Employment Support and Income Assistance Regulations
made under Section 21 of the
Employment Support and Income Assistance Act
S.N.S. 2000, c. 27
O.I.C. 2019-333 (effective January 1, 2020), N.S. Reg. 195/2019
amended to O.I.C. 2024-376 (effective November 1, 2024), N.S. Reg. 214/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Applications for Assistance
Application form
Consents required
Documentation and information required
Pending documentation
Oath or affirmation to establish proof
Eligibility
Age of applicant
Residency in Province
Persons detained
Spouses separating for convenience
Strike or lockout
Other feasible sources of income or assets
Obligation to commence proceedings
Dependent children
Dependent child in custody under Children and Family Services Act
No eligibility amount
Payment of Assistance
Calculating eligibility amount
Eligibility amount modified by supervisor
Total assistance payable
Circumstances that may result in change in amount of assistance
Money payments of assistance
Assistance paid to trustee
Assets
All applicable assets considered in determining eligibility
Not applicable assets
Asset limits
Disposing of assets
Joint assets
Conversion or sale of assets
Repayment agreements
Trust funds
Income
Chargeable income
Earned income exemption rates
Training allowances
Not chargeable income
Harvest connection program wages
Wages of dependent child attending approved education program
Default in spousal support payments assigned to Minister
Compensation Payments
Compensation payments and money generated from payments
Employment
Assistance reduced
Legitimate barrier to employment
Employability assessment
Employment plan
Participating in employment plan
Refusing to accept employment
Quitting or fired from job
Required medical examination
Basic Needs
Standard household rate—board, rent or own
Standard household rate—enhanced
Standard household rate—essentials
Dependent child allowance
Barrier-free access allowance
Child Benefit Adjustment
Child Benefit adjustment
Special Needs
Special needs defined
Special needs payable for dependent child
Disability supplement
Request for assistance for item of special need
Assistance for special needs
Amount of special needs assistance determined
Supervisor may approve higher amount for special need
Assistance for special need essential for health
Special needs for recipients before August 8, 2011
Pharmacare assistance
Extended pharmacare for recipients as of December 14, 2014
Transitional pharmacare recipients
Post-Secondary Education Programs
Assistance while attending post-secondary education program
Overpayments and Underpayments
Recovery of overpayments
Pharmacare assistance included in calculation of overpayment
Payment of underpayments
Transitional
Child support owed before August 1, 2018
Recipients under Family Benefits Act as of July 31, 2001
Retroactive payment
Citation
1 These regulations may be cited as the Employment Support and Income Assistance
Regulations.
Definitions
2 In these regulations,
“Act” means the Employment Support and Income Assistance Act;
“allowed”, in relation to an amount of assistance, means that the amount of
assistance must be included in the calculation of the amount of total assistance
payable in accordance with Section 20;
“applicant” means a person who applies for assistance and their spouse;
“application” means an application for assistance under Section 3;
“approved educational program” means
(i) a high school, adult day school, upgrading or literacy program, or
(ii) technical or professional training of up to 2 years;
“applicable assets” means any of the following, as determined under Sections 24
and 25:
(i) equity in any real or personal property,
(ii) liquid assets;
“board” with respect to an applicant or recipient means that they live with the
owner or sole lessee of a home, with their own bedroom and sharing access to a
bathroom, kitchen, entrance or other areas of the home;
“caseworker” means a person employed with the Department who is responsible
for reviewing applications for assistance, determining eligibility for assistance and
making decisions about granting assistance to applicants, recipients and
dependents;
“chargeable income” of an applicant or recipient means income that must be
included in calculating the eligibility amount of the applicant or recipient;
“cohabit” means to live together with another person as a spouse;
“common-law partner” means a person who is living with another person in a
relationship of interdependence functioning as an economic and domestic unit, and
at least 1 of the following applies:
(i) they have lived together for at least 12 continuous months,
(ii) they are parents of a child or children by birth or adoption or share
legal custody of a child or children,
(iii) they lived together previously in a relationship of interdependence
functioning as an economic and domestic unit for at least 12
continuous months, including any period of time the 2 persons were
separated for less than 90 days, and have resumed living together in
such a relationship;
“Department” means the department of Community Services;
“dependent child” means a person residing in the Province who is dependent for
support upon an applicant or a recipient and is
(i) under 19 years old, or
(ii) over 19 years old and younger than 21 years old and is attending an
approved educational program not designated for student loan
purposes;
“Director” means the Department’s Director of Income Assistance;
“disability supplement” means supplementary assistance provided as a special need
to an eligible person with a disability;
“earned income” means the income generated from any of the following:
(i) net wages from an employer,
(ii) tips,
(iii) gratuities,
(iv) net commissions,
(v) net business income;
(vi) rental income;
(vii) boarder income;
(viii) roomer income;
(ix) training allowance.
