Social Assistance Act Regulations

c t SOCIAL ASSISTANCE ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to March 1, 2025. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca INTERPRETATION, APPLICATION Social Assistance Act Regulations Section 0 c SOCIAL ASSISTANCE ACT Chapter S-4.3 REGULATIONS Pursuant to section 7 of the Social Assistance Act R.S.P.E.I. 1988, Cap. S-4.3, Council made the following regulations: INTERPRETATION, APPLICATION 1. Definitions (1) In these regulations (a) “Act” means the Social Assistance Act R.S.P.E.I. 1988, Cap. S-4.3; (b) revoked by EC628/05; (c) “agent” means an adult person who applies for, or has applied for, assistance on behalf of an applicant; (d) “applicant” means (i) a person who applies for social assistance, or (ii) a person who receives social assistance; (e) “comfort allowance” revoked by EC628/05; (e.1) “care services” means care services as defined in the Community Care Facilities and Nursing Homes Act R.S.P.E.I. 1988, Cap. C-13; (e.2) “community care facility” means a community care facility as defined in the Community Care Facilities and Nursing Homes Act; (f) “dependent” means a child of either an applicant or the applicant’s spouse, who (i) is either (A) under 18 years of age and living with the applicant, or (B) 18 years of age or over, but under 25 years of age, and attending a full-time education program, and (ii) is not receiving assured income or social assistance; (g) revoked by EC735/21; (h) “emergency assistance” means financial assistance granted to an applicant on a one-time basis for a period of time not exceeding one month; (i) “established rates” means the rates of financial assistance established by the Lieutenant Governor in Council under subsection 4.1(1) of the Act; c t Current to: March 1, 2025 Page 3 INTERPRETATION, APPLICATION Section 0 Social Assistance Act Regulations (j) “estate” means the value of real and personal property of an applicant at the time of the applicant’s death, less mortgages and other secured debt and before estate expenses and disbursements; (k) “financial resources” means the financial resources of an applicant as determined by the Director in accordance with sections 13 and 14; (l) revoked by EC735/21; (m) “items of basic need” means items that are essential to maintain the minimum living requirements of an applicant and the applicant’s spouse and dependents, including food, drugs, shelter, fuel, real property taxes, fire insurance, utilities, clothing, personal requirements, household supplies and local transportation; (n) “items of special need” means items of special need described in section 19; (o) revoked by EC735/21; (p) revoked by EC735/21; (q) “nursing home” revoked by EC628/05; (r) “personal care allowance” means an allowance paid under subsection 19(7); (s) revoked by EC735/21; (t) “principal residence” means the primary dwelling of an applicant at the time of an application under these regulations, and includes the property on which the dwelling is located, to a maximum of one acre; (u) revoked by EC735/21; (v) revoked by EC735/21; (w) “spouse” means an individual who, in respect of another person, (i) is married to the other person, (ii) has entered into a marriage with the other person that is voidable or void, or (iii) is not married to the other person but is cohabiting with the other person in a conjugal relationship; (x) “transient person” means a person who is present in the province and whose apparent intent is to visit temporarily in the province; (y) “written policies” means the written policies developed under subsection 4.4(5) of the Act. “assured income” and “supports” (1.1) In these regulations, the terms “assured income” and “supports” have the same meaning as in the Supports for Persons with Disabilities Act R.S.P.E.I. 1988, Cap. S-9.2. Spouse, presumption (1.2) The Director may presume that two persons who appear to be married or cohabiting in a conjugal relationship are spouses, subject to evidence satisfactory to the Director rebutting that presumption. Director (2) Revoked by EC628/05. Prescribed social services (3) The following kinds of services are prescribed as social services: (a) rehabilitation services; (b) casework, counselling, assessment and referral services; Page 4 Current to: March 1, 2025 t c POLICIES Social Assistance Act Regulations Section 0 (c) homemaker, day-care and similar services; (d) community development services; (e) revoked by EC735/21; (f) consultation, research and evaluation services respecting assistance programs; (g) family health benefit programs; (h) legal and related services. Approved residential institutions (4) The following are approved residential institutions: (a) hostels for transients; (b) licensed community care facilities; (c) group homes and other assisted living facilities; (d) transition homes. (EC396/03; 628/05; 735/21; 176/25) POLICIES 2. Established rates included in written policies The Director shall ensure that the written policies include the established rates. (EC396/03) REVIEW 3. Annual review, rates and exemptions The Lieutenant Governor in Council shall review annually (a) the established rates of financial assistance; and (b) exemptions from the calculation of financial resources to determine their adequacy in meeting the needs of applicants. (EC396/03) APPLICATION 4. Application for social assistance (1) An application for social assistance shall be (a) completed by an applicant and the applicant’s spouse, except where the Director (i) is satisfied that the spouse does not reside with the applicant, or (ii) determines that the signature of the spouse cannot be obtained; and (b) treated as a joint application by both spouses if the applicant resides with a spouse. Agent of applicant (2) The Director (a) may accept an application from an agent of an applicant, where the Director is satisfied that the applicant is incapable of making the application personally by reason of infirmity, illness, minority or other cause; and c t Current to: March 1, 2025 Page 5 APPLICATION Section 0 Social Assistance Act Regulations (b) may enter into an agreement for repayment with an agent of the applicant under subsection 6.1(4) of the Act. Letter (3) A letter received from an applicant or an agent may be considered by the Director as an application for social assistance pending receipt of the application form completed by the applicant or agent in accordance with these regulations. Information and evidence (4) An applicant and the applicant’s spouse shall provide such information and evidence in support of an application for social assistance as may be required under the Act and these regulations for the determination of the applicant’s eligibility for assistance. Property of Minister (5) A submitted application for social assistance and related documentation are the property of the Minister. Applicant’s living arrangements (6) The Director (a) in the case of an applicant who is living with another person as the apparent spouse of that person, shall consider the application to be a joint application; and (b) may require an applicant to swear an affidavit respecting the applicant’s living arrangements. (EC396/03; 628/05) 