The Disability Support Act

The Disability Support Act, C.C.S.M. c. D76 (Assented to October 14, 2021) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Purpose 3 Disability support 4 Shelter support 5 Additional payments or services 6 Determination of financial resources 7 Combining payments 8 Legal aid not to be considered 9 Application 10 Variation of support 11 Appeals 12 Court of Appeal fees and costs 13 Director 14 Payments from Consolidated Fund 15 Action on behalf of recipient 16 Funding agreements with Government of Canada 17 Reciprocal agreements 18 Agreements re services 19 Annual report 20 Repealed 21 Recovery of overpayments 22 Right of set-off 23 Offence and restitution 24 Regulations 25 Transitional provision 26-29 Consequential amendments 30 C.C.S.M. reference 31 Coming into force WHEREAS Manitobans living with severe and prolonged disabilities face multiple and connected barriers to full community participation and social and economic inclusion; AND WHEREAS persons living with severe and prolonged disabilities have distinct financial, service and accommodation needs; AND WHEREAS income and income security are key determinants of social and economic inclusion; AND WHEREAS there is a societal responsibility to eliminate barriers faced by persons living with severe and prolonged disabilities and to accommodate their needs; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: INTRODUCTORY PROVISIONS Definitions 1(1) The following definitions apply in this Act. "appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act . (« Commission d'appel ») "applicant" means an individual applying for disability support, shelter support or any other payment or service under this Act. (Version anglaise seulement) "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with the other person (a) in a conjugal relationship of some permanence; or (b) in circumstances that indicate to the director that their relationship is conjugal. (« conjoint de fait ») "dependant" , with respect to any person, means the person's spouse or common-law partner, including any child under the age of 18 years who is dependant upon the person for support but excluding the spouse or common-law partner of that child. (« personne à charge ») "director" means the person designated as the director under section 13. (« directeur ») "disability support" means an amount paid to a recipient in accordance with section 3. (« soutien pour personne handicapée ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "recipient" means an individual receiving disability support, shelter support or any other payment or service under this Act. (« bénéficiaire ») "regulation" means a regulation made under this Act. (« règlement ») "shelter support" means an amount paid to a recipient in accordance with section 4. (« soutien au logement ») Reference to "Act" includes regulations 1(2) A reference to "this Act" includes the regulations made under this Act. Purpose 2 The purpose of this Act is to provide financial assistance to Manitobans who live with a severe and prolonged disability and have insufficient means of supporting themselves. ENTITLEMENT TO SUPPORT Disability support 3 A person who has a severe and prolonged disability and who meets the eligibility criteria established in the regulations is entitled to receive disability support in an amount determined in accordance with the regulations. Shelter support 4(1) A person who receives disability support and who meets the eligibility criteria established in the regulations is entitled to also receive shelter support in an amount determined in accordance with the regulations. Maximum shelter support — 75% of median market rent 4(2) The maximum set out in the regulations for shelter support payable to a person who resides in eligible rental accommodations as defined in the regulations must be at least 75% of the median market rent in relation to that person's household. Median market rent is to be determined annually in accordance with the regulations. Additional payments or services 5 Subject to the regulations, a person receiving disability support or shelter support may be provided with additional payments or services as the director considers appropriate. Financial resources 6(1) The financial resources of an applicant or recipient must be taken into account in determining their eligibility for a payment under this Act. Determination of financial resources 6(2) For the purpose of subsection (1), subject to any prescribed exclusions, an applicant's or recipient's financial resources include the following: (a) all income from any source received by the applicant or recipient, their spouse or common-law partner or any of their dependants; (b) all real and personal property held by the applicant or recipient, their spouse or common-law partner or any of their dependants; (c) gifts and gratuities, whether in cash or in kind, received on a one-time or recurring basis by the applicant or recipient, their spouse or common-law partner or any of their dependants; (d) the value, as determined by the director, of free shelter, free board or free lodging received by the applicant or recipient, their spouse or common-law partner or any of their dependants. Combining payments 7 If an applicant or recipient is eligible for more than one type of payment under this Act, the amounts may be combined into a single payment. Legal aid not to be considered 8 Legal aid received by an applicant or recipient under The Legal Aid Manitoba Act must not be considered in determining (a) their eligibility for disability support or shelter support; or (b) the amount of support payable. APPLICATION How to apply 9(1) An application for disability support, shelter support or any other payment or service under this Act must be made to the director in accordance with the regulations. Duty to provide information 9(2) An applicant and their spouse or common-law partner must provide any information required to determine the applicant's eligibility, including personal health information