“eligibility amount” means the amount used to determine eligibility for assistance
in accordance with the definition of “person of need” in the Act;
“employability assessment” means an assessment to determine whether a recipient
is employable at the time of the assessment and, if not employable at the time of
the assessment, includes an assessment of the measures or activities that can
reasonably be undertaken by the recipient to enable the recipient to become
employable;
“employment plan” means a plan developed in conjunction with an employability
assessment that establishes a recipient’s goals for all of the following:
(i) participating in employment services,
(ii) participating in an approved educational program,
(iii) employment;
“expense” means an expense of an applicant or recipient that is included in
calculating the assistance payable to the applicant or recipient under these
regulations, and includes an expense of any dependent child;
“former regulations” means the Employment Support and Income Assistance
Regulations, N.S. Reg. 25/2001;
“full-time”, with respect to employment, means paid employment for 30 hours or
more per week;
“home” of an applicant or recipient means the primary residence of the applicant or
recipient and includes a mobile home;
“government income payment” means a payment made to a person by the
government of Canada or of Nova Scotia in respect of loss or presumed loss of
income for any of the following reasons:
(i) unemployment,
(ii) loss of the principal family provider,
(iii) illness,
(iv) disability,
(v) age;
“liquid asset” means any asset readily convertible into cash, including any of the
following:
(i) cash on hand,
(ii) bank accounts,
(iii) stocks,
(iv) bonds,
(v) non-locked-in retirement savings plans,
(vi) other securities;
“mobile home” means a trailer that meets all of the following criteria, but does not
include a travel trailer or tent trailer:
(i) it is intended to be equipped with wheels, whether or not it is
equipped with wheels,
(ii) it is constructed or manufactured to provide a residence for 1 or more
persons;
“mortgage payment” means the actual amount paid per month, less any payment of
taxes included in the payment, for a mortgage obtained to purchase or make
necessary repairs or renovations to a home;
“MSI” means the M.S.I. plan as defined in and administered under the Health
Services and Insurance Act;
“net business income” means any profit earned from self-employment, including
profit earned from a registered or non-registered business;
“Nova Scotia Formulary” means the Department of Health and Wellness’s
formulary, available on its website, detailing which drugs and supplies are benefits
under the Province’s pharmacare programs, including the Seniors’ Pharmacare
Program, Family Pharmacare Program, Diabetes Assistance Program, Drug
Assistance for Cancer Patients Program and the Department of Community
Services Pharmacare Benefits Program;
“Nova Scotia health card number” means a unique identification number assigned
by the Minister of Health and Wellness to individuals insured under the Health
Services and Insurance Act;
“part-time”, with respect to employment, means paid employment of less than 30
hours per week;
“post-secondary education program” means a program of an institution that is a
designated educational institution under the Canada Financial Assistance Act
(Canada);
“recipient” means a person who is receiving assistance, or eligible to receive
assistance, and their spouse;
“rent” with respect to an applicant or recipient means that they
(i) are a signatory to a lease agreement and live in a self-contained unit
with a separate entrance and a private bathroom, kitchen and living
area, or
(ii) live in a room in a municipally approved or licensed rooming,
boarding or lodging house;
“special needs” means special needs as defined in Section 54;
“spouse” means, with respect to any individual, an individual who is cohabiting
with that individual in a conjugal relationship as married spouse, registered
domestic partner or common-law partner;
“standard household rate” means the amount a recipient is entitled to receive to
cover basic needs based on their household composition and accommodation type,
as set out in Sections 48 to 50;
“student family member” means a person who resides with an applicant or
recipient who is their parent or legal guardian, and who meets all of the following
criteria:
(i) they are at least 19 years old and younger than 24 years old,
(ii) they have been out of high school for less than 4 years,
(iii) they are attending a post-secondary education program full-time,
(iv) they have not had 2 periods of 12 consecutive months when they
were not a full-time student;
“supervisor” means a person employed with the Department who is responsible for
overseeing the work and decisions of a caseworker;
“taxes” means any tax imposed by or under an enactment in respect of real or
personal property;
“training allowance” means an allowance for services and expenses necessary for a
person to pursue academic studies, skills training, life skills development, on-the-job training or training in a sheltered workshop;
“unearned income” includes all of the following:
(i) government income payments,
(ii) workers’ compensation,
(iii) regular periodic insurance payments,
(iv) income from mortgages,
(v) spousal support payments,
(vi) superannuation,
(vii) income from investments such as stock and bonds.
Applications for Assistance
Application form
3 (1) To be assessed to determine whether they are eligible to receive assistance, an
applicant must submit an application for assistance in the form and manner
prescribed by the Minister, together with all of the applicable information and
documentation required by Section 5.
(2) An application for assistance and all required forms must be signed by the
applicant.
(3) An application is not considered complete until all required forms, agreements and
consents have been completed, signed and have been provided to a caseworker.
(4) If an application is incomplete, the applicant is not eligible to receive assistance.
Consents required
4 (1) An application for assistance must include a consent to disclose and verify
information signed by the applicant.
(2) An applicant may be required to sign a consent in a form requested by a person or
body from whom information required by Section 5 is to be collected.
(3) A dependent child of an applicant or a student family member of an applicant may
be required to provide a signed consent at the time of application if requested by a
caseworker to do so.
(4) An applicant, recipient, dependent child or student family member may be required
to sign an updated consent if requested to do so by a caseworker.
(5) Consents obtained under this Section authorize a caseworker to disclose, verify,
collect and obtain the information and documentation required by Section 5.
Documentation and information required
5 (1) An applicant or recipient must provide any information a caseworker requires
about the following with respect to the applicant, recipient and any dependent
child:
(a) living arrangements;
(b) employment history;
(c) health;
(d) financial circumstances.
(2) An applicant or recipient must immediately notify a caseworker of any change that
affects the information provided under subsection (1) and the notice must be in
writing if requested by the caseworker.
(3) To determine the eligibility of an applicant or the ongoing eligibility of a recipient
to receive assistance, the applicant or recipient must provide all of the following to
a caseworker at the time of application or as requested at any time while receiving
assistance:
(a) if applicable, proof of all of the following:
(i) age,
(ii) death,
(iii) marital status,
(iv) cohabitation,
(v) medical or health condition,
(vi) hospitalization,
(vii) parentage,
(viii) citizenship,
(ix) residency,
(x) income,
(xi) assets,
(xii) expenses,
(xiii) for a student family member, their residency and enrolment in post-secondary education;
(b) the social insurance number of the applicant or recipient and any dependent
child;
(c) the Nova Scotia health card number of the applicant or recipient and any
dependent child;
(d) the income tax assessment form of the applicant or recipient.
