SNL2002 CHAPTER I-0.1 - INCOME AND EMPLOYMENT SUPPORT ACT

SNL2002 CHAPTER I-0.1 INCOME AND EMPLOYMENT SUPPORT ACT Amended: 2004 cL-3.1 s41; 2004 c47 s19; 2006 cP-12.01 s53; 2006 cS-31.1 s83; 2013 c16 s25; 2016 c34 s1; 2019 cS-29.02 s27 CHAPTER I-0.1 AN ACT RESPECTING THE PROVISION OF INCOME AND EMPLOYMENT SUPPORT TO THE PEOPLE OF THE PROVINCE (Assented to December 19, 2002 ) Analysis 1. Short title 2. Definitions 3. Purpose 3.1 Labrador Inuit rights 4. Service principles PART I GENERAL 5. Appointment of officers 6. Protection from liability 7. Release of information 8. Agreements, contracts 9. Programs and pilot projects 10. Electronic filing 11. Annual report 12. Review PART II ELIGIBILITY 13. Condition of eligibility 14. Eligibility for income and employment support 15. Required to live in province 16. Emergency and other situations 17. Application for income or employment support 18. Duties of officers 19. How support granted 20. Payment to trustee 21. Death of recipient PART III UNDERPAYMENT, OVERPAYMENT AND ATTACHMENT 22. Definition 23. Support improperly paid - underpayment 24. Support improperly paid - overpayment 25. Notice 26. Recovery of overpayment 27. Restitution agreement 28. Demand and third party effect 29. Garnishment 30. Dispute of garnishment 31. Default of payment by the garnishee 32. Dispute by recipient 33. Exemption from garnishment 34. Certificate of judgment 35. Administration of recipient's estate 36. Action taken in name of minister 37. Attachment 38. Defence not applicable 39. Transitional 40. Support Orders Enforcement Act, 2006 PART IV APPEAL 41. Internal review 42. Appeal board 43. Appeal 44. Powers of board 45. Further appeal 46. Special case 47. Transitional PART V OFFENCE AND PENALTY 48. Offence 49. Penalty 50. Limitation period PART VI FORMS AND REGULATIONS 51. Forms 52. Regulations PART VII CONFLICT, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT 53. Conflict 54. SNL2002 cA-1.1 Amdt. 55. RSNL1990 cA-22 Amdt. 56. SNL2001 cC-14.1 Amdt. 57. RSNL1990 cF-2 Amdt. 58. SNL1995 cP-37.1 Amdt. 59. SNL1991 c16 Amdt. 60. RSNL1990 cP-26 Amdt. 61. RSNL1990 cR-5 Amdt. 62. RSNL1990 cS-31 Amdt. 63. Repeal 64. Commencement WHEREAS the promotion of self-reliance and well-being, participation in community life and the alleviation of poverty are social policy goals; AND WHEREAS the delivery of income and employment support programs shall respect the dignity and privacy of the individual and be equitable, accessible, co-ordinated and fiscally responsible; AND WHEREAS people encounter circumstances that affect their self-reliance and may require income support to assist with meeting their basic needs; AND WHEREAS people may benefit from a variety of supports and services to help develop the skills and abilities necessary to prepare for, access and keep employment; AND WHEREAS it is recognized that persons with disabilities face unique barriers to employment; AND WHEREAS partnerships between government, people and community groups are desirable to ensure that appropriate income and employment support services are developed and maintained; Be it therefore enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Income and Employment Support Act . 2002 cI-0.1 s1 Back to Top Definitions 2. In this Act (a) "adult" means a person 18 years of age or older and includes a person who is less than 18 years old where that person is married or is a cohabiting partner; (b) "appeal board" means the appeal board established under section 42 ; (c) "appellant" means an applicant or recipient who appeals the outcome of an internal review to the appeal board and includes a person (i) who appeals the outcome of an internal review performed under section 4.2 of the Health and Community Services Act, or (ii) who appeals the outcome of an internal review performed under section 40 of the Pharmaceutical Services Act; (d) "applicant" means a person making an application for income or employment support under this Act and, for the purpose of income support includes that person's spouse or cohabiting partner, but does not include an employer applicant or third party in an employment support program; (e) "child" means a person under the age of 18 years but does not include a person who is less than 18 years old and who is married or is a cohabiting partner; (f) "cohabiting partner" means either of 2 persons who are cohabiting in a conjugal relationship outside of marriage; (g) "department" means the department presided over by the minister; (h) "employment assessment" means an assessment to identify a person's education, training, employment history, skills and employment barriers in order to establish readiness for employment; (i) "employment plan" means a written plan which identifies a person's experience, training or upgrading needs, employment barriers, career goals, employment options, appropriate employment supports and includes services offered by other agencies; (j) "employment support" means services, programs and financial benefits provided by the department to assist recipients to prepare for, access and keep employment, including self-employment, and includes other specific supports for persons with disabilities; (k) "income support" means financial benefits (i) to assist in meeting the daily living expenses of a recipient, and (ii) to assist in meeting the additional or emergency needs of a recipient, and may include other benefits prescribed in the regulations provided by the department or other government departments or benefits provided though programs of other government departments which have a monetary value for which an applicant may, based on his or her eligibility for benefits under subparagraphs (i) and (ii), be eligible; (l) "minister" means the minister appointed under the Executive Council Act to administer this Act; (m) "officer" means an officer of the department appointed by the minister under section 5 ; (n) "overpayment" means income or employment support (i) provided to or on behalf of a recipient or to a trustee where evidence indicates that there was no entitlement to all or part of those benefits, or (ii) which a recipient receives to meet an immediate need, and which the recipient agrees, in writing, to repay all or a portion of at a future date; (o) "personal information" means recorded information about an identifiable individual, including (i) the individual's name, address or telephone number, (ii) the individual's age, sex, marital status or family status, (iii) an identifying number, symbol or other particular assigned to the individual, (iv) information about the individual's health care status or history, including a physical, developmental or mental health disability, and (v) information about the individual's educational, financial or employment status or history; (p) "recipient" means a person who receives income or employment support and, for the purpose of income support includes that person's spouse or cohabiting partner but does not include an employer recipient or third party in an employment support program; (q) "relative" means a child, parent or grandparent of an applicant or recipient; (r) "spouse" means either of two persons who are married to each other; (s) "trustee" means