Income Supplement for Persons Not Eligible for Old Age Security Benefits, (55 PLUS) Regulation
Regulation 64/90
Registered March 26, 1990
TABLE OF CONTENTS
Section
1 Definitions
1.1 Income adjustment re OAS
2 Eligibility
3 Calculation of financial eligibility
4 Annual benefits
5 Payments
6 Recovery of payments
7 Application
8 Notice of decision
9 Right of appeal
10 Payments to a person other than a recipient
11 Repeal
12 Coming into force
Definitions
1 In this regulation
"Act" means The Social Services Administration Act; (« Loi »)
"applicant" means a person who applies for a benefit under the 55 Plus - A Manitoba Income Supplement; (« requérant »)
"benefit" means an amount paid under the 55 Plus - A Manitoba Income Supplement; (« prestation »)
"benefit year" means a consecutive twelve month period commencing on April 1 of one year and ending on March 31 of the following year; (« année de prestations »)
"benefit quarter" means the three consecutive months commencing April, July, October or January; (« trimestre de prestations »)
"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship; (« conjoint de fait »)
"family income" means the income of an applicant who is single, or the combined income of an applicant and his or her spouse or common-law partner; (« revenu familial »)
"income" means money received during the taxation year immediately preceding the benefit year for which an application is made and without limiting the generality of the foregoing includes:
(a) gross earnings from employment,
(b) gross earnings from self-employment,
(c) gross earnings from farming,
(d) taxable Canada Pension Plan benefits or an equivalent pension plan,
(e) gross private pensions,
(f) gross superannuation funds,
(g) taxable annuities including Registered Retirement Savings Plans,
(h) Service Disability and Veterans Affairs Pensions,
(i) all gross Employment Insurance Benefits,
(j) gross Workers Compensation and gross sickness or disability plan benefits,
(k) a benefit payable under the Old Age Security Act (Canada), subject to any applicable adjustment under section 1.1,
(l) repealed, M.R. 187/2011,
(m) gross deferred profit sharing plans,
(n) gross retirement allowances,
(o) gross foreign pensions,
(p) gross interest including interest from banks, bonds, mortgages and dividends,
(q) total capital gains or losses,
(r) gross rental income,
(s) gross foreign income, and
(t) gross alimony and maintenance received;
but does not include,
(u) the Canada Child Tax Benefit, including any amount received under the National Child Benefit Supplement or the Child Disability Benefit,
(v) taxable Federal orphan's benefits,
(w) social assistance payments from the Government of Manitoba or the Government of Canada,
(x) support or gifts from relatives, or from charitable organizations,
(y) federal and provincial tax rebates,
(y.1) a payment received pursuant to the Energy Costs Assistance Measures Act (Canada),
(z) grants under the Home Insulation or Energy Conservation Programs, and
(aa) a benefit under the Manitoba Prenatal Benefit Regulation;
(bb) Universal Child Care Benefit payments from the Government of Canada. (« revenu »)
"net family income" means family income less the allowable exemptions specified in section 3; (« revenu familial net »)
"recipient" means a person to whom or on whose behalf a benefit is or was paid. (« bénéficiaire »)
Income adjustment re OAS
1.1 When calculating a person's income, if the person receives a benefit under the Old Age Security Act (Canada) after April 1, 2011, the income of that person is to be adjusted by
(a) including the amount of the benefit that would have been paid to the person if he or she was entitled to that benefit on April 1, 2011; and
(b) excluding any portion of the benefit payable to the person in excess of the amount included under clause (a).
Eligibility
2(1) Subject to subsection (3), a benefit shall be paid to a person who
(a) resides in Manitoba and is registered with the Manitoba Health Services Insurance Plan;
(b) is 55 years of age or over;
(c) if single, has a net family income of $9,722.40 or less; and
(d) if married or cohabiting in a common-law relationship, has a net family income of $16,207.20 or less.
2(2) For the purposes of clauses (1)(c) and (d) and section 4, marital or common-law relationship status shall be determined in accordance with subsections 5(1) and 5(2).
2(3) A benefit shall not be paid to a person who
(a) is eligible to receive benefits under the Old Age Security Act (Canada);
(b) is incarcerated in a provincial correctional institution or a federal penitentiary;
(c) is in receipt of income assistance or general assistance under The Employment and Income Assistance Act, other than an allowance or assistance paid only with respect to health care benefits under that Act; or
(d) is in receipt of social assistance, other than only with respect to health care benefits, from the Government of Canada or an Indian band.