(4) For the purpose of subclause (3)(a)(iv), proof of cohabitation may be established
by any relevant evidence and is deemed to occur if individuals represent
themselves to others as being each other’s spouse.
(5) If an applicant or recipient refuses to provide the information or documentation
specified in this Section, they must be refused assistance or assistance must be
discontinued.
Pending documentation
6 (1) If requiring an applicant or a recipient to provide information or documentation in
a timely manner would, in the opinion of a caseworker, create undue hardship for
the applicant or recipient, assistance may be provided pending receipt of the
information or documentation.
(2) An applicant or recipient provided assistance pending receipt of information or
documentation under subsection (1) must provide the information or
documentation at the earliest opportunity.
Oath or affirmation to establish proof
7 An applicant or recipient may be required to provide evidence under oath or by
affirmation to establish the proof of any fact relating to the applicant’s or recipient’s
eligibility for assistance.
Eligibility
Age of applicant
8 (1) Except provided in subsection (3), an applicant must be 19 years old or older in
order to be eligible to receive assistance.
(2) An applicant who is under 19 years old and living with a parent is not eligible to
receive assistance in their own right or on behalf of their dependent child.
(3) A caseworker may permit an applicant who at least 16 years old and younger than
19 years old to apply for assistance in their own name if, in the opinion of the
caseworker, the applicant is exposed to an unsafe home environment, there is an
unresolved conflict in the home or the applicant is unable to remain at or return
home because of a parental decision, and the applicant is willing to do all of the
following:
(a) attend an educational program not designated for student loan purposes;
(b) participate in an employment plan;
(c) access counselling or mediation services that a caseworker has identified as
necessary for them;
(d) access medical services necessary to preserve their physical health;
(e) except as provided in subsection (4), live in a setting that provides a degree
of supervision, accountability and guidance in accordance with their age and
needs.
(4) Clause (3)(e) does not apply if a caseworker is satisfied that the applicant has the
necessary life skills and maturity to live alone.
Residency in Province
9 An applicant or recipient must be a resident of the Province and be present in the
Province to apply for and receive assistance, other than a recipient who is temporarily
absent from the Province for more than 30 consecutive days with approval from the
Director.
Persons detained
10 An applicant or recipient is not eligible to receive assistance if they have been confined
to any of the following institutions for more than 30 consecutive days:
(a) a prison, as defined by subsection 2(1) of the Prisons and Reformatories Act
(Canada);
(b) a penitentiary, as defined by subsection 2(1) of the Corrections and
Conditional Release Act (Canada);
(c) a correctional facility, as defined by clause 2(g) of the Correctional Services
Act;
(d) the East Coast Forensic Hospital, under section 672 of the Criminal Code
(Canada) and subject to a warrant of committal.
Spouses separating for convenience
11 An applicant or recipient who separates from their spouse for the purpose of enabling
them to qualify for assistance is not eligible to receive assistance.
Strike or lockout
12 An applicant or recipient who is engaged in a strike or locked out by their employer is
not eligible to receive assistance.
Other feasible sources of income or assets
13 An applicant or recipient is not eligible to receive assistance if they have another feasible
source of income or applicable assets available that are sufficient to provide them with
basic needs, special needs or any employment services that are applied for or allowed.
Obligation to commence proceedings
14 (1) Except as provided in subsection (3), to be eligible to receive assistance or
continue receiving assistance, an applicant or recipient must do all of the following
in respect of any other person’s duty or obligation to support or maintain the
applicant or recipient:
(a) commence any action or other proceeding;
(b) enforce any order of the court.
(2) If an applicant or recipient is unable to comply with subsection (1) because they
failed to obtain the necessary information, a caseworker may refuse assistance for
any period of time the caseworker considers appropriate in the circumstances.
(3) Subsection (1) does not apply if a caseworker considers that compliance would
(a) adversely affect a family situation; or
(b) be futile or unreasonable.
Dependent children
15 (1) Assistance is not provided on behalf of a dependent child after they turn 21 years
old.
(2) A caseworker must discontinue assistance provided on behalf of a dependent child
who
(a) is attending a post-secondary education program, effective the last day of the
month in which the dependent child turns 19 years old; or
(b) ceases to be a dependent child, effective the last day of the month in which
the child ceases to be a dependent child.
Dependent child in custody under Children and Family Services Act
16 (1) If a dependent child of a recipient has been taken into the care of a child welfare
agency or is in an alternative family care arrangement under the Children and
Family Services Act, the recipient is entitled to continue to receive assistance as if
the dependent child were still in their care and custody if the relevant child welfare
agency advises a caseworker of either of the following:
(a) the recipient is participating in a program or plan of action for the purpose
of facilitating the return of the dependent child to the recipient;
(b) there is a valid reason why the recipient cannot participate in a program or
plan of action for the purpose of facilitating the return of the dependent
child to the recipient.
(2) Assistance provided in accordance with subsection (1) must not continue for
longer than 2 years.
No eligibility amount
17 If an applicant’s or recipient’s eligibility amount is calculated to be zero or less, they are
not eligible to receive assistance.
Payment of Assistance
Calculating eligibility amount
18 (1) In calculating the eligibility amount of an applicant or recipient, a caseworker must
consider all of the following for the applicant, recipient and any dependent child:
(a) household composition;
(b) accommodation type;
(c) chargeable income;
(d) assets;
(e) special needs expenses.
(2) A dependent child is included in the calculation of the eligibility amount if an
applicant or recipient
(a) has primary care of the dependent child; or
(b) shares physical custody of the dependent child and is responsible for the
child at least 40% of the time.