as defined in The Personal Health Information Act . Disability assessment 9(3) An applicant may be required to undergo a disability assessment, including a medical examination. Granting or denying application 9(4) After considering the application, the director may grant or deny the application. Documentation if application denied 9(5) If the director denies the application, the director must, as soon as practicable, provide the applicant with (a) written reasons for the denial; and (b) a statement setting out the applicant's right to appeal the decision under section 11. Duty to notify of change 10(1) An applicant or recipient must notify the director of any of the following within 30 days after the event occurs: (a) a significant change in their ability to carry on employment or to engage in their activities of daily living; (b) a change in their income or the income of their spouse or common-law partner or any of their dependants; (c) a change in their assets or a change in the assets of their spouse or common-law partner or any of their dependents; (d) a change with respect to any other matter set out in the regulations. Variation of support 10(2) If, based on a notification under subsection (1) or on any other information received, the director has grounds to believe that the type or level of disability support, shelter support or any other payment or service to be provided to the recipient under section 3, 4 or 5 has changed, or the recipient is no longer eligible to receive it, the director may (a) discontinue, suspend or reinstate the support, payments or service; or (b) vary the support, payments or service being provided. Notice of variation 10(3) As soon as practicable after making a decision under subsection (2), the director must provide notice of the discontinuance, reduction, suspension, increase or variance to the recipient, together with (a) written reasons for the decision; and (b) a statement setting out the right of the recipient to appeal the decision under section 11. APPEALS TO SOCIAL SERVICES APPEAL BOARD Right to appeal 11(1) A person may appeal to the appeal board if the person is of the view that they were treated unfairly because (a) they were not allowed to apply or re-apply for disability support, shelter support or any other payment or service under this Act; (b) their application was not decided within a reasonable time; (c) their application was denied; (d) their disability support, shelter support or any other payment or service under this Act was discontinued, reduced, varied or suspended; or (e) the amount of disability support, shelter support or other payments under this Act, or the level of services provided under this Act, is insufficient to meet their needs. Social Services Appeal Board Act applies 11(2) The Social Services Appeal Board Act applies to the appeal. Interpretation 11(3) For the purpose of subsection 12(1) of The Social Services Appeal Board Act , an appeal under clause (1)⁠(a) or (b) of this Act is deemed to be an appeal of a decision of the director. Required appeal documents 11(4) For the purpose of clause 15(2)⁠(b) of The Social Services Appeal Board Act , the director must provide the appeal board with the following documents: (a) a copy of the appellant's application; (b) particulars of the financial resources of the appellant; (c) evidence that the director provided the notice and written reasons, if any, required by section 9 or 10. Court of Appeal fees and costs 12 Despite any fees prescribed under The Court Services Fees Act , no fee is payable in respect of an appeal of a decision of the appeal board to the Court of Appeal. But the Court of Appeal may award costs in respect of a successful or unsuccessful appeal. S.M. 2024, c. 9, s. 13 . ADMINISTRATION Designation of director 13(1) The minister may designate an individual appointed under Part 3 of The Public Service Act as the director for the purposes of this Act. Delegation by director 13(2) The director may, in writing, authorize a person or class of persons employed under the minister to perform any of the director's duties or exercise any of the director's powers under this Act. S.M. 2023, c. 10, s. 10 . Payments from Consolidated Fund 14 Amounts required for the administration of this Act, including the provision of support under this Act, may be paid out of the Consolidated Fund with money appropriated by or under another Act of the Legislature for the purpose of this Act. Action on behalf of recipient 15 If a recipient has a right to bring an action against any person who is or may be liable to the recipient for the payment of money but has not brought the action, the director may bring the action in the recipient's name. Funding agreements with Government of Canada 16 With the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the Government of Canada under which the Government of Manitoba is reimbursed for all or part of its costs incurred in providing disability support, shelter support or any other payment or service under this Act, including administrative costs. Reciprocal agreements 17 With the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the Government of Canada or with the government of another province or territory of Canada respecting (a) the payment of disability support, shelter support or other payments under this Act, or the provision of any service under this Act, to persons who are in Manitoba temporarily but are not residents of Manitoba; or (b) the payment of an allowance similar to disability support, shelter support or other payments under this Act, or the provision of any service similar to a service provided under this Act, to residents of Manitoba who are temporarily in another province or territory of Canada. The agreement may be subject to terms and conditions the minister considers appropriate. Agreements re services 18 The minister may enter into agreements with any person or organization for the provision of services under this Act and the payment for those services. Annual report 19(1) Within six months after the end of the government's fiscal year, the director must prepare and submit to the minister a report about the administration of this Act in that fiscal year. Tabling report in the Assembly 19(2) The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it. 20 [Not proclaimed, but repealed by S.M. 2024, c. 9, s. 14 ] S.M. 2024, c. 9, s. 14 . Recovery of overpayments 21(1) If the government has provided disability support or shelter support, or has made any other payment under this Act, to or in respect of a person not entitled to the support or payment, the amount is a debt due to the government that the government may recover from (a) the person; (b) the person's spouse or common-law partner; and (c) if the person is a child under the age of 18 years, the person's parent or guardian or anyone liable to pay the person's expenses. Recovery from person liable for maintenance 21(2) If (a) a person is responsible under any law or order of the court for the maintenance of a recipient or for contributing to the maintenance of the recipient; (b) the person has not fulfilled their maintenance obligation to the recipient; and (c) all or part of the amount of disability support, shelter support or other payments would not have been paid to the recipient had the person fulfilled their maintenance obligation; the amount that would not have been paid to or in respect of the recipient but for the person's failure to fulfil their maintenance obligation is a debt due to the government that the government may recover from the person. Right of set-off 22 Despite any other provision of this Act, the director may set off any of the following against future payments to a person under this Act: (a) a debt owing under section 21; (b) a debt owing under section 20 of The Manitoba Assistance Act . But each set-off must not be an amount that would cause undue hardship. Offence 23(1) A person is guilty of an offence who (a) makes a false statement in any form, application, record or return prescribed or used for the purposes of this Act; or (b) fails to notify the director of a change in their circumstances when required to do so under subsection 10(1). Penalty 23(2) A person convicted of an offence under subsection (1) is liable to either or both of the following: (a) a fine of not more than $5,000; (b) imprisonment for a term not exceeding three months. Restitution 23(3) In addition to imposing a penalty under subsection (2), the justice who convicts a person may order the person to pay restitution of any amount paid to the person under this Act as a result of the offence. Filing order in court 23(4) A restitution order made under subsection (3) may be filed in the Court of King's Bench and, on being filed, may be enforced in the same manner as a judgment of the court. Time limit for prosecution 23(5) A prosecution under this Act may not be commenced later than four years after the day the alleged offence was committed. REGULATIONS Regulations 24(1) The Lieutenant Governor in Council may make regulations (a) respecting the manner of determining whether a person has a severe and prolonged disability, including prescribing criteria for a severe and prolonged disability; (b) respecting the eligibility criteria for disability support and shelter support; (c) fixing the amount of disability support that may be provided to an applicant or recipient; (d) fixing the amount of shelter support that may be provided to an applicant or recipient, including establishing a maximum amount payable or prescribing a method for determining the maximum amount; (e) respecting the circumstances under which the director may provide payments to an applicant or recipient that are in addition to disability support or shelter support; (f) respecting the provision of other services to an applicant or recipient; (g) for the purpose of section 6, excluding any income or asset or type of income or asset when determining a person's financial resources; (h) respecting the manner of applying for disability support, shelter support or any other payment or service under this Act, including prescribing forms; (i) respecting conditions that a recipient must comply with to continue to receive disability support, shelter support or any other payment or service under this Act; (j) respecting the circumstances under which disability support, shelter support or any other payment or service under this Act may be discontinued, reduced or suspended and the manner in which it is to be discontinued, reduced or suspended; (k) [not proclaimed, but repealed by S.M. 2024, c. 9, s. 14 ] (l) defining a word or phrase used but not defined in this Act; (m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. Retroactivity 24(2) A regulation under clause (1)⁠(c), (d) or (g) may be made retroactive except to the extent that it would (a) make an applicant or recipient ineligible for a payment or service under this Act; or (b) reduce the amount of a payment made, or the level or type of a service provided, to an applicant or recipient under this Act. Application of regulation 24(3) A regulation may be general or particular in its application and may apply in whole or in part to one or more classes of applicants or recipients. S.M. 2024, c. 9, s. 14 . TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS Transitional provisions 25 An agreement entered into under section 15, 16 or 16.1 of The Manitoba Assistance Act is deemed to apply in respect of an applicant or recipient as defined in this Act as if they were an applicant or recipient as defined in The Manitoba Assistance Act . 26 to 29 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 30 This Act may be referred to chapter D76 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 31 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2021, c. 60, Schedule A, except section 20 and clause 24(1)⁠(k), came into force by proclamation on January 1, 2023. NOTE: Section 20 and clause 24(1)⁠(k) were never proclaimed into force and were repealed by S.M. 2024, c. 9, s. 14.