted from the calculation of the financial resources of a person. Supports may be provided until assets converted 20 A person with financial resources that are not immediately available for use may receive supports under the Act for a period of up to four months while their assets are being converted. Financial resources for funeral expenses 21 Despite any provision in this Part, when an applicant, recipient or dependant of an applicant or recipient dies, all financial resources of the deceased are considered to be available for funeral expenses. Consequences of transfer of assets 22 If, at any time within five years before, or at any time after, the date of application for supports under the Act, the director determines that an applicant or recipient or a dependant of an applicant or recipient has given away property or assigned or transferred any property for inadequate consideration to reduce their financial resources in order to qualify for supports, the director may (a) determine that the applicant or recipient is not eligible to receive supports under the Act; or (b) reduce the amount of support that would otherwise be payable by deeming (i) the property given away, assigned or transferred to be a financial resource of the applicant or recipient, and (ii) an amount that might reasonably have been earned as income from the property given away, assigned or transferred, or from investments of equivalent value, to be income available to the applicant or recipient. Deemed rent 23 If an applicant or recipient or their dependant owns premises that are occupied by another person who pays no rent, or rent that is less than market value, the director may include in the income of the person an amount that fairly represents the net value of the occupancy of the premises. PART 5 MISCELLANEOUS PROVISIONS Transitional health care benefits 24 A person who is no longer receiving supports under the Act may receive benefits in respect of health care costs referred to in Division 2 of Schedule A for 24 months after they stopped receiving supports under the Act. Requirement to obtain other benefits 25(1) An applicant or recipient and all members of their household must make all reasonable efforts to obtain the maximum amount of compensation, benefits or contributions to support and maintenance that may be available under another Act or program, including an Act of Canada or a program provided by the Government of Canada. 25(2) If supports under the Act are paid pending receipt of funds described in subsection (1), the director may require that the person entitled to the funds to assign to the department the right to receive a portion of the funds sufficient to recover any supports that would not have been paid if the funds had been available. Requirement to report change in circumstances 26(1) An applicant or recipient must immediately report to the director any material change in circumstances that may affect their entitlement to supports under the Act or the amount of support payable. 26(2) Without limiting the generality of subsection (1), the director must be notified of the following: (a) a change in health status; (b) a change in financial situation; (c) a change in marital or common-law status; (d) a change in the number of persons residing in the person's household; (e) a change in address. Consequences of failure to report or obtain other benefits 27 Where an obligation described in section 25 or 26 is not met, the director may deny, suspend or discontinue supports under the Act or reduce any future support payable by an amount not exceeding the amount that would not otherwise have been paid. Request for information 28 When requested by the director, a recipient and their spouse or common-law partner must provide information and evidence relating to their eligibility for supports under the Act and the amount of support payable, including information about their earnings. Information from trustee 29 A trustee or other person administering the assets or income of an applicant or recipient or the dependent child of an applicant or recipient must make available to the director information concerning the type and financial value of the assets and the amount of income in such detail as the director requires to determine eligibility for supports under the Act. Periodic review 30 The director must review the circumstances of each recipient on a periodic basis. The amount of any supports payable may be adjusted to reflect the results of the review. Coming into force 31 This regulation comes into force on the same day that section 3 of The Disability Support Act , S.M. 2021, c. 60, Schedule A, comes into force. SCHEDULE A (Subsection 14(1)) DISABILITY SUPPORTS DIVISION 1 MONTHLY INCOME SUPPORT Number of children 12–17 Years 7–11 Years 0–6 Years One Adult Person ($) Two Adult Persons ($) 0 0 0 0 580.94 795.54 1 1 0 0 757.54 981.14 0 1 0 717.74 941.34 0 0 1 685.54 909.14 2 2 0 0 943.14 1,158.34 0 2 0 863.54 1,078.74 0 0 2 799.14 1,014.34 1 1 0 903.34 1,118.54 0 1 1 831.34 1,046.54 1 0 1 871.14 1,086.34 3 3 0 0 1,120.34 1,353.54 0 3 0 1,000.94 1,234.14 0 0 3 904.34 1,137.54 2 1 0 1,080.54 1,313.74 2 0 1 1,048.34 1,281.54 0 2 1 968.74 1,201.94 1 2 0 1,040.74 1,273.94 1 0 2 976.34 1,209.54 0 1 2 936.54 1,169.74 1 1 1 1,008.54 1,241.70 SCHEDULE B (Section 15) SHELTER SUPPORT