Eligibility amount modified by supervisor
19 The provisions regarding the calculation of the eligibility amount do not apply to an
applicant or recipient if a supervisor considers it necessary to
(a) protect the health and safety of the applicant, recipient or dependent child;
or
(b) preserve the dwelling of the applicant or recipient.
Total assistance payable
20 The amount of assistance that a recipient is entitled to under these regulations is the
amount calculated as the difference between the assistance allowed under these
regulations and their chargeable income and assets as calculated under these regulations,
subject to any overpayment recovery amount.
Circumstances that may result in change in amount of assistance
21 (1) If assistance has been improperly provided to a recipient because of fraud,
misrepresentation, non-disclosure of facts or other cause, a caseworker must
reduce, discontinue or suspend assistance to the recipient.
(2) If there is a change in the circumstances of a recipient or their dependent child that
affects their eligibility for assistance, a caseworker must increase, reduce,
discontinue or suspend assistance to the recipient.
Money payments of assistance
22 Payments of assistance in the form of money must be made by cheque or electronic bank
transfer in favour of the person named in the requisition for the payment.
Assistance paid to trustee
23 A person to whom assistance is paid in trust for the benefit of an applicant or recipient
under Section 10 of the Act must provide a caseworker with any information the
caseworker requires about the administration of the trust money.
Assets
All applicable assets considered in determining eligibility
24 In determining an applicant’s or a recipient’s eligibility to receive assistance, a
caseworker must consider all applicable assets of the applicant, recipient and any
dependent child.
Not applicable assets
25 None of the following is an applicable asset:
(a) the home of an applicant or recipient, if the property is located in the
Province and is assessed at less than twice the average assessed value of
single-family dwellings in the municipality where it is located;
(b) a cash surrender value of under $500 of a life insurance policy;
(c) a motor vehicle used for basic transportation including transportation related
to employment search requirements, training or health and safety
requirements;
(d) tools or equipment directly related to a trade or profession;
(e) a registered education savings plan established for the education of a child
and intended for use by that child in relation to education expenses;
(f) a registered disability savings plan;
(g) any portion of a registered retirement savings plan that is
(i) part of an employment pension program at the place of employment
where the applicant or recipient is employed, temporarily laid off or
on sick leave, or
(ii) part or all of a locked-in retirement account as defined by the Pension
Benefits Regulations made under the Pension Benefits Act;
(h) prepaid funeral arrangements up to a maximum value of $5000;
(i) funds saved from participating in a savings program that is designed to
promote self-sufficiently [sufficiency] and is approved by the Minister.
Asset limits
26 (1) An applicant or recipient whose assets exceed the limits set out in the following
table is not eligible to receive assistance:
Household composition
|
Asset limit
|
1 person
|
$2000
|
more than 1 person
|
$4000
|
(2) An applicant or recipient who is refused assistance as a result of the asset limit in
subsection (1) may be required to wait at least 1 month and not longer than 1 year
from the date of refusal before reapplying for assistance.
Disposing of assets
27 (1) An applicant is not eligible to receive assistance if they dissipate, spend or deal
with assets during the 12 months immediately before the date of their application if
a supervisor determines that this was done in an unreasonable manner.
(2) Despite subsection (1), an applicant or recipient must not be prejudiced if assets
have been spent for any of the following purposes and they provide proof to the
satisfaction of the supervisor that assets were spent for that purpose:
(a) personal and family shelter including the purchase of a home or the
mortgage payment or debts and purchases as approved by a supervisor;
(b) basic needs;
(c) necessary repairs of the home of the applicant or recipient;
(d) replacement of necessary household items.
Joint assets
28 If an applicant or a recipient is a joint owner of an asset, the joint asset is not an
applicable asset, but a caseworker may require the applicant or recipient to convert the
joint asset into cash within a specified time.
Conversion or sale of assets
29 (1) A caseworker may require an applicant or a recipient to sell real property within a
specified time.
(2) If it is not feasible to sell real property under subsection (1), a caseworker may
require the applicant or recipient to rent the property or to render it income-producing within a specified time.
Repayment agreements
30 An applicant or recipient may be required to enter into a repayment agreement in respect
of any assistance granted pending the completion of any action required by a caseworker
under Section 28 or 29.
Trust funds
31 (1) If a sum is set aside in trust for an applicant, recipient or dependent child by a court
or a person other than an applicant or recipient, the applicant or recipient is not
eligible to receive assistance if it is feasible for the applicant or recipient to obtain
support for themselves or their dependent child from the amount set aside.
(2) A recipient or a person on whose behalf assistance is paid who uses a trust fund as
collateral for securing a loan is not eligible to receive assistance.
Income
Chargeable income
32 (1) An applicant’s or recipient’s chargeable income includes monthly income, in the
amounts specified, from all of the following sources:
(a) 100% of unearned income;
(b) 100% of income from an estate or trust;
(c) if the amount set aside in trust would have otherwise been chargeable
income, 100% of the amount set aside in trust by a court at the request of an
applicant or recipient or with the consent of an applicant or recipient;
(d) 100% of earned income, except as determined by the exemptions and
chargeable rates set out in Section 33.
(2) Chargeable income is deemed to include 100% of unearned income received by a
dependent child, or by an applicant or recipient on behalf of a dependent child.