2(4) Notwithstanding any provision in this regulation, the Minister or the Minister's designate may, under exceptional circumstances, approve the payment of benefits.
Calculation of financial eligibility
3 Net family income for the tax year immediately preceding the benefit year for which application is being made, shall be family income less the following deductions:
(a) Canada Pension Plan and Employment Insurance premiums;
(b) employment expenses of 20% of gross employment earnings, to a maximum of $500.00;
(c) expenses from self-employment, farming and rental income as allowed by Revenue Canada with the exception of the capital cost allowance or the livestock inventory adjustment claimed for tax purposes as either income or as an expense;
(d) carrying charges on interest and dividends as allowed by Revenue Canada;
(e) alimony and maintenance paid by the applicant or the spouse or common-law partner, or any of them, if applicable.
Annual benefits
4(1) Where the eligibility criteria of section 2 are met, the benefit payable to a single person will be based on net family income according to the following table:
| If family net income is: | The annual payable benefit will be: |
| $ 0.00 - $8,930.40 | $647.20 |
| $8,930.41 - $8,954.40 | $630.00 |
| $8,954.41 - $8,978.40 | $612.40 |
| $8,978.41 - $9,002.40 | $595.20 |
| $9,002.41 - $9,026.40 | $577.60 |
| $9,026.41 - $9,050.40 | $560.40 |
| $9,050.41 - $9,074.40 | $542.80 |
| $9,074.41 - $9,098.40 | $525.60 |
| $9,098.41 - $9,122.40 | $508.00 |
| $9,122.41 - $9,146.40 | $490.80 |
| $9,146.41 - $9,170.40 | $473.20 |
| $9,170.41 - $9,194.40 | $456.00 |
| $9,194.41 - $9,218.40 | $438.40 |
| $9,218.41 - $9,242.40 | $421.20 |
| $9,242.41 - $9,266.40 | $403.60 |
| $9,266.41 - $9,290.40 | $386.40 |
| $9,290.41 - $9,314.40 | $368.80 |
| $9,314.41 - $9,338.40 | $351.60 |
| $9,338.41 - $9,362.40 | $334.00 |
| $9,362.41 - $9,386.40 | $316.80 |
| $9,386.41 - $9,410.40 | $299.20 |
| $9,410.41 - $9,434.40 | $282.00 |
| $9,434.41 - $9,458.40 | $264.40 |
| $9,458.41 - $9,482.40 | $247.20 |
| $9,482.41 - $9,506.40 | $229.60 |
| $9,506.41 - $9,530.40 | $212.40 |
| $9,530.41 - $9,554.40 | $194.80 |
| $9,554.41 - $9,578.40 | $177.60 |
| $9,578.41 - $9,602.40 | $160.00 |
| $9,602.41 - $9,626.40 | $142.80 |
| $9,626.41 - $9,650.40 | $125.20 |
| $9,650.41 - $9,674.40 | $108.00 |
| $9,674.41 - $9,698.40 | $90.40 |
| $9,698.41 - $9,722.40 | $73.20 |
| $9,722.41 - $9,746.40 | $55.60 |
4(2) Where the eligibility criteria of section 2 are met, the benefit payable to an eligible applicant and his or her eligible spouse or common-law partner will be based on net family income according to the following table:
| If net family income is: | The annual benefit payable to each eligible person will be: |
| $ 0.00 - $14,479.20 | $695.60 |
| $14,479.21 - $14,527.20 | $678.40 |
| $14,527.21 - $14,575.20 | $660.80 |
| $14,575.21 - $14,623.20 | $643.60 |
| $14,623.21 - $14,671.20 | $626.00 |
| $14,671.21 - $14,719.20 | $608.80 |
| $14,719.21 - $14,767.20 | $591.20 |
| $14,767.21 - $14,815.20 | $574.00 |
| $14,815.21 - $14,863.20 | $556.40 |
| $14,863.21 - $14,911.20 | $539.20 |
| $14,911.21 - $14,959.20 | $521.60 |
| $14,959.21 - $15,007.20 | $504.40 |
| $15,007.21 - $15,055.20 | $486.80 |
| $15,055.21 - $15,103.20 | $469.60 |
| $15,103.21 - $15,151.20 | $452.00 |
| $15,151.21 - $15,199.20 | $434.80 |
| $15,199.21 - $15,247.20 | $417.20 |
| $15,247.21 - $15,295.20 | $400.00 |
| $15,295.21 - $15,343.20 | $382.40 |
| $15,343.21 - $15,391.20 | $365.20 |
| $15,391.21 - $15,439.20 | $347.60 |
| $15,439.21 - $15,487.20 | $330.40 |
| $15,487.21 - $15,535.20 | $312.80 |
| $15,535.21 - $15,583.20 | $295.60 |
| $15,583.21 - $15,631.20 | $278.00 |