5. Inquiries respecting applicant (1) The Director shall inquire into the living conditions, financial resources and other circumstances of an applicant to determine whether the applicant is a person in need. Receipts (2) Except in the case of an application for emergency assistance, an applicant shall provide to the Director receipts for drugs, shelter, fuel, utilities, real property tax, fire insurance and items of special need, as well as confirmation of financial resources and other information as may be required by the Director. Shared dwelling (3) If an applicant is a member of a household of another person or shares a dwelling with another person, the Director may divide the actual expenses associated with the dwelling by the number of people sharing it. Case audits, monitoring (4) The Director (a) shall conduct case audits and take such other action as may be necessary for the monitoring and evaluation of service delivery; and (b) may report to the Minister on the conduct and results of such audits and other action taken under this subsection. Access to records, employees (5) Revoked by EC628/05. Page 6 Current to: March 1, 2025 t c APPLICATION Social Assistance Act Regulations Section 0 Verification of information (6) The Director shall conduct such investigations as he or she considers necessary to verify the information provided by an applicant. (EC396/03; 628/05; 398/14) 6. Calculate needs and resources (1) The test for determining whether an applicant is a person in need shall include the following calculations by the Director: (a) a calculation of amounts needed by the applicant for items of basic need and items of special need; and (b) a calculation of the value of the financial resources of the applicant. Demonstrated need (2) Where the calculations made under subsection (1) show that the needs of the applicant exceed the applicant’s financial resources, the applicant is a person in need and the Director may grant financial assistance to the applicant. Unemployed applicant (3) Where an applicant is unemployed and is a person in need, the Director may grant financial assistance to the applicant if the Director is satisfied that the applicant (a) is unemployed due to circumstances beyond the applicant’s control; (b) is willing to undertake employment for which the applicant is capable; (c) is making reasonable efforts to secure employment, including active registration with local employment agencies; (d) can provide, upon request, written confirmation that the applicant has been actively seeking employment; and (e) is willing to accept available training. Voluntary absence from work (4) Notwithstanding any other provisions of these regulations, an applicant who is a person in need and who is voluntarily absent from employment by reason of participation in or support of a strike is ineligible for social assistance for any needs resulting from or related to that absence. Applicant leaves work (5) The Director shall refuse to grant financial assistance to an applicant who is voluntarily absent from employment or who has voluntarily terminated his or her employment without just cause. Medical reason for unemployment (6) Where an applicant is unable to maintain or seek employment for a medical reason, the applicant shall provide to the Director a medical report prepared by a medical practitioner describing the nature, extent and expected duration of that medical reason. Indefinite duration of disability (7) Revoked by EC398/14. c t Current to: March 1, 2025 Page 7 APPLICATION Section 0 Social Assistance Act Regulations Poor budgeting by applicant (8) The Director may refuse to grant financial assistance to an applicant who is a person in need where the Director determines that the applicant is in need because the applicant has not budgeted income and expenses in a reasonable and responsible manner. Assignment, etc. of assets (9) The Director shall refuse to grant financial assistance to an applicant if he or she determines that, within the two years preceding the date of the application, the applicant has made an assignment, sale or transfer of assets for the purpose of qualifying for financial assistance. Separation of spouses (10) Where the Director determines that an applicant is separated from his or her spouse for the purpose of making the applicant eligible for financial assistance, the Director shall refuse, cancel or suspend assistance to the applicant. Receipt of assured income (11) The Director shall refuse to grant financial assistance to an applicant if the applicant or the applicant’s spouse is receiving assured income. (EC396/03; 628/05; 398/14; 735/21) 7. Short-term financial assistance Revoked by EC735/21. (EC396/03; 628/05; 400/18; 735/21) 8. Liquid assets considered income (1) Revoked by EC735/21. Financial resources (2) Unless the Director determines that it would be unreasonable to do so, as a condition of eligibility for assistance, an applicant shall explore financial resources which may be available from all sources, including parents, grandparents, siblings and adult children. Financial aid is financial resource (3) The Director shall consider financial aid available to an applicant as a financial resource of the applicant. Assignment to the Director (4) As a condition of eligibility for financial assistance, the Director may require an applicant to assign to the government any income or benefits paid to or payable to an applicant for any period for which financial assistance will be or has been granted. Maximum amounts (5) The government is entitled to the income or benefits assigned under subsection (4) in an amount equal to the lesser of (a) the total amount of the assigned income or benefit; or (b) the total amount of financial assistance received by an applicant during the period of time to which the income or benefit relates. Exception (6) Subsection (4) does not apply to income or benefits that are exempt as a financial resource under this section. Page 8 Current to: March 1, 2025 t c APPLICATION Social Assistance Act Regulations Section 0 Action for support (7) Subject to subsection (8), as a condition of eligibility for financial assistance, an applicant or the applicant’s spouse shall initiate an action or other proceeding to enforce the payment of a claim for support, a domestic contract or a court order respecting the obligation of another person to support the applicant, the applicant’s spouse or any of their dependents. Exception (8) The Director may waive compliance with subsection (7) if the Director determines that compliance with this requirement would adversely affect an applicant or would prove futile or unreasonable. Emergency assistance prior to approval (9) Where the Director determines special circumstances apply and that an applicant requires financial assistance before a complete inquiry can be made into the applicant’s circumstances, the Director may grant emergency assistance to the applicant pending a final approval of the application. (EC396/03; 628/05) 9. Minor may apply (1) A minor may apply for social assistance through an agent. Minor applicant in need (2) The Director may determine that a minor applicant living apart from his or