Earned income exemption rates
33 (1) Except as otherwise provided in this Section, earned income for a recipient is
exempted in accordance with the following table and the remainder is chargeable
income:
Amount of Earned Income
|
Exemption
Rate
|
Chargeable
Rate
|
the first $350 earned
|
100%
|
0%
|
the next $150 earned: from $350.01 to $500
|
75%
|
25%
|
the next $250 earned: from $500.01 to $750
|
50%
|
50%
|
the next amount earned: over $750
|
25%
|
75%
|
(2) For a recipient who is employed but whose physical, mental or cognitive abilities
prevent them from working on their own without continuous support, earned
income is exempted in accordance with the following table and the remainder is
chargeable income:
Amount of Earned Income
|
Exemption
Rate
|
Chargeable
Rate
|
the first $450 earned
|
100%
|
0%
|
the next $50 earned: from $450.01 to $500
|
75%
|
25%
|
the next $250 earned: from $500.01 to $750
|
50%
|
50%
|
the next amount earned: over $750
|
25%
|
75%
|
(3) If a person who is at least 16 years old and younger than 21 years old attends an
approved educational program
(a) at the time the amount of assistance to be paid is being determined, income
from part-time employment is not chargeable income; and
(b) income from full-time employment is not chargeable income for up to 3
calendar months per year.
(4) If operating a business is part of a recipient’s employment plan, a caseworker may
determine that the net business income generated from the business is not
chargeable income for up to the first 18 months the business is in operation.
(5) If all or a portion of earned income is boarder income, the amount is 100% exempt
if all of the following apply:
(a) the person boarding is a child of the applicant or recipient;
(b) in a supervisor’s opinion, including the income would create undue hardship
on the child or the child’s family.
34 [repealed]
Not chargeable income
35 Income from any of the following sources is not chargeable income:
(a) a Canada child benefit or any previous child tax benefit paid under the
Income Tax Act (Canada), including all of the following:
(i) a national child benefit supplement,
(ii) payments made by the Province as a Nova Scotia child benefit under
the Income Tax Act,
(iii) a child disability benefit;
(b) child support payments, except as provided in Section 68 [69] for child
support payments owed before August 1, 2018;
(c) any payments made under the Children Family Services Act, including all of
the following:
(i) payments made in support of a foster child,
(ii) payments made to a young person receiving assistance in accordance
with subsection 8(3),
(iii) adoption subsidy payments;
(d) any payments made under the alternative family care program administered
by the Department;
(e) the goods and services tax credit paid under the Income Tax Act (Canada);
(f) any payment received under the Canada workers benefit under the Income
Tax Act (Canada) or under the former working income tax benefit under the
Income Tax Act (Canada);
(g) the poverty reduction credit paid by the Department;
(h) the affordable living tax credit paid under the Income Tax Act;
(i) income tax refunds;
(j) any payments made under the provincial low-income fuel assistance
program and the federal relief for heating expenses program;
(k) a caregiver’s benefit under the Department of Health and Wellness’s
caregiver benefit program;
(l) honorariums provided for serving on a provincial agency, board or
commission;
(m) bursaries, scholarships and stipends received for the purpose of assisting
with the costs of attending an approved educational program or recipients to
whom Section 65 applies;
(n) any money withdrawn from a registered disability savings plan;
(o) any money withdrawn from a registered educational savings plan to be used
by the child for education expenses;
(p) harvest connection program wages, in accordance with Section 36;
(q) wages of a dependent child, in accordance with Section 37;
(r) the Canada-Nova Scotia Targeted Housing Benefit;
(s) any children’s benefit payment made under the Canada Pension Plan
received by a dependent child, or by an applicant or recipient on behalf of a
dependent child.
Harvest connection program wages
36 Up to $3000 per fiscal year of a recipient or recipient’s spouse combined wages from
participating in the Department’s harvest connection program that are earned from any or
all of the following is not chargeable income:
(a) seasonal harvesting of field-produced horticulture;
(b) harvesting Christmas trees;
(c) producing Christmas wreaths.
Wages of dependent child attending approved education program
37 A dependent child’s wages are not chargeable income if the dependent child is attending
an approved educational program not designated for student loan purposes.
Default in spousal support payments assigned to Minister
38 If there is a default in spousal support payments to a recipient and the recipient has
assigned their spousal support payments to the Minister, the recipient’s assistance must
be recalculated without the assigned spousal payment included as chargeable income.
Compensation Payments
Compensation payments and money generated from payments
39 (1) None of the following compensation payments received by an applicant or
recipient are considered as chargeable income or assets for the purpose of
determining eligibility for assistance, but any money generated from the payments
is chargeable income for the month in which it is received:
(a) a payment other than a payment for loss of income or loss of support under
any of the following:
(i) the 1986-1990 Hepatitis C Settlement Agreement,
(ii) the Pre 1986- Post 1990 Hepatitis C Settlement Agreement,
(iii) the federal, provincial and territorial assistance program for HIV
secondarily infected persons;
(b) a payment as a merchant navy veteran, as defined in the War Veteran’s
Allowances Act (Canada), or as a surviving spouse of a merchant navy
veteran for post-war benefits;
(c) a payment under a Memorandum of Understanding regarding compensation
for survivors of institutional abuse;
(d) a payment under a victims’ compensation program of the federal or a
provincial government;
(e) a payment under the Indian Residential Schools Settlement Agreement;
(f) a payment under a court order or under a victims’ compensation program to
a victim of abuse by a church organization;
(g) a payment under the federal government’s memorial grant program for first
responders.
(2) The Minister may declare as not being chargeable income or an asset for the
purpose of determining an applicant’s or recipient’s eligibility for assistance, any
monthly or lump sum payment or portion of the payment received from a
provincial government or the federal government to victims or survivors of abuse
to redress or compensate an injury or harm in respect to a government program,
and the Minister may determine whether any money generated from the payments
is chargeable income for the month in which it is received.
Employment
Assistance reduced
40 (1) Except as permitted by Section 41, if an applicant or recipient does not comply
with Sections 42 to 47, the amount of assistance allowed for basic needs is reduced
by 20%.