| $15,631.21 - $15,679.20 | $260.80 |
| $15,679.21 - $15,727.20 | $243.20 |
| $15,727.21 - $15,775.20 | $226.00 |
| $15,775.21 - $15,823.20 | $208.40 |
| $15,823.21 - $15,871.20 | $191.20 |
| $15,871.21 - $15,919.20 | $173.60 |
| $15,919.21 - $15,967.20 | $156.40 |
| $15,967.21 - $16,015.20 | $138.80 |
| $16,015.21 - $16,063.20 | $121.60 |
| $16,063.21 - $16,111.20 | $104.00 |
| $16,111.21 - $16,159.20 | $86.80 |
| $16,159.21 - $16,207.20 | $69.20 |
| $16,207.21 - $16,255.20 | $52.00 |
4(3) The maximum quarterly benefit payable shall be one-quarter of the annual amounts listed in subsections (1) or (2).
4(4) to (7) Repealed, M.R. 62/91.
Payments
5(1) Benefits payable to an eligible applicant for the entire benefit year will be based on
(a) the applicant's marital or common-law relationship status at the time of application; and
(b) the income information for the previous year of the applicant and his or her spouse or common-law partner.
5(2) Despite subsection (1), if the applicant's spouse or common-law partner does not reside in Manitoba the applicant shall be considered a single person for the purposes of determining financial eligibility and the amount of benefits payable.
5(3) Where an applicant is eligible for benefits, payments will commence in the benefit quarter in which the completed application is received.
5(4) Benefits to or on behalf of eligible recipients shall cease in the quarter following the month in which the recipient
(a) ceases to reside in Manitoba;
(b) is eligible to receive benefits under the Old Age Security Act (Canada);
(c) is deceased;
(d) requests that benefits be terminated; or
(e) receives an allowance or assistance as described in clauses 2(3)(c) or (d).
Recovery of payments
6 Where a payment or any part thereof is or was made that would not have been made except for a false statement or misrepresentation made by the recipient the government may recover from the recipient or his or her executors or administrators the amount of that payment or that part thereof as a debt due from the recipient to the Crown.
Application
7(1) A person
(a) shall make application for benefits in such form as the Minister approves; and
(b) shall provide such other information or documents as the Minister or the Minister's designate may deem necessary.
7(2) A person may apply for benefits at any time during the benefit year.
7(3) A recipient must re-apply annually for benefits to continue in the next benefit year.
Notice of decision
8 The applicant will be notified in writing of any decision to approve, deny, adjust, terminate or withhold payments setting forth the reasons for the decision.
Right of appeal
9 Where an applicant or a recipient is dissatisfied with a decision regarding the applicant's or recipient's eligibility or benefit levels, the applicant or recipient may appeal to the Social Services Appeal Board in accordance with The Social Services Appeal Board Act.
Payments to a person other than a recipient
10(1) Where a responsible person or agency provides evidence satisfactory to the Minister that a recipient, by reason of infirmity, illness or other cause is incapable of managing his or her own affairs, the Minister may direct the benefit to be paid on behalf of the recipient to a person or agency who has entered into an agreement with the Minister to administer and expend the benefit on behalf of the recipient in accordance with the terms of the agreement.
10(2) The Minister may designate a person or persons to act for the purposes of subsection (1).
Repeal
11 Manitoba Regulation 135/86 as amended by Manitoba Regulations 148/87, 137/88 and 69/89 is repealed.
Coming into force
12 This regulation comes into force on April 1, 1990.