Children’s Special Allowance Regulations (SOR/93-12)

Regulations are current to 2013-05-20 and last amended on 2011-12-15. Previous Versions

 [Repealed, SOR/2003-161, s. 1]

COMMUNICATION OF INFORMATION

 The information referred to in section 11 of the Act may be furnished to the government of a province, under the terms of an agreement between the Minister and that government, for the purpose of the administration of a social, income assistance or health insurance program of that province that is specified in the agreement, on condition that

  • (a) the agreement is in writing and provides that the information shall remain privileged and shall not be communicated to anyone not legally entitled thereto; and

  • (b) the information is used only to determine a person’s eligibility under that program.

SUSPENSION OF PAYMENT

  •  (1) The Minister may suspend payment of a special allowance where the Minister has reasonable grounds to believe, on the basis of information received, that an applicant’s continuing eligibility to receive the special allowance is in question and an investigation respecting that applicant’s eligibility for a special allowance has been commenced.

  • (2) Payment of a special allowance shall be resumed in the circumstance where the investigation establishes that the applicant is eligible to receive the special allowance.

  • (3) Where payment of a special allowance is resumed under subsection (2), the special allowance shall be paid for all portions of the period of suspension for which the applicant was eligible to receive the special allowance.

MAINTENANCE OF CHILD

 For the purposes of the Act, a child is considered to be maintained by an applicant in a month if

  • (a) the applicant, at the end of the month, provides for the child’s care, maintenance, education, training and advancement to a greater extent than any other department, agency or institution or any person; or

  • (b) the applicant is an entity referred to in paragraph 3(1)(a) or (b) of the Act that has applied in respect of a child who

    • (i) was formerly in the care of foster parents or was formerly maintained by an entity referred to in paragraph 3(1)(a) or (b) of the Act, and

    • (ii) has been placed in the permanent or temporary custody of a guardian, tutor or other individual occupying a similar role for the month, under a decree, order or judgment of a competent tribunal who has received financial assistance from the applicant for the month in respect of the child’s maintenance.

  • SOR/97-35, s. 3;
  • 2011, c. 24, s. 151.

EXCESS PAYMENTS

 The amount of a special allowance payment made to a person or applicant to which the person or applicant is not entitled, or the amount in excess of the amount to which the person or applicant is entitled, may be deducted and retained, up to the full amount, from any payments of the special allowance thereafter payable to that person or applicant.

COMING INTO FORCE

 These Regulations come into force on January 1, 1993.