(2) A reduction in assistance under subsection (1) lasts for the following applicable
time period:
(a) at least 1 month, if the applicant or recipient takes reasonable steps to
remedy the non-compliance;
(b) indefinitely, if the applicant or recipient does not take reasonable steps to
remedy the non-compliance.
(3) For a household size of more than 1 person, a reduction in assistance under
subsection (l) is attributed to the person who failed to comply.
Legitimate barrier to employment
41 Sections 42 to 47 do not apply to an applicant or recipient who a caseworker determines
has a legitimate barrier to employment.
Employability assessment
42 A recipient must participate in an employability assessment.
Employment plan
43 (1) A recipient must develop an employment plan that takes into account
(a) all of the following for the recipient:
(i) skills,
(ii) education,
(iii) work experience,
(iv) volunteer activities,
(v) resources in the community,
(vi) availability of transportation,
(vii) child care needs,
(viii) personal support; and
(b) any additional factors that a caseworker determines are relevant to enabling
the recipient to participate in employment.
(2) An employment plan must not include a plan to participate in an educational
program that is not an approved educational program.
Participating in employment plan
44 A recipient is required to actively participate in their employment plan and engage in
services that are part of their approved plan.
Refusing to accept employment
45 An applicant or recipient must not unreasonably refuse to accept employment, if suitable
employment is available.
Quitting or fired from job
46 An applicant or recipient must not do any of the following:
(a) quit a job without just cause;
(b) quit a job for the purpose of qualifying for assistance; or
(c) be fired from a job for just cause.
Required medical examination
47 A caseworker may require a recipient to undergo a medical examination if the
caseworker considers the examination necessary and relevant to obtain additional
information for any of the following:
(a) to complete the recipient’s employability assessment;
(b) to determine whether an employment plan is appropriate for the recipient.
Basic Needs
Standard household rate—board, rent or own
48 (1) A recipient who is boarding, renting or owns their accommodation must be
allowed an amount of assistance at the standard household rate in accordance with
the following table:
Household Composition
|
Standard Household Rate
|
Recipients
|
Dependent Child
or Student Family
Member
|
Rent or Own
|
Board
|
1
|
0
|
$704
|
$624
|
1
|
1
|
$987
|
$643
|
1
|
2 or more
|
$1039
|
$685
|
2
|
0
|
$1376
|
$1034
|
2
|
1 or more
|
$1428
|
$1076
|
(2) A student family member is included in a recipient’s household composition for
the purpose of selecting the applicable standard household rate in subsection (1).
Standard household rate—enhanced
49 A single recipient who is renting or owns their accommodation must be allowed an
amount of assistance at the enhanced standard household rate of $974 if they meet any of
the following criteria:
(a) they have a disability;
(b) they have a chronic mental, cognitive or physical condition that limits
participation in employment services;
(c) they are fleeing an abusive situation;
(d) they are 55 years old or older;
(e) they are a young person receiving assistance in accordance with subsection
8(3) and otherwise meet the requirements of the Act and these regulations.
Standard household rate—essentials
50 A recipient who is not boarding or renting or who does not own their accommodation
must be allowed an amount of assistance at the essentials standard household rate in
accordance with the following table:
Recipients
|
Standard Household
Rate—Essentials
|
1
|
$390
|
2
|
$780
|
Dependent child allowance
51 A recipient who has a dependent child in the household who is 18 years old or older
must be allowed an amount of assistance of $390 per month for the dependent child.
Barrier-free access allowance
52 (1) A recipient or dependent child who a caseworker determines is terminally ill or has
special needs with respect to barrier-free access to, from or within their home, must
be allowed an amount of assistance of $205 per month for barrier-free access.
(2) If the amount provided under subsection (1) is insufficient to adequately maintain
or secure barrier-free access to, from or within a home, and no other economical
options are available, a supervisor may approve that an additional amount of
assistance be allowed, calculated as the recipient’s actual shelter expenses minus
the applicable amount set out in the following table:
Household Composition
|
Amount
|
1
|
$735
|
2
|
$770
|
3 or more
|
$820
|
Child Benefit Adjustment
Child Benefit adjustment
53 (1) A recipient who is not receiving a Nova Scotia child benefit or a Canada child
benefit on behalf of a dependent child under 18 years old must be allowed an
amount of assistance of $133 per month on behalf of the dependent child.
(2) A recipient who is receiving a combined amount of less than $133 a month for the
Nova Scotia child benefit and Canada child benefit on behalf of a dependent child
under 18 years old must be allowed assistance in an amount that is the difference
between $133 a month and the combined amount of the 2 benefits.
Special Needs
Special needs defined
54 (1) In the Act and these regulations,
“special needs” means needs for any of the items or services specified in Section
57, but does not include a need for an item or service listed in subsection (2).
(2) Except as provided in Section 61 for recipients before August 8, 2011, the
following items and services are not included in the definition of “special needs”:
(a) an item or service that is insured under a Provincial insured health services
program or is otherwise funded by government;
(b) an item or service for medical purposes for which an alternative exists under
MSI;
(c) prescription medications, drugs and substances that are not listed as benefits
under the pharmacare programs in the Nova Scotia Formulary;
(d) medical treatments and substances that are not covered as an insured service
under MSI, including any equipment, supplies, materials or services used in
producing or administering the treatments or substances;
(e) an item that is otherwise provided for in Sections 48 to 51.
Special needs payable for dependent child
55 If a dependent child resides with more than 1 applicant or recipient, any amounts of
assistance allowed for special needs related to the dependent child are allowed for only 1
of them.
Disability supplement
55A (1) A disability supplement of $308 per month is payable for the benefit of any of the
following persons:
(a) a recipient;
(b) a spouse;
(c) a dependent child who is 18 years old or older.