her parents is a person in need, after conducting an investigation into whether or not the home of the minor applicant’s parents is available or suitable for his or her care, training or development. Full-time attendance in educational program (3) As a condition of eligibility for financial assistance, a minor applicant shall be in full-time attendance in a technical, vocational or academic educational program. Continued eligibility (4) Where a minor applicant reaches 18 years of age and is in full-time attendance in an educational program, the applicant continues to be eligible for financial assistance, subject to these regulations, until the applicant is no longer in full-time attendance in an educational program. Exception (5) Notwithstanding subsection (3), the Director may grant financial assistance to a minor applicant who is unable to participate in an educational program by reason of age or other cause acceptable to the Director. Does not affect responsibility for support (6) The granting of assistance under this section does not relieve the parents of a minor applicant of the responsibility for the support and maintenance of the minor applicant. (EC396/03; 628/05; 735/21) 10. Assistance to transient person The Director may grant financial assistance to a transient person who is a person in need in an amount that the Director considers adequate for the cost of a meal, overnight lodging and ferry or bridge fare. (EC396/03; 628/05) c t Current to: March 1, 2025 Page 9 REPAYMENT Section 0 Social Assistance Act Regulations 11. Likely to become person in need The Director may grant social assistance in the form of goods and services to an applicant who is not a person in need if he or she is likely to become a person in need if the goods or services are not provided. (EC396/03; 628/05) REPAYMENT 12. Repayment of assistance (1) An applicant may be required to repay financial assistance in accordance with section 6.1 of the Act if the applicant is a person in need who (a) receives income that is paid retroactively for the same period for which the financial assistance was paid; or (b) applies for assistance in the form of an advance or deposit for the purpose of securing rental accommodations, utility connections or similar services. Satisfaction of certificate (2) If (a) a certificate has been filed with the Registrar of the Supreme Court under subsection 6.1(5) of the Act; and (b) the debt has been paid or has been cancelled, discharged or written off in accordance with the Financial Administration Act, the Minister shall file a satisfaction of the certificate with the Registrar and serve it on the debtor. (EC396/03) FINANCIAL RESOURCES 13. Calculation of financial resources (1) For the purpose of the Act and these regulations, the value of the financial resources of an applicant is the sum of (a) the income of the applicant and the applicant’s spouse, if applicable; and (b) the value of the assets of the applicant and the applicant’s spouse, if applicable, that exceeds (i) where the applicant has no spouse or dependents, $5,000, (ii) where the applicant has dependents, but no spouse, $6,000 plus $500 for each dependent, to a maximum of $8,500, or (iii) where the applicant has a spouse, $10,000 plus $500 for each dependent, if applicable, to a maximum of $12,500. Exception, community care facility (1.1) Notwithstanding subsection (1), where an applicant resides in a community care facility, for the purpose of determining whether the applicant is a person in need of financial assistance for care services under subsection 15(2), the value of the financial resources of the applicant is the sum of (a) where the applicant has no spouse, (i) the income of the applicant, and Page 10 Current to: March 1, 2025 t c FINANCIAL RESOURCES Social Assistance Act Regulations Section 0 (ii) the value of the assets of the applicant that exceeds $100,000; or (b) where the applicant has a spouse, (i) 50 per cent of the income of the applicant and the applicant’s spouse, and (ii) 50 per cent of the value of the assets of the applicant and the applicant’s spouse that exceeds $100,000. Income (2) Subject to subsections (3), (4) and (5), monies received from any source are considered income, including the following: (a) income from employment and self-employment, including wages, commission, tips and training allowances; (b) payments from income assistance programs, including employment insurance and emergency response and recovery programs; (c) retirement allowances, severance pay, and employment bonuses; (d) payments from pensions, retirement funds, trust funds or investments; (e) rental income; (f) a windfall, such as a bequest, settlement or lottery winnings; (g) student financial aid; (h) earned income from an interest in or the operation of a business. Exempt from individual income (3) The following are exempt from consideration as income of an applicant or the applicant’s spouse, if applicable: (a) involuntary deductions from earned income made pursuant to federal taxation laws; (b) deductible expenses from income earned from self-employment; (c) an allowance for room and board expenses provided under a federal, provincial or employer-sponsored employment training program, provided that the person receiving the allowance is living in a place other than that person’s principal residence and the allowance is used for the intended purposes; (d) all or part of a training allowance exempted by the Director; (e) monies received as financial aid for the purpose of attending a post-secondary educational program, and applied to the costs of tuition, books and educational supplies; (f) monies withdrawn from a registered education savings plan, provided those monies are used for educational purposes; (g) monies withdrawn from a registered disability savings plan; (h) monies received from a government or a social service agency for providing foster care to a child; (i) child support received under the Family Law Act R.S.P.E.I. 1988, Cap. F-2.1, or the Divorce Act (Canada) or similar legislation in another jurisdiction; (j) a child tax benefit paid under the Income Tax Act (Canada); (k) a goods and services tax (GST) or harmonized sales tax (HST) rebate; (l) monies received from a non-profit group or organization or a community fundraiser for the purchase of items of basic or special need, not exceeding the value of the items to be purchased; c t Current to: March 1, 2025 Page 11 FINANCIAL RESOURCES Section 0 Social Assistance Act Regulations (m) insurance monies received for the replacement or repair of items, provided that the monies are used for that purpose within six months from the date of receipt; (n) general damages or a similar type of compensation received by award or settlement in a judicial or quasi-judicial matter; (o) a payment received as a member of a class of persons from the Government of Canada or the government of a province or territory as compensation for a harm done; (p) a payment received as a member of a First Nation from the Government of Canada or the government of a province or territory in respect of a land claim; (q) a cash transfer on the sale of a family home or vehicle arising from spousal separation or divorce, for a period of 90 days to facilitate the purchase of another home or vehicle. Income tax refund exemption (4) The following amounts of income tax refunded are exempt from consideration as income in the calculation of the value of the financial resources of an applicant: (a) where an applicant has no spouse or dependents, up to $5,000 of income tax refunded to the applicant; (b) where an applicant has dependents but no spouse, up to $6,000 plus $500 for each dependent, to a maximum of $8,500, of income tax refunded to the applicant; (c) where an applicant has a spouse, up to $10,000 plus $500 for each dependent, if applicable, to a maximum of $12,500, of the total income tax refunded to the applicant and the applicant’s spouse. Windfall exemption (5) The following amounts of monies received as a windfall, including gifts, inheritances, lottery winnings or insurance settlements other than those referred to in clause (3)(m), are exempt from consideration as income in the calculation of the value of the financial resources of an applicant: (a) where an applicant has no spouse or dependents, up to $5,000 of windfalls received by the applicant; (b) where an applicant has dependents but no spouse, up to $6,000 plus $500 for each dependent, to a maximum of $8,500, of windfalls received by the applicant; (c) where an applicant has a spouse, up to $10,000 plus $500 for each dependent, if applicable, to a maximum of $12,500, of the total windfalls received by the applicant and the applicant’s spouse. Earned income exemption, subject to exception (5.1) The following amounts of earned monthly income are exempt from consideration as income in the calculation of the value of the financial resources of an applicant, except where calculated for the purpose of determining whether the applicant is a person in need: (a) where the applicant has no spouse or dependents, up to $250 per month of the applicant’s earned monthly income plus 30% of the amount exceeding $250; (b) where the applicant has dependents but no spouse, up to $400 per month of the applicant’s earned monthly income plus 30% of the amount exceeding $400; (c) where an applicant has a spouse, with or without dependents, up to $400 per month of the total earned monthly income of the applicant and the applicant’s spouse, plus 30% of the amount exceeding $400. Page 12 Current to: March 1, 2025 t c FINANCIAL RESOURCES Social Assistance Act Regulations Section 0 Assets (5.2) Subject to subsection (5.3), assets include (a) real property; (b) personal property; (c) a lien or mortgage; (d) cash, whether on hand or in a financial institution; (e) the cash surrender value of a life insurance policy; and (f) the realizable value of investments, including stocks, bonds, debentures, mutual funds, investment certificates, registered retirement savings plans, registered retirement income funds and savings receipts. Exempt from assets (5.3) The following are exempt from consideration as assets of an applicant and the applicant’s spouse, if applicable: (a) the principal residence of the applicant, owned by the applicant or the applicant’s spouse; (b) real and personal property essential for the operation of a business, where the business ordinarily provides the principal source of income of the applicant or the applicant’s spouse, including a fishing craft and gear, livestock, seed for the upcoming year’s crop, machinery, equipment and goods; (c) personal belongings that are, in the opinion of the Director, reasonable in nature and value; (d) one vehicle that is not used primarily as a recreational vehicle; (e) the realizable value of a registered educational savings plan or a registered disability savings plan; (f) the value of a prepaid funeral, up to $5,000; (g) the cash surrender value of a life insurance policy, up to $5,000. Assets to be converted to cash (6) Subject to subsections (7) and (8), the Director shall not grant financial assistance to an applicant until all of the assets of the applicant have been sold or converted into cash and the proceeds of the sale or other conversion of the assets are used to support the applicant. Loss not to exceed 25% (7) The Director may exempt from his or her calculations assets that can be sold or converted into cash at a loss not exceeding 25% of their market value (a) for 90 days; or (b) until the assets have been sold or converted, whichever is earlier. Idem (8) Notwithstanding subsection (7), the Director may continue to consider as exempt the assets described in subsection (7) if he or she determines that all reasonable attempts are being made to sell or convert the assets into cash, or if selling the asset or converting it to cash would result in a loss exceeding 25% of the market value. (EC396/03; 628/05; 297/11; 400/18; 735/21; 176/25) c t Current to: March 1, 2025 Page 13 FINANCIAL RESOURCES Section 0 Social Assistance Act Regulations 14. Other adults in the residence (1) Where adults who are not dependents of an applicant reside in the principal residence of an applicant, the applicant shall be deemed to receive rental income from each adult in an amount which is a fair rental rate, as established by the written policies. Meals provided to other adults (2) Where an applicant provides meals to adults who are not dependents of the applicant, the applicant shall be deemed to receive payment from each adult in an amount which reflects a fair value for the meals, as established by the written policies. (EC396/03) 15. Financial assistance, items of basic need (1) Subject to subsection (2), the Director may grant financial assistance to an applicant for items of basic need in accordance with sections 16 to 18. Community care facility (2) Where an applicant resides in a community care facility, the Director may grant financial assistance, not exceeding the established rate, to the applicant for care services and sections 16 to 18 do not apply in respect of the applicant. (EC396/03; 628/05; 735/21; 176/25) 16. Basic unit rate (1) In this section, “basic unit rate” means the established rate for items of basic need, other than those addressed in sections 17 and 18, for an adult or a child. Food, clothing etc. (2) Subject to subsections (3) and (4), the Director may grant financial assistance to an applicant for items of basic need, other than those addressed in sections 17 and 18, for the applicant and the applicant’s spouse and dependents, if applicable, at the basic unit rate for each person. Special diet (3) Where a nutritionist or dietitian engaged by the Director determines that an applicant or the applicant’s spouse or dependent requires a special diet, the cost of which is not adequately covered by the basic unit rate, the Director may increase the financial assistance granted for that person under subsection (2) by an amount the Director considers appropriate to cover the cost of the special diet. Pregnancy (4) Where an applicant or the applicant’s spouse or dependent is pregnant, the Director shall increase the financial assistance granted for that person under subsection (2) by an amount the Director considers appropriate to cover any additional cost of food for that person. (EC396/03; 628/05; 735/21; 176/25) 17. Cost of shelter (1) The Director may grant financial assistance, not exceeding the established rate, for the cost of shelter for an applicant and the applicant’s spouse and dependents, if applicable, in any of the following: (a) rental accommodation, including the cost of rent, heat and electricity; (b) accommodation owned by the applicant or the applicant’s spouse, including the cost of any mortgage payment or lot rental, heat, electricity and real property taxes; Page 14 Current to: March 1, 2025 t c FINANCIAL RESOURCES Social Assistance Act Regulations Section 0 (c) the home of a relative, other than a parent; (d) revoked by EC176/25; (e) other accommodations approved by the Director. Shared accommodations (2) Where an applicant is sharing accommodations with a person other than the applicant’s spouse or dependents, the Director may grant financial assistance for shelter in an amount equal to an equitable share of the cost of shelter, but not exceeding the established rate for shelter the applicant would receive if the applicant were not sharing accommodations. Exceptional needs (3) Notwithstanding subsections (1) and (2), the Director may grant financial assistance exceeding the established rate for the cost of shelter where the cost exceeds the established rate due to exceptional needs of the applicant or the applicant’s spouse or dependents. Associated costs (4) The Director may grant financial assistance for the cost incurred by an applicant for (a) tenant or fire insurance; (b) water and sewer service; and (c) waste management. Applicant living with parent (5) Notwithstanding subsections (1) to (4), the Director shall not grant financial assistance for the cost of shelter or the costs referred to in subsection (4) to an applicant living with a parent unless the Director determines undue hardship would result. Laundry (6) Where an applicant is required to pay for the use of a washer and dryer, the Director may grant financial assistance in the amount that the Director considers appropriate for laundry expenses. (EC396/03; 628/05; 735/21; 176/25) 18. Communication device The Director may grant financial assistance to an applicant at the established rate for a communication device. (EC396/03; 628/05; 297/11; 735/21; 176/25) 19. Assistance for items of Special Need (1) The Director may grant financial assistance to an applicant for items of special need in accordance with subsections (3) to (22). Records (2) The Director shall record and file with each application for items of special need, the circumstances and considerations taken into account in granting or denying the application. Relocation expenses (3) The Director may grant financial assistance in the amount that the Director considers appropriate for relocation expenses of the applicant and the applicant’s spouse and dependents, if applicable, to (a) enable the applicant to return to the applicant’s usual province of residence; c t Current to: March 1, 2025 Page 15 FINANCIAL RESOURCES Section 0 Social Assistance Act Regulations (b) enable the applicant or the applicant’s spouse to assume suitable employment outside of the province, if written confirmation is provided that (i) employment has been secured, and (ii) no assistance is available from the employer or any other source for the relocation expenses; or (c) assist the applicant, the applicant’s spouse or a dependent to relocate to a nursing home, community care facility or supported living facility. One time assistance (4) Notwithstanding subsection (3), the Director shall not grant financial assistance in respect of the same applicant for the purpose of clause (1)(a) more than once. Transportation expenses (5) The Director may grant financial assistance in the amount that the Director considers appropriate for transportation expenses of the applicant, the applicant’s spouse or a dependent to (a) obtain medical or hospital services that cannot be obtained near the applicant’s usual place of residence, provided that any services to be obtained outside of the province have been pre-approved under the Health Services Payment Act R.S.P.E.I. 1988, Cap. H-2 or the Hospital and Diagnostic Services Insurance Act R.S.P.E.I. 1988, Cap. H- 8; (b) escort the applicant, the applicant’s spouse or a dependent to obtain medical or hospital services in accordance with clause (a), if the Director is satisfied an escort is required; (c) attend employment; or (d) transport a dependent child to a childcare facility or a sitter. Efficient, practical and cost-effective (5.1) The Director shall determine the most efficient, practical and cost-effective means of relocation for the purpose of subsection (3) or mode of transportation for the purpose of subsection (5). Applicant with disability (6) Revoked by EC735/21. Personal care allowance (7) The Director may grant financial assistance to an applicant at the established rates in the form of a personal care allowance for the purchase of items for personal care or comfort which, in the opinion of the Director, the applicant would otherwise be unable to purchase. School allowance (8) The Director may grant financial assistance to an applicant at the established rates in the form of a school allowance for children attending school in pre-kindergarten through grade 12 in the province to cover incidental school expenses of qualified dependents, including school supplies, activity fees, locker fees, and gymnasium clothing. Work-related items (9) The Director may grant financial assistance to an applicant at the established rates to pay for special clothing, mandatory licenses, fees or permits and essential tools where the items are Page 16 Current to: March 1, 2025 t c FINANCIAL RESOURCES Social Assistance Act Regulations Section 0 necessary to enable an applicant to commence or retain employment and the applicant is otherwise unable to pay for such items. Child care expenses (10) The Director may grant financial assistance to an applicant at the established rates for child care expenses. Housekeeping or homecare services (11) The Director may, in exceptional circumstances and for a period not exceeding four consecutive months, grant financial assistance in the amount that the Director considers appropriate for housekeeping or home-care services, where the Director determines that these services are necessary for the safety or well-being of the applicant and other reasonable arrangements cannot be made. Respite care services (12) Revoked by EC735/21. Home maintenance or minor repairs (13) The Director may grant financial assistance at the established rate for maintenance or minor repairs to an applicant’s principal residence if, (a) the applicant has been receiving assured income or social assistance for at least 12 months; and (b) the applicant’s principal residence is owned by the applicant or the applicant’s spouse. Substantial repairs (13.1) The Director may grant financial assistance in the amount that the Director considers appropriate for substantial repairs to the applicant’s principal residence if (a) the applicant’s principal residence is owned by the applicant or the applicant’s spouse; (b) in the opinion of the Director, (i) the repairs are essential to the health and safety of the applicant and the applicant’s spouse and dependents, if applicable, and (ii) the repairs are cost effective given the value of the property; and (c) alternative government or commercial financing is unavailable or insufficient to complete the repairs. Amount granted (13.2) The amount of financial assistance granted under subsection (13.1) shall not exceed the lesser of (a) the actual cost of the repairs; and (b) the deficiency remaining after available government or commercial financing. Additional amount (14) Notwithstanding subsection (13.2), the Director may grant an additional amount of financial assistance for the purposes of subsection (13.1), subject to repayment by the applicant in accordance with section 6.1 of the Act. c t Current to: March 1, 2025 Page 17 FINANCIAL RESOURCES Section 0 Social Assistance Act Regulations Essential furniture or appliances (15) The Director may grant financial assistance in an amount that the Director considers appropriate for the purchase or repair of essential furniture or appliances. Rental, utility deposits (16) The Director may grant financial assistance to an applicant in the form of advances or deposits for the purpose of securing rental accommodations, utility connections or other services for an applicant, and shall be repaid by the applicant in accordance with the Act and these regulations. Arrears for shelter, utilities (17) The Director may grant financial assistance to an applicant for the payment of not more than two months of arrears for shelter and utilities accrued (a) prior to the application for assistance if the health and safety of the applicant is endangered and if the applicant’s failure to pay the arrears resulted from a lack of financial resources; or (b) while an applicant is receiving assistance, but the assistance shall be considered an overpayment and shall be recovered from the applicant in accordance with the Act and these regulations. Optical needs (18) The Director may grant financial assistance at the established rate for an optical assessment and single vision or bifocal lenses and frames for an applicant or the applicant’s spouse or dependent, where, in the opinion of the Director, it is essential to the health and welfare of that person. Estate costs (19) The Director may, upon application by a third party, grant assistance to the third party for the following costs where he or she is satisfied that the estate of the deceased person is insufficient to meet the costs and that there is no alternative means of payment: (a) burial or cremation costs at the established rates; (b) the purchase of a gravesite at local rates; (c) the cost of opening and closing the grave at local rates; (d) the cost of transporting the body of the deceased person to a funeral home within the province, from within or outside the province; (e) other items as established by the written policies. Value of deceased’s estate (20) For the purposes of subsection (19), in determining the estate of a deceased person the Director shall include the following in his or her calculations: (a) where the deceased was a single person, the entire estate; or (b) where the deceased had a spouse or had dependents, one-half of the estate, including assets that would otherwise be exempt under subsection 13(5.3). Contribution by third party (21) Revoked by EC735/21. Page 18 Current to: March 1, 2025 t c SOCIAL SERVICES Social Assistance Act Regulations Section 0 Other items of special need (22) The Director may grant financial assistance to an applicant for other items of special need not included in this section if the Director determines that the items are necessary for the health, safety or well-being of an applicant. (EC396/03; 628/05; 735/21) 19.1 Optical, medical and dental expenses (1) Where an applicant ceases to be eligible for financial assistance due to income from employment, the Director may, for a period of up to 24 months, (a) grant financial assistance for optical needs of the applicant and the applicant’s spouse or dependents, if applicable, in accordance with subsection 19(18); and (b) deem the applicant to be in receipt of social assistance for the purposes of qualifying for medical or dental benefits provided through other programs. Extension (2) Where the Director believes it is necessary to support the applicant’s continued employment, the Director may extend the time period under subsection (1). (EC400/18; 735/21) SOCIAL SERVICES 20. Assistance as social services (1) The Director may grant social assistance to an applicant in the form of social services if the Director determines that an applicant has a need for the services. May charge fees (2) The Director may grant social assistance to an applicant who is not a person in need in the form of social services, but, where such services are granted, the Director may charge and collect such fees, charges or rates as the Minister may determine. (EC396/03; 628/05) 21. Contract with agencies (1) The Minister may enter into contracts with agencies for the granting of social services on a fee-for-service basis. Limit on use of moneys (2) A contract made under subsection (1) shall contain a budget agreed to by the parties and it shall stipulate that the disposition, expenditure or use of moneys received under it is limited to the amounts and purposes determined by the Act and these regulations. (EC396/03) GRANTING ASSISTANCE, METHOD OF PAYMENT 22. Written approval (1) After approval of an application for financial assistance, the Director shall advise the applicant in writing of the amount of financial assistance granted, the method of provision, the estimated duration of the financial assistance period, the applicant’s right of appeal, and the applicant’s responsibility to report immediately any change in circumstances which may in any way affect eligibility for financial assistance. c t Current to: March 1, 2025 Page 19 GRANTING ASSISTANCE, METHOD OF PAYMENT Section 0 Social Assistance Act Regulations Refusal (2) If an application for financial assistance or for an increase in the amount of assistance is rejected, the Director shall advise the applicant in writing of the reason for the decision and of the right to appeal. (EC396/03; 628/05) 23. Joint assistance Where financial assistance is granted on a joint application, the assistance shall be payable to the person designated in the application to receive payment. (EC396/03) 24. Lesser amount The Director may grant financial assistance in an amount less than the minimum available under these regulations (a) where the lesser amount is sufficient to meet the need for emergency assistance or the special needs of an applicant; or (b) at the request of an applicant. (EC396/03; 628/05) 25. Emergency assistance The Director may grant emergency assistance for items of basic need and items of special need. (EC396/03; 628/05) 26. Authorization for goods or services (1) Subject to subsection (2), financial assistance to an applicant shall be paid by cheque, electronic transfer or other similar means. Alternative payment (2) Where the Director determines that payment of financial assistance should not be made directly to an applicant, the assistance may be granted in the form of (a) an authorization for goods or services; or (b) payment to a third party. Vendor authorization (3) Where the Director arranges with a vendor to supply goods or services, an authorization form approved by the Director shall be used and a duplicate of the form shall be filed with the application of the applicant. (EC396/03; 628/05) 27. Agreement with agent (1) Where an application has been accepted from an agent of an applicant, the Director shall enter into an agreement with the agent of the applicant. Duties of agent (2) An agent shall disburse financial assistance payments on behalf of the applicant and shall submit an accounting for the assistance payments received and disbursed in such form and at such times as the Director may require. Page 20 Current to: March 1, 2025 t c OBLIGATIONS OF APPLICANT Social Assistance Act Regulations Section 0 No fees, etc. to agent (3) An agent is not entitled to any fee, compensation, reward or reimbursement of any costs or expenses charged or incurred by the agent in connection with the administration of financial assistance on behalf of the applicant. Exception (4) Notwithstanding subsection (1), where an application has been made by an agent for emergency assistance, the Director may grant the assistance in the form of goods or services without a written agreement. (EC396/03; 628/05) 28. Changes in amount of assistance (1) The Director may at any time increase, reduce, suspend or cancel the payment of financial assistance to, or on behalf of, an applicant where an investigation reveals that the conditions under which assistance was granted have changed or the applicant’s circumstances were misrepresented or not fully disclosed. Suspension of assistance (2) The Director may suspend the payment of financial assistance to, or on behalf of, an applicant where (a) an applicant refuses or neglects to comply with the Act, these regulations or the written policies; or (b) for a period exceeding 30 days, the applicant (i) is admitted to a hospital or other treatment facility, (ii) is absent from the province, or (iii) is imprisoned in a jail. Payment for last month (3) The Director may direct that financial assistance be paid for the month in which an applicant ceased to be eligible for assistance. Reinstatement of payment (4) When payment of financial assistance has been suspended in accordance with subsection (2) for a period of 30 days or less, the payment may be reinstated by the Director without requiring the completion of a new application form. Recovery of payments (5) The Director may, in addition to any other remedy available, recover from any applicant any money incorrectly or improperly paid to the applicant or on the applicant’s behalf under the Act or these regulations, by reducing the payment of financial assistance in whole or in part until the amount recovered equals the amount overpaid, or by such other means as the Director considers appropriate. (EC396/03; 628/05) OBLIGATIONS OF APPLICANT 29. Conditions of assistance (1) An applicant receiving financial assistance under the Act or these regulations shall c t Current to: March 1, 2025 Page 21 CHANGES, TERM OF ASSISTANCE, PROGRAM REFERRAL AND PROCEEDINGS Section 0 Social Assistance Act Regulations (a) accept employment where reasonable opportunities arise, or undergo training or treatment or both, necessary to improve or restore the applicant’s ability for self-support and for supporting dependents; (b) in the case of a minor applicant, attend school or accept employment leading towards self-support, unless the Director determines that there is a valid reason for the applicant not to do so;

(c) in the case of an applicant who is divorced or separated, initiate actions or other proceedings, and initiate enforcement of court orders or domestic contracts concerning the support obligations of other persons, except where the Director determines that compliance with this requirement would adversely affect the applicant or prove futile or unreasonable; (d) immediately report to the Director any change in circumstances which may make necessary an adjustment of the amount of financial assistance being paid; and (e) use the financial assistance for its intended purpose and in the best interests of all of the persons included in the application. Failure to comply with conditions (2) Where an applicant does not comply with subsection (1), the Director may reduce, suspend or cancel the financial assistance or pay it to an agent. (EC396/03; 628/05) CHANGES, TERM OF ASSISTANCE, PROGRAM REFERRAL AND PROCEEDINGS 30. Change in circumstances (1) Where the Director determines that there has been a material change in the circumstances of an applicant, the Director shall (a) review the applicant’s eligibility for financial assistance; and (b) maintain, adjust, suspend or cancel the payment of financial assistance as the Director considers necessary to ensure compliance with the Act and the regulations, in accordance with the Act and the regulations. Financial assistance (2) The Director may grant financial assistance to an applicant for a period not exceeding 12 months, and the assistance may be granted for additional periods not exceeding 12 months, as adjusted following approval of a new application for assistance by the applicant. (EC396/03; 628/05; 398/14; 735/21) 31. Program referral (1) The Director shall refer applicants to the appropriate program to pursue support orders or agreements. Enforcement proceedings by Director (2) The Director may initiate or defend maintenance proceedings under the Family Law Act R.S.P.E.I. 1988, Cap. F-2.1 on behalf of an applicant whether or not the applicant consents to such action. Page 22 Current to: March 1, 2025 t c PART III — APPEALS, MISCELLANEOUS Social Assistance Act Regulations Section 0 Progress on action (3) Where an applicant initiates proceedings under subsection 8(7), the Director shall review at regular intervals the progress being made in relation to the action and its enforcement. (EC396/03; 628/05) Sections 32 to 42 revoked by EC628/05. (EC396/05; 628/05) PART III — APPEALS, MISCELLANEOUS 42.1 Definitions (1) In this Part, (a) “head” means (i) in respect of the provision of social assistance, the Director, (ii) in respect of the program established under the Supports for Persons with Disabilities Act, the Director appointed under that Act, and (iii) in respect of the programs set out in subsection (2), the Director; (b) “social benefit” means any of the following: (i) social assistance, (ii) supports or assured income, (iii) a benefit set out in subsection (2); (c) “social program” means any of the following: (i) the provision of social assistance under this Act, (ii) the program established under the Supports for Persons with Disabilities Act to provide supports and assured income, (iii) a program set out in subsection (2). Decisions respecting benefits subject to appeal (2) For the purpose of subsection 5.1(1) of the Act, a decision respecting the provision of benefits under the following programs may be appealed to the Board: (a) At Home Caregiver Benefit; (b) Child Care Subsidy Program; (c) Seniors Independence Initiative. (EC735/21; 176/25) 43. Quorum (1) Three members of the Board, including the chairperson or vice-chairperson, constitute a quorum. Vice-chairperson shall act (2) Where the chairperson of the Board is absent or unable to act, or the office of the chairperson is vacant, the vice-chairperson has and shall exercise the jurisdiction and power of the chairperson. Administrative support (3) The Minister shall designate an employee of the Department to provide administrative support to the Board. (EC396/03; 628/05) c t Current to: March 1, 2025 Page 23 PART III — APPEALS, MISCELLANEOUS Section 0 Social Assistance Act Regulations 44. Resignation of Board member (1) A member of the Board may resign at any time by giving written notice to the Lieutenant Governor in Council. Termination of Board member (2) The Lieutenant Governor in Council may terminate the appointment of a Board member by providing written notice to the member on any of the following grounds: (a) the member has ceased to be a resident of the province; (b) the member is apparently in conflict of interest; (c) there is a reasonable apprehension of bias on the part of the member; (d) the member is charged with or is convicted of an offence which, in the opinion of the Lieutenant Governor in Council, renders that member unsuitable to continue on the Board; (e) such other ground as the Lieutenant Governor in Council may consider to be just cause for termination. (EC396/03) 45. Grounds of appeal (1) Pursuant to subsection 5.1(1) of the Act, a person may appeal a decision respecting the provision of a social benefit on the following grounds: (a) an application in respect of the social benefit was not accepted or was denied; (b) the social benefit granted was not in accordance with the enactment or policy governing the provision of the social benefit; (c) the social benefit was reduced, suspended, cancelled or withheld. Appeal (2) An appellant shall serve a notice of appeal on the Board setting out the grounds of appeal within 30 days of the date of the decision appealed from. Right to be represented (3) An appellant may be represented on the appeal by counsel or a third party. Head to provide information and documentation (4) On receipt of a notice of appeal, the Board shall notify the head of the social program who shall provide to the Board (a) a copy of the appellant’s application in respect of the social benefit, including any supporting documentation; (b) a copy of the decision under appeal; and (c) any other documents and records in the head’s custody or control pertaining to the decision under appeal.. (EC396/03; 628/05; 735/21) 46. Appeal hearing within 15 clear days (1) The Board shall commence a hearing of the appeal within 15 clear days after receipt of the notice of appeal. 3 clear days’ notice of the hearing (2) The chairperson of the Board shall give the appellant and the Director at least three clear days’ notice of the date, time and place of the hearing. Page 24 Current to: March 1, 2025 t c PART III — APPEALS, MISCELLANEOUS Social Assistance Act Regulations Section 0 Service of notice (3) Notice of the hearing shall be sent by registered mail to the appellant at the address shown in the notice of appeal. Re-scheduling the hearing of the appeal (4) Subject to subsection (1), the Board may reschedule the hearing after giving the parties reasonable notice of the new time and place of the hearing. Withdrawal of appeal (5) An appellant may withdraw an appeal at any time before the hearing by notifying the Board. (EC396/03; 628/05) 47. Continuation of benefit pending appeal (1) Where a decision to reduce, suspend, cancel or withhold a social benefit is appealed, the social benefit shall continue to be provided to the appellant until the Board renders its decision. Benefit may be considered overpayment (2) Where an appeal is not successful, a social benefit paid in accordance with subsection (1) may be considered an overpayment recoverable as a debt due to the Government. No benefit pending appeal (3) Where a decision not to accept or to deny an application is appealed, no social benefit shall be provided unless the Board grants the appeal. (EC396/03; 628/05; 735/21) 48. Quorum for appeal (1) No more than four members of the Board, including the chairperson or vice-chairperson, shall hear the appeal. Open or closed hearing (2) The appellant may request that the hearing be held in private or open to the public. Failure of appellant to attend (3) Where the appellant or the person acting on behalf of the appellant does not attend the hearing, the Board shall dismiss the appeal without a hearing. (EC396/03; 628/05; 398/14) 49. Board decides matters before it (1) The Board shall decide only the matters that fall within the enactment or policy governing the social program and that are raised as grounds of appeal. Powers of Board (1.1) The Board and its members have the powers of a commissioner under sections 3 to 5 of the Public Inquiries Act R.S.P.E.I. 1988, Cap. P-31. Conclusion of hearing (2) At the conclusion at the hearing of the appeal, the Board shall (a) dismiss the appeal; or (b) allow the appeal and vary the decision under appeal. c t Current to: March 1, 2025 Page 25 PART III — APPEALS, MISCELLANEOUS Section 0 Social Assistance Act Regulations Written decision within 15 days (3) The Board shall provide the decision of the majority, in writing, to the parties within 15 clear days of the conclusion of the hearing. Decision final (4) Subject to subsection (5), the decision of the Board is final and binding on the parties. Review of appeal on new evidence (5) Within 10 clear days of receipt of the written decision, the head of the social program or the appellant may, on the basis of new evidence only, request that the Board review its decision on the appeal. Decision final (6) The decision of the Board on a review under subsection (5) is final and binding on the parties. Effective date of decision (7) The effective date of the decision of the Board under subsection (2) or subsection (6) shall be retroactive to the date of the decision which was appealed. (EC396/03; 628/05; 735/21) 50. Costs (1) Where an appeal is allowed by the Board, the Board may award costs to the appellant in an amount sufficient to cover reasonable expenses, excluding legal fees, resulting from the appeal. Overpayment (2) Revoked by EC735/21. (EC396/03; 735/21) 51. Fiscal year (1) In this section, “fiscal year” means the period beginning on April 1 in one year and ending on March 31 in the next year. Annual report (2) Each fiscal year, commencing April 1, 2015, the Board shall submit an annual report for the preceding fiscal year on or before June 30th next following the end of the preceding fiscal year. Transitional – calendar year to fiscal year (3) Notwithstanding subsection (2), the annual report submitted by the Board for the fiscal year commencing on April 1, 2014, and ending on March 31, 2015, shall also include a report of the Board respecting the time period from January 1, 2014, to March 31, 2014. (EC396/03; 398/14) 52. Revocation Revoked by EC628/05. (EC396/03; 628/05) Page 26 Current to: March 1, 2025 t c