a person who has the control of income support for the benefit of a recipient; and (t) "underpayment" means income support which, due to a departmental error, was not paid to a recipient or former recipient who was eligible for it. 2002 cI-0.1 s2 ; 2006 cP-12.01 s53 Back to Top Purpose 3. (1) The purpose of this Act is to facilitate the provision of income and employment support to eligible persons. (2) Income support programs and services include programs and services designed to (a) provide financial assistance to persons determined to be in need in order to assist in meeting daily living expenses, shelter, transportation to medical services and special needs; (b) provide supplementary financial assistance to eligible persons with earned income; (c) provide supplementary financial assistance to eligible families in accordance with inter-governmental funding arrangements; (d) provide support to victims of violence, including timely access to financial assistance and referrals to other services to ensure the safety of those individuals and their children; and (e) provide other programs and services that the minister may, as needs demonstrate, decide are appropriate. (3) Employment support programs and services include programs and services designed to (a) assist individuals to acquire the employment supports, skills and experience necessary to successfully prepare for, access and keep employment, including self-employment, and to obtain access to job opportunities and training; (b) provide for employment assessments and the development of employment plans, including programs and services designed to help meet the objectives of an employment plan; (c) provide financial assistance to assist employers in offering employment experience and on-the-job training; (d) provide grants and support to approved community agencies that offer employment services; (e) assist individuals to research, explore and make informed decisions about careers, training and employment opportunities; (f) provide for those additional supports not referred to in paragraphs (a) to (e) which are required to assist persons with disabilities to prepare for, access and keep employment, including self-employment, and for the inclusion and accommodation of their unique circumstances and needs; and (g) provide other programs and services that the minister may, as needs demonstrate, decide are appropriate. 2002 cI-0.1 s3 Back to Top Labrador Inuit rights 3.1 This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act. 2004 cL-3.1 s41 Back to Top Service principles 4. The following principles apply to the delivery of income and employment support programs and services: (a) access to those programs and services shall be provided in a timely manner with appropriate consideration of an applicant's unique circumstances and needs, as departmental resources, including budgetary appropriations, permit; (b) there shall be accountability through regular review of this Act and the regulations made under it; (c) this Act, the regulations made under it, and the policies and procedures of the department, shall, to the extent possible, be available to the public upon reasonable request in a form determined by the minister; and (d) applicants and recipients shall be treated with dignity and respect in accordance with the standards of service developed by the department. 2002 cI-0.1 s4 PART I GENERAL Back to Top Appointment of officers 5. The minister may appoint a person as an officer to deliver income and employment support programs and services under this Act, and an officer is responsible for the duties and functions that the minister may determine. 2002 cI-0.1 s5 Back to Top Protection from liability 6. An officer is not liable for anything done or omitted to be done in good faith in the exercise or performance or intended exercise or performance of a power, duty or function conferred under this Act. 2002 cI-0.1 s6 Back to Top Release of information 7. (1) In the course of administering this Act, the minister may collect information which may include an applicant's or recipient's personal information. (2) Information provided by an applicant or a recipient under this Act is confidential. (3) Notwithstanding subsection (2), the minister may exchange information necessary to determine eligibility under this Act with those individuals and entities prescribed in the regulations. (3.1) [Rep. by 2019 cS-29.02 s27] (4) Notwithstanding subsection (2), the minister may disclose personal information for a research purpose, including statistical research, only where (a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form; (b) any record linkage is not harmful to the individuals that the information is about, and the benefits to be derived from the record linkage are clearly in the public interest; (c) the minister has approved conditions relating to the following: (i) security and confidentiality, (ii) the removal or destruction of individual identifiers at the earliest reasonable time, and (iii) the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of the minister; and (d) the person to whom that information is disclosed has signed an agreement to comply with the approved conditions, this Act and government policies and procedures relating to the confidentiality of personal information. (5) Notwithstanding subsection (2), an applicant, recipient or a person acting on his or her behalf may view his or her personal information and, where necessary, request correction of his or her personal information . (6) For the purpose of this section, information required or provided under this Act includes information that was required or provided under the Social Assistance Act. 2002 cI-0.1 s7 ; 2016 c34 s1 ; 2019 cS-29.02 s27 Back to Top Agreements, contracts 8. The minister may make and enter into (a) agreements on behalf of the province with the Government of Canada or the government of a province of Canada or any agency of them or with a private entity or agency with respect to a matter under this Act; and (b) contracts with third party and employer groups with respect to the provision of employment programs and services. 2002 cI-0.1 s8 Back to Top Programs and pilot projects 9. (1) The minister shall provide income and employment support programs and services from funds appropriated by the legislature. (2) In providing programs under subsection (1), the minister may provide for pilot projects, demonstration projects and innovations in income and employment support programs and services in all or part of the province. 2002 cI-0.1 s9 Back to Top Electronic filing 10. In accordance with the Electronic Commerce Act , an electronic record or document, which may include an electronic signature, may be used to satisfy a requirement of this Act. 2002 cI-0.1 s10 Back to Top Annual report 11. The minister shall, by November 30 in a year, prepare a report on the administration of this Act for the previous fiscal year, together with a statement showing the expenditures made under this Act for that year, and shall table that report before the House of Assembly, but where the House of Assembly is not then sitting, the minister shall table that report within 30 days after the commencement of the next sitting. 2002 cI-0.1 s11 Back to Top Review 12. (1) The minister shall, every 5 years, perform a review of this Act and the regulations made under it, the principles upon which it is based and consider the areas in which it may be improved and report his or her findings to the Lieutenant-Governor in Council. (2) The minister shall, every 3 years, review income support rates and report his or her findings to the Lieutenant-Governor in Council. 2002 cI-0.1 s12 PART II ELIGIBILITY Back to Top Condition of eligibility 13. (1) Prior to making an application for income support and as a condition of eligibility for income support, a person shall pursue all other financial resources available to him or her or his or her spouse or cohabiting partner. (2) For the purpose of subsection (1), the requirement to pursue all other financial resources does not include the support referred to in section 38 of the Family Law Act . 2002 cI-0.1 s13 Back to Top Eligibility for income and employment support 14. (1) The eligibility of an applicant for income support shall be determined by an officer based on the information provided by the applicant under section 17 , and where, based on the criteria prescribed in the regulations, the applicant's assessed need for income support is determined to be greater than his or her income and assets, that person shall be considered to be eligible for income support. (2) The eligibility of an applicant for employment support shall be determined based on the criteria prescribed in the regulations. (3) The minister may offer, or an applicant or recipient may request, the following employment services: (a) an employment assessment; (b) the development of an employment plan; and (c) other employment supports that are considered appropriate, and where the appropriate resources are available, those employment services may be provided to the applicant or recipient. (4) Where a person is determined to be eligible for employment support, that eligibility shall not be construed as requiring the minister to provide that support where the minister has determined, in the context of a budgetary allocation for the purpose, that the appropriate funds are not available to do so. (5) The signature of an applicant's spouse or cohabiting partner is required on the application for income support. (6) Notwithstanding subsection (5), the minister may, in exceptional circumstances, dispense with the requirement of that subsection. 2002 cI-0.1 s14 Back to Top Required to live in province 15. (1) An applicant and a recipient shall live in the province to be eligible for income and employment support. (2) For the purpose of this section, "live in the province" means physically present in the province, but an applicant or a recipient may, for a purpose prescribed in the regulations, be temporarily absent from the province and, notwithstanding that absence, he or she is still considered to live in the province for the purpose of this Act. 2002 cI-0.1 s15 Back to Top Emergency and other situations 16. Notwithstanding another provision of this Act, the minister may, in an emergency situation or to ensure the immediate health, safety or well-being of an individual or family, determine the eligibility of certain persons for income support without reference to sections 14 , 15 , or 17 . 2002 cI-0.1 s16 Back to Top Application for income or employment support 17. (1) A person shall apply for income and employment support in the manner prescribed by the regulations. (2) An application for income or employment support shall be assessed based on the criteria prescribed by the regulations. (3) An applicant shall provide the information required to assess his or her application in the time and manner prescribed by the regulations and an officer may (a) with the applicant's consent, seek verification of any information supplied; and (b) direct an applicant to supply verification of any information supplied to the officer by the applicant. (4) A recipient shall provide the information required to assess his or her eligibility in the time and manner prescribed by the regulations and an officer may (a) with the recipient's consent, seek verification of any information supplied; and (b) direct a recipient to supply verification of any information supplied to the officer by the recipient. (5) A recipient shall notify the officer immediately of any changes that may affect that recipient's eligibility for income or employment support as prescribed by the regulations. (6) If, within the time period prescribed by the regulations, an applicant or recipient fails to consent or to comply with a direction of an officer under subsection (3) or (4), the officer may (a) declare the applicant ineligible to receive income or employment support; or (b) vary, suspend or cancel income or employment support provided to or for the recipient. 2002 cI-0.1 s17 ; 2004 c47 s19 Back to Top Duties of officers 18. (1) An officer shall, as directed by the minister, (a) receive applications for income and employment support; and (b) in accordance with this Act and the regulations, (i) determine whether the applicant is eligible to receive income support and the date on which that person becomes eligible, (ii) determine the amount of income support the applicant is eligible to receive, (iii) determine whether the applicant is eligible to receive employment support, (iv) advise the applicant of the amount of income support to be provided, the employment support that may be available to the applicant and the information required to be provided to ensure the continuation of that income or employment support, (v) direct the payment of income support or the provision of employment support in the approved time period, (vi) in the time period set by the minister, review the income support provided to the recipient and promptly advise the recipient of any changes in eligibility, and (vii) advise the applicant or recipient of the right to appeal decisions made under this Act. (2) The minister may designate an officer to perform investigations under this Act, and that officer may perform those investigations in the manner prescribed by the regulations. (3) The minister may designate an officer to assist a person to obtain child or spousal support in the manner prescribed by the regulations. 2002 cI-0.1 s18 Back to Top How support granted 19. (1) Income and employment support may be granted in a form and manner that an officer, with the approval of the minister, may determine. (2) Notwithstanding subsection (1), an officer may, in accordance with the regulations, at the request of the recipient and with the approval of the minister, use funds available for a recipient's income support to provide that recipient's employment support. (3) Where funds are used in the manner described in subsection (2), the consent of the recipient's spouse or cohabiting partner shall be obtained. (4) Notwithstanding subsection (3), the minister may, in exceptional circumstances, dispense with the consent required under that subsection. 2002 cI-0.1 s19 Back to Top Payment to trustee 20. (1) Where (a) an applicant or recipient requests; or (b) an officer determines, based on the criteria set out in the regulations, that an applicant or a recipient is temporarily or permanently incapable of managing his or her financial affairs, an officer may direct that the income support, in whole or in part, be paid to another person on behalf of the recipient, and where a person has not been designated, an officer may refuse to release the income support until a person is designated. (2) The person to whom income support is paid under subsection (1) shall be considered to be a trustee of the recipient and shall use the income support to the benefit of the person in respect of whom it was granted, and where that person fails to do so, he or she is guilty of an offence. 2002 cI-0.1 s20 Back to Top Death of recipient 21. Where a person in respect of whom income or employment support is granted dies, (a) income support shall cease at the end of the payment period of the last cheque issued before the recipient died; and (b) employment support shall cease on the date of death. 2002 cI-0.1 s21 PART III UNDERPAYMENT, OVERPAYMENT AND ATTACHMENT Back to Top Definition 22. Recipient means a recipient as defined in paragraph 2 (p) and for the purpose of this Part, includes a recipient's estate, a trustee of a recipient and a former recipient of income or employment support. 2002 cI-0.1 s22 Back to Top Support improperly paid - underpayment 23. Where it is discovered that, based on evidence satisfactory to the minister, a recipient has received an underpayment, the amount of the underpayment shall, for a retroactive period not more than 6 years before the date of its discovery, be paid to the recipient. 2002 cI-0.1 s23 Back to Top Support improperly paid - overpayment 24. (1) An overpayment is a debt due by a recipient to the Crown in right of the province. (2) An overpayment shall be calculated for a retroactive period not more than 6 years from the date of its discovery, but where (a) the income or employment support was fraudulently obtained, or (b) the income or employment support paid was agreed, in writing at the time the support was paid or in the course of its being paid, to be repayable, this subsection shall not apply. (3) Where an overpayment is to be recovered from a recipient (a) receiving income support only; or (b) receiving income and employment support, the amount may be recovered from the income support described in paragraph 2 (k)(i) in the manner and at the rate prescribed by the regulations. (4) Where an overpayment is to be recovered from a recipient receiving employment support only, the amount may be recovered from funds available for employment support for which a person may be eligible under section 14 in the manner and at the rate prescribed by the regulations. (5) In addition to the manner of recovery referred to in subsections (3) and (4), an overpayment may be recovered from a person receiving income or employment support, or both income and employment support in another manner set out in this Part. (6) Where a person who formerly received income or employment support under this Act has received an overpayment of that support, it may be recovered (a) under a restitution agreement, where that person enters into a restitution agreement under section 27 ; or (b) where that person is unwilling or unable to enter into a restitution agreement or defaults on a restitution agreement, under section 26 . (7) An overpayment of income support may be apportioned by the minister in the manner prescribed by the regulations. (8) Notwithstanding subsection 8(4) of the Limitations Act, the limitation period for commencing an action to recover an overpayment under this Act shall be 6 years. 2002 cI-0.1 s24 Back to Top Notice 25. Where an overpayment is discovered under this Act, the minister shall, in writing, notify the recipient (a) that the overpayment is a debt due to the Crown; (b) of the amount of the overpayment and the manner of calculating the overpayment; (c) that the overpayment may be recovered in accordance with this Part; and (d) of the recipient's right to appeal under section 43 . 2002 cI-0.1 s25 Back to Top Recovery of overpayment 26. An overpayment may, in addition to any other manner in which it may be recovered, be recovered under subsection 24 (3) or (4) and (a) through a restitution agreement under section 27 ; (b) by a demand under section 28 ; (c) through garnishment under section 29 ; or (d) by filing a certificate of judgment under section 34 . 2002 cI-0.1 s26 Back to Top Restitution agreement 27. (1) Where it is discovered that a person who no longer receives any benefit under this Act received an overpayment of income or employment support while still receiving benefits, the minister may enter into an agreement with that person for the repayment of the amount due to the Crown. (2) The amount referred to in subsection (1) is a debt due to the Crown and, on default, is enforceable as such. 2002 cI-0.1 s27 Back to Top Demand and third party effect 28. (1) Where the minister has knowledge that a person is or is about to become indebted to a recipient who has an overpayment owing as a debt due to the Crown, the minister may demand of that person that the money otherwise payable by him or her to the recipient be paid, in whole or in part, to the minister on account of the recipient's liability to repay the debt created by the overpayment. (2) A debt referred to in subsection (1) shall not include a wage or salary owed to a recipient in the course of employment. (3) The minister may issue a notice of the demand referred to in subsection (1) to the person who is or who is about to become indebted to the recipient. (4) A demand referred in subsection (3) shall be served on the person who is or is about to become indebted to a recipient by registered mail, fax or personal delivery. (5) A person in receipt of a demand under subsection (1) is personally liable to the Crown for a debt due to the Crown (a) to the extent of the debt owed by him or her to the recipient; or (b) to the amount of the overpayment due by the recipient whichever is less. (6) Where a person indebted to a recipient has complied with the minister's demand under subsection (1), the minister's receipt is sufficient evidence that the debt is paid to the amount reflected in the receipt. (7) For the purpose of this section, a debt owing to the recipient includes a payment that may be owing under an insurance policy. 2002 cI-0.1 s28 Back to Top Garnishment 29. (1) An overpayment may be recovered by garnishment of money payable to the recipient by another person. (2) The minister may issue a notice of garnishment to the person who owes the money to the recipient. (3) A notice of garnishment referred to in subsection (2) shall be served on the garnishee by registered mail, fax, or by personal delivery. (4) On receipt of the notice of garnishment, the garnishee shall immediately deliver, personally or by ordinary mail, a copy of the notice to the recipient. (5) Failure of the garnishee to comply with subsection (4) does not make the garnishment ineffective. (6) A notice of garnishment under subsection (2) binds the money then due and accruing due from the garnishee to the recipient in the amount required to repay the overpayment in the amount and at the rate prescribed by the regulations and set out in the notice. (7) A garnishee shall, within 7 days of holding the money referred to in subsection (6), pay the money to the minister in the amount and at the rate prescribed by the regulations and set out in the notice. (8) Payments made by the garnishee to the minister under a notice of garnishment discharges the obligation of a garnishee to the recipient to the amount paid. (9) For the purpose of this section, money includes a payment under an insurance policy. 2002 cI-0.1 s29 Back to Top Dispute of garnishment 30. (1)Where the garnishee alleges that (a) no money is owing by him or her to the recipient; (b) the garnishee has satisfied his or her obligation to the recipient and no further money is payable from the garnishee to the recipient; or (c) the garnishee has not received sufficient information with respect to the recipient to enable the garnishee to make deductions, he or she shall file a statement with the minister within 10 days of service of the notice of garnishment or, when the obligation to pay the recipient has been satisfied, as the case may be. (2) Where a statement is filed by the garnishee under subsection (1), a judge of the Trial Division may, on application by the minister within 30 days after the date the statement is filed, (a) summarily determine whether the garnishee is liable under the notice; or (b) order that an issue or question necessary for the determination of the liability of the garnishee be tried. (3) A determination of a judge under this section is a judgment of the court and may be so enforced. (4) Where a garnishee files a statement under subsection (1) and the minister does not make an application within the period specified in subsection (2), the garnishee is released from the obligation under the notice of garnishment. 2002 cI-0.1 s30 Back to Top Default of payment by the garnishee 31. (1) Unless the garnishee files a statement under subsection 30 (1), where the garnishee does not pay to the minister the amount due from the garnishee to the recipient or the amount required to be paid by the garnishee under a notice of garnishment, the minister is entitled to judgment against the garnishee by filing in the Trial Division the notice of garnishment, with proof of service, and an affidavit stating that the garnishee has not made payments required by this Act and has not filed a statement under subsection 30 (1). (2) A judgment under subsection (1) shall include the amount of the default under the notice of garnishment, together with the costs of the application. 2002 cI-0.1 s31 Back to Top Dispute by recipient 32. (1) The recipient may apply to the Trial Division for an order setting aside or varying a notice of garnishment on the basis that the overpayment has been paid or that there is no money payable by the garnishee to the recipient. (2) The recipient shall, in accordance with the regulations, serve notice of an application under subsection (1) on the minister. 2002 cI-0.1 s32 Back to Top Exemption from garnishment 33. On application by a recipient, a judge of the Trial Division may, where satisfied that it would be grossly unfair and inequitable to do otherwise, make an order specifying the amount of money that is exempt from garnishment. 2002 cI-0.1 s33 Back to Top Certificate of judgment 34. (1) Where a person fails to repay an amount owing that is due to the Crown under this Act, the minister may issue a certificate stating the amount due and remaining unpaid to the Crown and the name of the person by whom it is payable, and file the certificate with the Trial Division. (2) Where a certificate is filed with the Trial Division under subsection (1), it is of the same effect and all proceedings may be taken on the certificate as if it were a judgment of that court for the recovery of the amount stated in the certificate against the person named in the certificate. (3) A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate or the decision upon which the certificate was based. (4) On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge's decision. (5) There is no appeal from a decision of a judge made under this section. (6) A certificate filed under this section may also be filed in the judgment enforcement registry upon the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act. 2002 cI-0.1 s34 ; 2013 c16 s25 Back to Top Administration of recipient's estate 35. Where an overpayment is owed by the estate of a deceased recipient who dies with or without a will and no letters of probate or of administration have been granted, the Trial Division shall, on the application of the minister, grant administration of the estate to the public trustee. 2002 cI-0.1 s35 ; 2013 c16 s25 Back to Top Action taken in name of minister 36. An overpayment may be recovered by the minister, and an action or other proceeding for the recovery of the overpayment may be instituted in the name of the minister. 2002 cI-0.1 s36 Back to Top Attachment 37. Except for the purpose of recovering an overpayment, income and employment support are not subject to attachment or seizure in satisfaction of a claim against a recipient. 2002 cI-0.1 s37 Back to Top Defence not applicable 38. The defence of change in circumstance shall not apply in an action to recover an overpayment. 2002 cI-0.1 s38 Back to Top Transitional 39. (1) Overpayments of social assistance under the Social Assistance Act made before the coming into force of this Act may be recovered on the same basis and in the same manner as provided in this Act for the recovery of an overpayment. (2) Overpayments or underpayments of social assistance under the Social Assistance Act made before the coming into force of this Act, whether discovered before or after the coming into force of this Act, shall be calculated according to the enactment in force when the overpayment or underpayment was discovered. 2002 cI-0.1 s39 Back to Top Support Orders Enforcement Act, 2006 40. Under the Support Orders Enforcement Act, 2006 , the minister may subrogate the amount paid to a person who receives the benefit of a support order with the consent of that person, and that subrogation does not affect that person's entitlement to income and employment support under this Act, but may affect the amount of income support that may be paid to the person under this Act. 2002 cI-0.1 s40 ; 2006 cS-31.1 s83 PART IV APPEAL Back to Top Internal review 41. (1) The minister shall, in accordance with the regulations, appoint an officer or officers to perform an internal review of the matters referred to in subsection (2). (2) An applicant or recipient may request an internal review of (a) a decision with respect to income support made under the authority of this Act or the regulations; (b) a decision respecting eligibility for, suspension or cancellation of, employment support made under the authority of this Act and the regulations; or (c) an underpayment or overpayment. (3) A request under subsection (2) shall be made in writing by the recipient no later than 60 days after being notified of the matters referred to in paragraph (2)(a), (b) or (c). (4) An officer or officers appointed under subsection (1) shall perform an internal review in the manner prescribed by the regulations. (5) An internal review shall be performed within 15 days of the receipt of the written request for it, and the results of an internal review shall be provided to the applicant or recipient who requested the review, in writing, within 5 business days of being decided, and the applicant or recipient is considered to have received the outcome of the internal review 7 business days after it has been decided. (6) A decision of an officer or officers performing an internal review under this section shall not, under the authority of subsection 14 (4), include an order to provide employment support. 2002 cI-0.1 s41 Back to Top Appeal board 42. (1) The Lieutenant-Governor in Council shall appoint not more than 3 persons to act as an independent external appeal board (a) one of whom shall be a current or a past recipient of income or employment support; and (b) none of whom shall be officers of the department or employees of the government of the province or of a board, commission, corporation or other body that is an agency of the Crown. (2) Members appointed under subsection (1) or alternates appointed under subsection (4) shall be appointed for 3 years, shall be eligible for reappointment and shall hold office until re-appointed or until a successor is appointed. (3) The Lieutenant-Governor in Council may designate one of the members of the board to be chairperson and another to be vice-chairperson who shall act as chairperson in the absence of the chairperson. (4) The Lieutenant-Governor in Council may appoint no more than 3 persons who are not employees of the government of the province or of a board, commission, corporation or other body that is an agency of the Crown, as alternate members of the appeal board to act as members of the appeal board as a result of the absence, resignation, illness or death of a regular member appointed under subsection (1) at a hearing to be held under this section. (5) One of the persons appointed as an alternate under subsection (4) shall be a current or past recipient of income or employment support and that person shall act as the alternate member for the member appointed under paragraph (1)(a). (6) An alternate member appointed under subsection (4) is considered for the purpose of this section to be a member of the appeal board. (7) The minister shall appoint an officer to be the secretary of the appeal board. (8) The secretary appointed under subsection (7) (a) shall not have voting privileges; and (b) shall keep full records of the proceedings of the appeal board. (9) A majority of the members of the board constitutes a quorum, one of whom shall be a member who is a current or past recipient of income or employment support. (10) Appeals heard by the board may be conducted in person or by teleconference or video conference or other means as approved by the minister provided that, in a meeting, all participants may participate simultaneously and instantaneously. (11) A board member participating in a meeting by teleconference, videoconference or other method approved by the minister shall be counted as a member present at the meeting for the purpose of establishing a quorum under subsection (9). (12) Where there is a tie vote on a motion or resolution of the board, that motion or resolution shall be considered to be defeated. 2002 cI-0.1 s42 Back to Top Appeal 43. (1) An appellant may appeal, either personally or through another person acting on his or her behalf with his or her written consent, the outcome of an internal review under this Act or under section 4.2 of the Health and Community Services Act, or under section 40 of the Pharmaceutical Services Act to the appeal board. (2) An appeal under this section shall be made in writing no more than 60 days from the receipt of the outcome of an internal review under this Act or section 4.2 of the Health and Community Services Act , or under section 40 of the Pharmaceutical Services Act . (3) The appeal board shall (a) acknowledge the appeal; (b) arrange a date for hearing the appeal; (c) give at least 7 days notice of the date, time and place fixed for hearing the appeal to the appellant and to the officers of the department who are concerned or, where an appeal is made from an internal review under section 4.2 of the Health and Community Services Act, to officials of the department administering that Act under the Executive Council Act ; (d) notify an appellant of his or her right to appear and to be represented under subsection (4); and (e) within 30 days of receiving the appeal, hear the appeal. (4) For the purpose of presenting his or her case and producing evidence, an appellant may appear before the appeal board on his or her own behalf or be represented by counsel or an agent of his or her choice and may accompany and appear with his or her counsel or agent before the appeal board, and this provision shall also apply where appeals are heard by teleconference, video conference or other method approved by the minister. (5) An appellant may request, in writing, with reasons, a postponement of the hearing of an appeal for a reasonable period as determined by the board and the board may, in its discretion, grant the postponement. (6) Where (a) an appellant has not been granted a postponement under subsection (5); or (b) the appellant, either in person or by his or her counsel or agent, does not attend the hearing of the appeal after being notified under this section, the appeal board may proceed in his or her absence to examine into the matter of the appeal and to hear the witnesses and adjudicate on the matter. (7) The board may, where the appropriate documents for consideration of the appeal have not been received, postpone the hearing until the earliest possible date after those documents have been received. (8) For the purpose of this Act, the appeal board has the powers that are or may be conferred on a commissioner under the Public Inquiries Act . 2002 cI-0.1 s43 ; 2006 cP-12.01 s53 Back to Top Powers of board 44. (1) On the conclusion of the hearing, the board may confirm, vary or set aside the finding or decision appealed from with power to give directions, consistent with this Act and the regulations made under it, or where appropriate, the Health and Community Services Act or the Pharmaceutical Services Act and the regulations made under it, (a) respecting the granting, refusal, suspension, discontinuance, reduction, resumption of income support or an amount of income support that the appeal board considers appropriate; (b) respecting an appellant's eligibility for employment support or the suspension or cancellation of that support, but shall not make an order to provide employment support under the authority of subsection 14 (4); (c) respecting an underpayment or overpayment; (d) respecting a matter referred to in section 4.1 of the Health and Community Services Act ; and (e) respecting a matter referred to in section 40 of the Pharmaceutical Services Act. (2) Notwithstanding subsection (1), the board shall not make an order inconsistent with the rate structure for income support established in the regulations. (2.1) Notwithstanding subsection (1), the board shall not make an order inconsistent with the benefits lists established by the minister under the Pharmaceutical Services Act. (3) A decision of the board shall, in writing, within 5 days of its being decided, be communicated to the appellant and (a) to the officers of the department who are concerned; or (b) where the appeal is from an internal review under section 4.2 of the Health and Community Services Act , or the Pharmaceutical Services Act , to officials of the department administering that Act under the Executive Council Act. 2002 cI-0.1 s44 ; 2006 cP-12.01 s53 Back to Top Further appeal 45. (1) The outcome of an internal review (a) respecting the granting, refusal, suspension, discontinuance, reduction, resumption of services or of the amount of income support; or (b) respecting a person's eligibility for or the suspension or cancellation of employment support, shall only be appealed to the appeal board and is not subject to appeal to or review by a court of law. (2) An appeal lies from the decision of the appeal board to a judge of the Trial Division upon a point of law, or of mixed law and fact, and the judge of the Trial Division may award costs in that appeal under this section for or against the Crown and may fix the amount of the costs. 2002 cI-0.1 s45 Back to Top Special case 46. The appeal board may, before deciding the matter of the appeal, refer a question of law or of mixed law and fact raised at the hearing of the appeal for the opinion of a judge of the Trial Division, and the Rules of the Supreme Court, 1986 relating to a special case apply to a reference made under this subsection as if that reference were made by the parties to the appeal. 2002 cI-0.1 s46 Back to Top Transitional 47. (1) Where, on the coming into force of this Act, the Social Services Appeal Board has begun to consider, review, hear and decide a matter but has not given its decision, the Social Services Appeal Board remains seized with the matter until it gives its decision and nothing in this Act affects the validity of that decision. (2) Where, on the coming into force of this Act an application has been made to the Social Services Appeal Board but the board has not yet begun to consider, review, hear and decide the matter that is the subject of the application, the application shall be considered to have been made to the appeal board and that board shall consider, review, hear and decide upon that matter. 2002 cI-0.1 s47 PART V OFFENCE AND PENALTY Back to Top Offence 48. (1) A person shall not, on behalf of himself or herself or on behalf of another person, knowingly obtain or receive income or employment support that the person or the other person is not entitled to obtain or receive under this Act. (2) A person shall not provide a false or misleading statement in an application made under this Act or provide any false or misleading information to the minister or an officer. (3) A person shall not knowingly aid or abet another person in applying for, obtaining or receiving any support under this Act that the person is not eligible for under this Act. (4) A person who has committed fraud in respect of income or employment support received under this Act is guilty of an offence and, in addition to the penalty referred to in section 49 , shall repay the income or employment support fraudulently obtained. (5) A person who violates this section is guilty of an offence. 2002 cI-0.1 s48 Back to Top Penalty 49.

A person guilty of an offence under this Act or the regulations is liable on summary conviction to a fine of not more than $1,000. 2002 cI-0.1 s49 Back to Top Limitation period 50. A prosecution under this Act or the regulations shall be started within 3 years from the date the offence is alleged to have been committed. 2002 cI-0.1 s50 PART VI FORMS AND REGULATIONS Back to Top Forms 51. The minister may establish forms for the purpose and administration of this Act. 2002 cI-0.1 s51 Back to Top Regulations 52. (1) The Lieutenant Governor in Council may make regulations (a) prescribing those individuals or entities with whom or with which the minister may exchange information under subsection 7 (3); (b) governing the manner of applying for income or employment support, the information that may be required to support the application and the time period in which it shall be provided; (c) prescribing the eligibility criteria for income or employment support referred to in section 14 ; (d) prescribing criteria for the assessment of an application for income or employment support; (e) prescribing the purposes for which a person considered to live in the province may be absent from the province under subsection 15 (2); (f) respecting the time and manner in which an applicant shall provide information required to assess an application; (g) respecting the time and manner in which a recipient shall provide information required to assess the recipient's eligibility; (h) respecting the changes that may affect eligibility for income or employment support; (i) respecting the time period in which an officer may act under subsection 17 (6); (j) prescribing the rates of income support that may be granted; (k) providing for the variance, suspension and cancellation of income or employment support; (l) fixing the intervals at which and the manner in which income and employment support shall be granted; (m) respecting the manner in which an officer may assist a person to obtain child or spousal support under subsection 18 (3); (n) respecting the manner in which income support may be used in the provision of employment support under subsection 19 (2); (o) prescribing the criteria for determining temporary or permanent incapacity for the purpose of paragraph 20 (1)(b); (p) prescribing the conditions and the material proof of a fact including documents that shall be provided to determine eligibility for income and employment support; (q) respecting the appointment of an officer or officers to perform an internal review under subsection 41 (1); (r) prescribing the manner in which an internal review may be conducted under section 41 ; (s) prescribing the qualifications of persons for appointment as members of the appeal board; (t) prescribing the administration and procedures of the board; (u) providing for the payment by the province to members of the appeal board for remuneration and expenses; (v) providing for the payment by the province of travelling and other expenses respecting the attendance of the person appealing to the appeal board, or of his or her representative or of witnesses, including conferring on the appeal board the power to fix the expenses to be paid or to direct that no expenses be paid; (w) respecting other matters relating to the appeal board that appear necessary or desirable to ensure that applications respecting income or employment support, or other matters relating to appeals under section 43 are fully considered and dealt with; (x) prescribing a rate or formula for computing the recovery of overpayments of income or employment support; (y) respecting the manner of apportionment under subsection 24 (7); (z) respecting the choice of the method of recovery of overpayments referred to in Part III to be used to recover overpayments from current and former recipients of income or employment support; (aa) prescribing the amount and rate of garnishment under section 29 ; (bb) respecting the powers and duties of persons authorized to perform investigations under this Act; (cc) prescribing the criteria to be considered when determining the existence of a conjugal relationship; and (dd) generally, to give effect to the purpose of this Act. (2) Regulations made under subsection (1) may apply generally or to a particular part of the province. (3) Regulations made under this section may be made with retroactive effect. 2002 cI-0.1 s52 PART VII CONFLICT, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT Back to Top Conflict 53. Where there is a conflict between this Act and sections 4.1 to 4.3 of the Health and Community Services Act, this Act shall prevail. 2002 cI-0.1 s53 Back to Top SNL2002 cA-1.1 Amdt. 54. Subparagraph 30(2)(l)(ii) of the Access to Information and Protection of Privacy Act is amended by deleting the words "social assistance" and substituting the words "income or employment support" and by deleting the words " Social Assistance Act " and substituting the words " Income and Employment Support Act ". 2002 cI-0.1 s54 Back to Top RSNL1990 cA-22 Amdt. 55. (1) Subsection 45.1(8) of the Automobile Insurance Act is amended by deleting the words " Social Assistance Act " and substituting the words " Income and Employment Support Act ". (2) Paragraph 45.17(2)(b) of the Act is amended by repealing the words " Social Assistance Act " and substituting the words " Income and Employment Support Act" . (3) Subsection 45.20(2) of the Act is amended by repealing the words " Social Assistance Act " and substituting the words " Income and Employment Support Act ". 2002 cI-0.1 s55 Back to Top SNL2001 cC-14.1 Amdt. 56. The Schedule to the Citizens' Representative Act is amended by deleting the words "Social Assistance Appeal Board" and substituting the phrase "An appeal board appointed under the Income and Employment Support Act" . 2002 cI-0.1 s56 Back to Top RSNL1990 cF-2 Amdt. 57. Subsection 39(4) of the Family Law Act is amended by deleting the words " Social Assistance Act " and substituting the words " Income and Employment Support Act ". 2002 cI-0.1 s57 Back to Top SNL1995 cP-37.1 Amdt. 58. (1) The Health and Community Services Act is amended by adding immediately after section 4 the following: Back to Top Other programs and services 4.1 (1) The minister may provide those programs and services and confer those benefits as described in the Employability Assistance Agreement for Persons with Disabilities or its successor agreement. (2) The eligibility of a person for benefits under the agreement referred to in subsection (1) shall be determined in accordance with the criteria set out in the agreement, and the minister may vary, suspend or cancel those benefits in accordance with the same criteria. Back to Top Internal review 4.2 (1) The minister shall, in accordance with the regulations, appoint a person or persons to perform an internal review of eligibility for, or variance, cancellation or suspension of benefits under section 4.1. (2) A person may, in writing, no more than 60 days after being notified of a decision under section 4.1, request an internal review of that decision. (3) A person or persons appointed under subsection (1) shall review matters under this Act in the manner prescribed by the regulations. (4) An internal review shall be performed within 15 days of the receipt of the written request for it and the results of an internal review shall, in writing, within 5 business days of its being decided, be provided to the person who requested the review and that person is considered to have received the outcome of the internal review 7 days after it has been decided. Back to Top Appeal 4.3 (1) The outcome of an internal review under section 4.2 may be appealed to the appeal board appointed under the Income and Employment Support Act . (2) The outcome of an internal review under section 4.2 shall only be appealed to the appeal board referred to in subsection (1) and is not subject to appeal to or review by a court of law. (2) Subsection 11(1) of the Act is amended by adding immediately after paragraph (c) the following: (c.1) respecting the appointment of a person or persons to perform an internal review under section 4.2; (c.2) with respect to the process for internal review under section 4.2; 2002 cI-0.1 s58 Back to Top SNL1991 c16 Amdt. 59. Subsection 43(2) of the Jury Act, 1991 is amended by deleting the words "social assistance" and substituting the words "income or employment support". 2002 cI-0.1 s59 Back to Top RSNL1990 cP-26 Amdt. 60. Subsection 3(1) of the Proceedings Against the Crown Act is amended by deleting the words " Social Assistance Act" and substituting the words " Income and Employment Support Act ". 2002 cI-0.1 s60 Back to Top RSNL1990 cR-5 Amdt. 61. Subsection 11.1 of the Reciprocal Enforcement of Support Orders Act is amended by deleting the words " Social Assistance Act" and substituting the words " Income and Employment Support Act ". 2002 cI-0.1 s61 Back to Top RSNL1990 cS-31 Amdt. 62. (1) Subsection 5(4) of the Support Orders Enforcement Ac t is amended by deleting the words " Social Assistance Act " and substituting the words " Income and Employment Support Act ". (2) Section 6(1) of the Act is repealed and the following substituted: Back to Top Subrogation of rights 6. (1) Where a person is in receipt of benefits under the Income and Employment Support Act , the following rights of that person with respect to a support order may, with that person's consent, be subrogated to the Crown as represented by the minister: (a) the right to apply for a support order or a provisional order; (b) the right to receive payments under a support order or a provisional order; (c) the right to apply for variation of a support order; and (d) the right to bring proceedings to enforce a support order. (3) Subsections 6(1.1) and (2) of the Act are amended by deleting the words " Social Assistance Act" wherever they appear and substituting the words " Income and Employment Support Act ". (4) Subsection 6(3) of the Act are amended by deleting the words "social assistance" wherever they appear and substituting the words "income or employment support". (5) Subsection 19(1) of the Act is amended by deleting the words "Social Assistance Act" and substituting the words "Income and Employment Support Act" . 2002 cI-0.1 s62 Back to Top Repeal 63. (1) The following Acts are repealed: (a) the Rehabilitation Act ; (b) the Social Assistance Act ; and (c) the Social Services Appeal Board Act . (2) The following regulations are repealed: (a) the Home Support Regulations , Consolidated Newfoundland and Labrador Regulations 1020/96; (b) the Social Assistance Civil Legal Aid Regulations, Consolidated Newfoundland and Labrador Regulation 764/96; and (c) the Social Assistance Regulations, Consolidated Newfoundland and Labrador Regulations 1027/96. 2002 cI-0.1 s63 Back to Top Commencement 64. This Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Nov. 30/04) 2002 cI-0.1 s64