(2) To be eligible to receive the disability supplement, a person must meet all of the
following requirements:
(a) they must have either of the following:
(i) a disability, or
(ii) a chronic medical condition that prevents them, or will prevent them,
from participating in employment for at least 1 year;
(b) they must board, rent or own their accommodation;
(c) they must otherwise meet the requirements of the Act and these regulations.
(3) A person who receives the disability supplement remains eligible to receive any
other special needs item or service under these regulations.
(4) Despite Section 59, a supervisor must not modify the amount of the disability
supplement.
Request for assistance for item of special need
56 (1) An applicant or recipient may request assistance for an item of special need, and
the applicant or recipient must provide all of the following applicable information
to a caseworker to support the request:
(a) an explanation as to why the special need is required;
(b) a description of the special need;
(c) any documentation from professionals supporting the special need;
(d) the monthly or total cost of the special need;
(e) the resources or alternatives that have been investigated with respect to
obtaining the special need from other sources;
(f) if the cost of the special need exceeds $200, estimates for the cost of the
special need from 2 separate providers;
(g) if the special need has already been acquired, an invoice or receipt for the
special need.
(2) A request under subsection (1) may be made either before or after the purchase of
the item of special need.
(3) If a request under subsection (1) is for an item of special need that pertains to the
health or medical requirements of an applicant, recipient or dependent child, a
caseworker may request advice from a person qualified to provide advice on the
appropriateness, necessity and effectiveness of the item of special need requested
and the caseworker must take this advice into consideration in determining
whether to grant the request.
Assistance for special needs
57 A recipient who has any of the following special needs must be allowed an amount of
assistance for the special need:
(a) the items or services set out in the following table, in the amount specified
in the table:
Special Need
|
Amount
|
dental care
|
as set out in the ESIA Dental Fee Guide
approved by the Director
|
optical care
|
$90 for single vision glasses
|
$120 for bifocal glasses
|
pharmacare coverage
|
as set out in the NS Formulary
|
special diet
|
up to $150, according to the type of diet
required
|
transportation
|
up to $150 if costs are required for
|
•
|
employment
|
•
|
implementing an employment plan
|
•
|
preserving health or safety
|
child care
|
up to $400 if costs are required for
|
•
|
employment
|
•
|
implementing an employment plan
|
•
|
preserving health or safety
|
funeral arrangement
costs
|
up to $1100 for
|
•
|
opening and closing of grave
|
•
|
grave lot
|
•
|
clothing
|
•
|
transportation
|
up to $2700 for
|
•
|
funeral costs for professional services
|
•
|
cremation urn or casket
|
maternal nutritional
supplement
|
$51
|
school supplies
supplement
|
$50 for dependent children who are at least 5
years old and younger than 13 years old
|
$100 for dependent children who are at least
13 years old and younger than 21 years old
|
(b) an item or service prescribed in policy by the Director, including those
required for participating in an employment plan;
(c) an item or service that is determined, despite clauses (2)(b) and (d), to be a
special need essential for health in accordance with Section 60.
Amount of special needs assistance determined
58 (1) Except as provided in Section 59, the lesser of the following amounts must be
allowed for a special need for a recipient or dependent child:
(a) actual cost of the special need;
(b) the amount set out in Section 57 for the special need.
(2) In determining the amount of assistance allowed for a special need for a recipient,
the most economical option for financing the special need must be the option
approved.
Supervisor may approve higher amount for special need
59 (1) If a supervisor considers that there is documentation to support that the amount set
out in Section 57 for an item of special need is insufficient to pay for the special
need because of the distinctive need of a recipient or dependent child, the higher
amount documented may be allowed.
(2) Despite the amounts of assistance allowed for special needs in these regulations, in
urgent circumstances pertaining to the health or safety of a recipient or dependent
child, a supervisor may approve payment of the total cost of a special need to the
recipient if the eligibility amount calculated for them is less than the total cost of
the special need.
Assistance for special need essential for health
60 (1) An applicant or recipient may submit a request for assistance, on the form
approved by the Director, for an item or service that is excluded from the definition
of “special needs” by clause 54(2)(b) or (d) if the item or service meets all of the
following:
(a) it is prescribed as essential for the health of the applicant, recipient or their
dependent child by 1 of the following health practitioners acting within the
scope of their practice and licensed to practise their profession in the
Province:
(i) physician,
(ii) dentist,
(iii) nurse practitioner;
(b) it is provided by a medical professional licensed or registered to practise in
the Province.
(2) Subsection (1) does not apply to a request for medical marijuana or any equipment,
supplies, materials or services used in producing or administering medical
marijuana.
(3) In determining whether an item or service prescribed under clause (1)(a) is a
special need under this Section, a caseworker must take all of the following into
account:
(a) the needs and circumstances of the applicant, recipient or dependent child;
(b) evidence of the medical appropriateness, necessity and effectiveness of the
requested item or service;
(c) the cost of providing assistance for the requested item or service in
comparison with other alternatives that would meet the needs of the
applicant, recipient or dependent child;
(d) the availability of alternative items or services that are insured under a
Provincial health services program or are otherwise funded by government;
(e) whether providing the assistance requested will fulfill the purposes of the
Act.
(4) A caseworker may request advice from a person qualified to provide advice on the
medical appropriateness, necessity and effectiveness of an item or service to be
taken into account under clause (3)(b) as essential to health, and the caseworker
must take this advice into consideration in determining whether the item or service
is a special need under this Section.
(5) If a caseworker determines that an item or service is a special need under this
Section, these regulations apply to it as a special need.
(6) If a caseworker determines that an item or service is not a special need under this
Section, the caseworker must notify the applicant and provide written reasons for
the decision.
Special needs for recipients before August 8, 2011
61 A recipient’s continuing eligibility for assistance for an item or service of special need
listed in subsection 54(2) must be determined in accordance with the definition of special
needs in Section 2 of the former regulations as it existed immediately before August 8,
2011, if all of the following apply:
(a) the recipient has been a recipient, without any breaks in eligibility, since at
least August 8, 2011;
(b) assistance for the item or service was first received before August 8, 2011;
(c) there has been no break in eligibility for the item or service since August 8,
2011;
(d) the reasons why the special need is required have not changed.
Pharmacare assistance
62 (1) If pharmacare is not available under a drug plan at a recipient’s place of
employment or from some other source, a recipient may be provided with
pharmacare assistance for the recipient or their dependent child.
(2) A recipient receiving pharmacare assistance is entitled to benefits in accordance
with the Fair Drug Pricing Act and its regulations, except that the Director may
decide that the recipient is required to pay a copayment that is different than the
amount prescribed in the Fair Drug Pricing Act and its regulations.
Extended pharmacare for recipients as of December 14, 2014
63 (1) Assistance under this Section is allowed only for persons who were receiving
pharmacare assistance under Section 64 of the former regulations on December 14,
2014.
(2) A recipient whose pharmacare assistance is discontinued on or after August 1,
2001, because they had no eligibility amount is eligible to continue receiving
pharmacare assistance if all of the following conditions are met:
(a) the recipient would have had an eligibility amount if the recipient’s average
monthly drug costs, as defined in subsection (3), were included;
(b) the recipient otherwise meets the requirements of the Act and regulations.
(3) In subsection (2),
“average monthly drug costs” means the average costs of drugs per month,
calculated on the basis of the cost of a recipient’s drugs during the 6 months
immediately before the date the recipient’s eligibility for pharmacare assistance is
determined.
Transitional pharmacare recipients
64 (1) A recipient whose pharmacare assistance is discontinued on or after August 1,
2001, because they had no eligibility amount as a result of the amount of earned
income they received is considered a transitional pharmacare recipient.
(2) If pharmacare is not available under a drug plan at their place of employment or
from some other source, a transitional pharmacare recipient under subsection (1) is
eligible to continue to receive pharmacare assistance for 1 year from the date their
pharmacare assistance was discontinued.
Post-Secondary Education Programs
Assistance while attending post-secondary education program
65 (1) A recipient may receive assistance while attending a post-secondary education
program that is longer than 2 years, including a university program, if the recipient
is approved by 1 of the following:
(a) they are approved under the Labour Market Development Agreement to
attend the post-secondary education program;
(b) they are approved by the Department to participate in the Department’s
career seek program.
(2) A recipient may receive assistance while attending a post-secondary education
program that is 2 years or less if 1 of the following applies:
(a) they are a participant in a skills development program (currently called the
Educate to Work Program) funded under the Canada-Nova Scotia Job Fund
Agreement;
(b) they meet all of the following conditions:
(i) they have had an employability assessment and the assessment
identifies that they have the necessary prerequisite skills and can
reasonably be expected to become employed in the selected
occupational area after completing the post-secondary education
program,
(ii) they have pursued other feasible sources of income, but the sources
are not available or are insufficient,
(iii) they have been receiving assistance for at least 6 months immediately
before attending the post-secondary education program,
(iv) they are available for work when not involved in the post-secondary
education program.
(3) A recipient to whom clause (2)(b) applies is not entitled to receive assistance for
tuition, school books or student fees.
Overpayments and Underpayments
Recovery of overpayments
66 (1) The Minister is entitled to use any legal recourse to recover overpayments from a
recipient.
(2) Except as provided in subsection (3), the maximum amount of overpayments that
may be recovered is $45 per month.
(3) The maximum monthly amount specified in subsection (2) may be increased if the
recipient consents to the increase.
Pharmacare assistance included in calculation of overpayment
67 Assistance granted in the form of pharmacare assistance is assistance that is included in
the calculation of an overpayment.
Payment of underpayments
68 A recipient who receives less assistance than they are entitled to receive through no fault
of the recipient is entitled to receive the unpaid amount, as calculated on the basis of the
most recent 6 months that the lesser amount was paid.
Transitional
Child support owed before August 1, 2018
69 (1) In this Section,
“child support payment” means a child support payment owed before August 1,
2018.
(2) A child support payment received by a recipient is chargeable income in the month
that it was owed.
(3) If an applicant, recipient or other person assigned child support payments to the
Minister, any monies paid by the Minister to the applicant, recipient or other
person in lieu of the child support payment continue to be recoverable as a debt
owed to the Minister.
(4) If the Minister paid assistance to a recipient in a month that child support was
owed and the recipient has not assigned child support payments to the Minister, the
Minister is entitled to recover any amount paid by the Minister to the recipient in
lieu of the child support payment owed.
Recipients under Family Benefits Act as of July 31, 2001
70 If a recipient was receiving assistance under the Family Benefits Act on July 31, 2001,
and there has been no subsequent break in eligibility under the Act and regulations,
(a) the recipient is entitled to retain assets in the amount prescribed under the
Family Benefits Act and Family Benefits Schedule “B” Regulations as they
existed on July 31, 2001, until the recipient reapplies for assistance; and
(b) the recipient is entitled to continue to retain the long-term grandparenting
amount they received on December 31, 2019, until they are no longer
eligible for assistance.
Retroactive payment
71 (1) The rates listed in Sections 48 to 52 are payable retroactive to April 1, 2024.
(2) The rate listed in Section 55A is payable retroactive to May 1, 2024.
The following regulations are not
yet in force and are not included in the current consolidation: