Income Assistance Regulations
Regulation- Registration
- R-038-2023
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca) consolidation downloaded Jun 6, 2026
- Under
- Social Assistance Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
The Commissioner, on the recommendation of the Minister under section 16 of the Social Assistance Act and on the recommendation of the Financial Management Board under section 17 of the Social Assistance Act, and every enabling power, makes the Income Assistance Regulations.
Interpretation and Application
(1) In these regulations,
"adult" means a person who is at least 19 years of age; (adulte)
"applicant" means a person who applies or on whose behalf an application is made for assistance, and includes, subject to subsection (2), a spouse residing with the person applying, and a recipient; (demandeur)
"application" means an application for assistance under these regulations; (demande)
"budget deficit" means the amount by which the total cost of those income assistance benefits that are necessary to an applicant exceeds the financial resources of the applicant; (déficit budgétaire)
"budget surplus" means the amount by which the financial resources of an applicant exceed the total cost of the income assistance benefits; (surplus budgétaire)
"child" means a person who is less than 18 years of age; (enfant)
"dependant" means an individual who
(a) is a member of the family of the applicant,
(b) resides with the applicant, and
(c) is wholly or in part dependent on the income of the applicant,
and includes a mature dependant, but does not include
(d) a foster child, or
(e) an adult residing with the applicant who is not a mature dependant; (personne à charge)
"Director of Child and Family Services" means the Director as defined in section 1 of the Child and Family Services Act; (directeur des services à l’enfance et à la famille)
"disability" means a physical, mental, intellectual, cognitive, learning, communication or sensory impairment that is prolonged, persistent or episodic and that is not expected to significantly restrict the person’s ability to perform daily-living activities on a continuous basis; (incapacité)
"earned income" means the items set out in subsection 22(4); (revenu gagné)
"family" means an applicant and their dependants; (famille)
"financial resources" means the financial resources of an applicant as determined in accordance with section 22; (ressources financières)
"foster child" means a child who is maintained in a private home by the Director of Child and Family Services; (enfant placé en foyer nourricier)
"head of the family" means the oldest person in the family; (chef de famille)
"household" means a family as well as any other adults who reside with the family, other than a person who is a person with a disability under section 2 of the Income Assistance for Seniors and Persons with Disabilities Regulations; (ménage)
"income assistance benefits" means the benefits set out in the Schedule; (prestations de l’assistance au revenu)
"mature child" means a person who is 18 years of age; (enfant majeur)
"mature dependant" means a person who
(a) is a member of the family of the applicant,
(b) is an adult who is less than 22 years of age,
(c) resides with the applicant,
(d) is wholly or in part dependent on the income of the applicant, and
(e) elects to be considered a dependant of the applicant; (personne à charge adulte)
"month" means a calendar month; (mois) "Officer" means a Social Welfare Officer appointed under section 4 of the Act; (agent)
"recipient" means an applicant to whom assistance has been granted under section 15; (bénéficiaire)
"reporting period" means the period beginning on the 25th day of the month that is two months prior to the month in which an application is submitted and ending on the 24th day of the month immediately preceding the month in which an application is submitted; (période de référence)
"resident" means a person who resides in and is ordinarily present in the Northwest Territories; (résidant)
"senior" means a person who is at least 60 years of age; (personne âgée)
"spouse" means a person who
(a) is married to another person,
(b) has together with another person, in good faith, entered into a marriage that is voidable or void, or
(c) is cohabiting with another person in a conjugal relationship outside marriage; (conjoint)
"trustee" means a person named in a legal instrument as having decision-making authority respecting the administration of the property of an applicant and includes a power of attorney under the Powers of Attorney Act and a guardian or trustee under the Guardianship and Trusteeship Act; (fiduciaire)
"unearned income" means the items set out in subsection 22(5). (revenu non gagné)
(2) The Director may, for the purposes of the definition "applicant", recognize a spouse who does not reside with an applicant as included in that definition. R-056-2025,s.2.
Person in Need
(1) Subject to subsection (2) and for the purposes of determining the provision of assistance, an applicant is a person in need if
(a) the applicant is unable to provide adequately for their family or any member of their family due to
(i) an inability to obtain employment,
(ii) the loss of the principal family provider,
(iii) illness,
(iv) disability, or
(v) any other cause; and
(b) as a result of the inability described in paragraph (a),
(i) a budget deficit exists, or
(ii) a budget surplus exists that is inadequate, as determined in accordance with the direction of the Director, to provide for an unexpected situation.
(2) An applicant described in subsection (1) is not a person in need if the applicant
(a) is a child or a mature child;
(b) is incarcerated;
(c) has the means available to maintain their family adequately;
(d) refuses or neglects to utilize all of the financial resources that the applicant may access, including unemployment benefits and, if the applicant is 65 years of age or older, pension benefits; or
(e) is a recipient as defined in the Income Assistance for Seniors and Persons with Disabilities Regulations.
Eligibility
An applicant is eligible to receive assistance if the applicant
(a) is a Canadian citizen;
(b) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act (Canada);
(c) is a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act (Canada) and
(i) has applied for permanent resident status, and
(ii) has been issued a social insurance number;
(d) is a person who has made a claim for refugee protection inside Canada under subsection 99(1) of the Immigration and Refugee Protection Act (Canada), whose claim
(i) has, under section 100 of that Act, been referred to the Refugee Protection Division of the Immigration and Refugee Board, or is deemed to be referred, and
(ii) has not been rejected, suspended, abandoned or withdrawn; or
(e) is a foreign national in Canada who has made a request under subsection 25(1) of the Immigration and Refugee Protection Act (Canada) and whose request has not been rejected, suspended, refused, abandoned or withdrawn.
(1) An applicant is not eligible to receive assistance if
(a) the applicant has applied for assistance under the Income Assistance for Seniors and Persons with Disabilities Regulations and their eligibility for assistance has yet to be determined; or
(b) the applicant is or was a recipient under the Income Assistance for Seniors and Persons with Disabilities Regulations, subject to subsection (3).
(2) If an applicant is ineligible to receive assistance for one month or two months, as the case may be, under section 5 or 6 of the Income Assistance for Seniors and Persons with Disabilities Regulations, the applicant is not eligible to receive assistance under these regulations during that period.
(3) An applicant who is or was recipient under the Income Assistance for Seniors and Persons with Disabilities Regulations is eligible for assistance under these regulations if their assistance was terminated because they were not
(a) a person with a disability under subparagraph 4(a)(i) of the Income Assistance for Seniors and Persons with Disabilities Regulations; or
(b) a spouse of a person with a disability under subparagraph 4(a)(ii) of the Income Assistance for Seniors and Persons with Disabilities Regulations.
(1) If the Director determines that an applicant has made a false or misleading statement for the purpose of obtaining assistance for themselves or any other person, the applicant is not eligible to receive assistance for the month in which the Director makes that determination and an Officer shall terminate any assistance that has been provided for that month.
(2) If an applicant is found to be ineligible under subsection (1) and they were previously found to be ineligible under that subsection, the applicant is not eligible to receive assistance for a period of two months, beginning in the month in which the Director makes the determination under subsection (1).
(3) Subsection (2) does not apply if
(a) it has been at least 36 months since the applicant was last found to be ineligible under subsection (1); or
(b) the applicant has not been in receipt of assistance during the 12 months preceding the determination under subsection (1).
(1) If a recipient’s assistance is terminated under paragraph 20(1)(c), the recipient is not eligible to receive assistance for the month for which their assistance is terminated.
(2) If a recipient’s assistance is terminated under paragraph 20(1)(c) and it was previously terminated under that paragraph, the recipient is not eligible to receive assistance for a period of two months, beginning in the month in which the recipient’s assistance is most recently terminated.
(3) Subsection (2) does not apply if
(a) it has been at least 36 months since the recipient’s assistance was last terminated under paragraph 20(1)(c); or
(b) the recipient has not been in receipt of assistance during the 12 months preceding the most recent termination.
Kinds of Assistance
(1) The kinds of aid that constitute assistance for the purpose of the Act are money, goods and services.
(2) Income assistance benefits or a portion of them may be provided in goods or services of an equivalent amount.
Delegation
The Minister may delegate to a local authority designated under section 5.1 of the Act the implementation of any direction of the Director referred to in these regulations in a community in respect of which the local authority has been designated.
Application for Assistance
(1) Every person applying for assistance shall
(a) make an application for assistance to the Officer for the area in which the applicant is residing; and
(b) sign a statement and authorization in accordance with sections 9 and 11.
(2) Subject to subsection (3), an application for assistance on behalf of a family shall be made by the head of the family on behalf of the family.
(3) An Officer may permit an application to be made by another member of the family who is an adult or a senior, or by a responsible person outside of the family, if the Officer determines that extraordinary circumstances exist that render the head of the family unable to make the application.
(4) A person shall not apply for assistance if
(a) the person has applied for assistance under the Income Assistance for Seniors and Persons with Disabilities Regulations; and
(b) the person’s eligibility for assistance has yet to be determined.
(5) A person shall not apply for assistance if the person is or was a recipient under the Income Assistance for Seniors and Persons with Disabilities Regulations, except as described in subsection 3.1(3). R-056-2025,s.4.
Subject to sections 10 and 11, the Director shall determine the content of the forms to be used
(a) for an application and statement and authorization referred to in paragraph 8(1)(b);
(b) for an assessment and verification of whether an applicant is a person in need; and
(c) for any other purpose that the Director considers necessary.
(1) In this section, "income in kind" means goods or services received by an applicant free of charge.
(2) The following must be provided in respect of an applicant and, except where otherwise noted, each of the applicant’s dependants before assistance is granted:
(a) name, gender, address, birth date, marital status and ethnicity;
(b) subject to subsection (3), proof satisfactory to an Officer, of social insurance number;
(c) description of any maintenance order entitling the applicant to maintenance;
(d) the monthly amount and sources of all income including gross earned income, net earned income, unearned income and income in kind;
(e) information concerning finances from, if relevant, the applicant’s employer, bank or other financial institution, mercantile organization, educational institution and federal, provincial, territorial and municipal government departments and agencies, including the Canada Revenue Agency and Employment and Social Development Canada.
(3) If, for reasons satisfactory to the Officer, proof of social insurance number is not available at the date of an application for assistance, the applicant shall, within two months after that date, provide proof that
(a) the applicant has applied for a social insurance number; or
(b) in the case of a mature dependant, the mature dependant has applied for a social insurance number.
The statement and authorization referred to in paragraph 8(1)(b) must include statements that the applicant
(a) meets one of the eligibility criteria set out in paragraphs 3(a) to (d);
(b) is at least 19 years of age;
(c) will inform the Officer of any change in the applicant’s circumstances as set out in subsection 19(1);
(d) authorizes the Officer to verify the information provided by the applicant;
(e) authorizes the release to an Officer of any information, including personal information, relating to the applicant by the applicant’s employer, bank or other financial institution, mercantile organization or educational institution or by a federal, provincial, territorial or municipal government department or agency, including the Canada Revenue Agency and Employment and Social Development Canada for the purpose of determining the applicant’s financial resources and their eligibility for assistance and for the effective and efficient general administration and enforcement of the Act and the regulations made under the Act;
(f) authorizes the release to an Officer of any information, including personal information relating to any claim by the applicant for benefits, including but not limited to employment, unemployment, pension or disability benefits under any Act of Canada, the Northwest Territories, another territory or a province;
(g) authorizes the release by an Officer of any information relating to the applicant including personal information, to the applicant’s employer, bank or other financial institution, mercantile organization or educational institution or to a federal, provincial, territorial or municipal government department or agency, including the Canada Revenue Agency and Employment and Social Development Canada for the purpose of determining the applicant’s financial resources and their eligibility for assistance and for the effective and efficient general administration of the Act and the regulations made under the Act;
(h) understands the circumstances under which and the procedure by which they may appeal a decision respecting assistance and the circumstances under which the Officer may assist the applicant in making the appeal;
(i) declares the information that the applicant provides to the Officer is true;
(j) understands that making a false or misleading statement for the purpose of obtaining assistance for themselves or any other person is an offence punishable on summary conviction; and
(k) will repay assistance for which the applicant is not eligible or in excess of the amount of assistance to which the applicant is eligible and understands that such assistance may be deducted from future assistance payments.
(1) An Officer may, in addition to the requirements set out in sections 10 and 11, require an applicant to disclose fully such information as the Officer considers necessary to establish the eligibility of the applicant.
(2) An Officer may refuse assistance until sufficient information is provided as required under subsection (1).
(3) An Officer shall, within three business days of a decision to refuse assistance under subsection (2),
(a) inform the applicant of the decision; and
(b) provide written reasons for the refusal.
If an applicant has previously applied for assistance in accordance with section 8 within 12 months of the date of the current application, an Officer may accept the previous application and statement and authorization as a new application for assistance, and may request additional information to make the application complete and up to date.
An Officer shall refuse assistance to any applicant whom the Officer determines is not a person in need or is not eligible under section 3, 4 or 5, and shall, within three business days of a decision to refuse,
(a) inform the applicant of the decision; and
(b) provide written reasons for the refusal.
Provision of Assistance
(1) If, after thoroughly reviewing and verifying the information provided by the applicant, an Officer is satisfied that an applicant is eligible to receive assistance and is a person in need, the Officer shall grant assistance and shall
(a) determine the amount of assistance to be provided based on the applicant’s need and in accordance with the Schedule as is applicable to the circumstances of the applicant;
(b) determine, in accordance with the direction of the Director, whether the assistance is to be provided as money, goods or services, or any combination of them; and
(c) provide the assistance determined under paragraphs (a) and (b).
(2) An Officer shall
(a) advise the applicant of the decision under subsection (1), including the amount of assistance to be provided and the manner in which the amount was determined; and
(b) advise the applicant of their responsibility to inform the Officer of any change in circumstances as set out in subsection 19(1).
(1) If assistance has been granted under section 15, the assistance
(a) must begin on the later of the month in which an application is made and the month in which the need for assistance is established;
(b) must be provided for the entire month in which assistance begins; and
(c) may be provided in advance for up to two months if the recipient is able to demonstrate to an Officer that the recipient and their family will be residing in a remote or inaccessible location for an extended period of time.
(2) If the eligibility of an applicant for assistance cannot be determined immediately for reasons beyond the control of the applicant or the Officer and the need of the applicant is apparently urgent, a grant of minimal assistance may be provided in accordance with the Schedule to meet the need until the eligibility of the applicant can be determined.
(3) The Director may exercise their discretion to provide assistance for a maximum of 12 months prior to the day on which the need for assistance is established, but may not provide assistance for any period prior to the first day of the month in which an application is submitted.
(4) Notwithstanding anything in this section, if it is determined as a result of an appeal commenced in accordance with the Act that the applicant was incorrectly denied a benefit through no fault of the applicant, the applicant is entitled to be awarded assistance for the entire period of entitlement.
(5) Notwithstanding subsections (1) and (2), assistance shall not be provided in respect of a period of time during which an applicant was not eligible to receive assistance under section 3, 4 or 5.
Method of Providing Assistance
(1) Assistance in the form of money may be paid
(a) by cheque or direct deposit to the recipient or as otherwise directed by the recipient; or
(b) by cheque to a trustee.
(2) Assistance in the form of goods or services may be provided to the recipient by the Officer or by a person authorized by the Officer to provide the goods or services.
(3) If, under subsection (1), payment is made to a trustee the trustee shall, in a manner approved by the Director and at intervals of not longer than 12 months, provide an accounting of expenditures to the Officer granting the assistance.
Changes in Amount of Assistance
(1) If a recipient provides information satisfactory to an Officer that the recipient’s need for assistance, as assessed under paragraph 15(1)(a), has increased due to a change in circumstances, the Officer shall, subject to subsection (3), grant an increase in the amount of assistance determined under that paragraph.
(2) An increase to assistance granted under subsection (1) must be applied in respect of the later of
(a) the month in which the Officer is advised that the recipient's need has increased; and
(b) the month in which the need for increased assistance is established.
(3) The Director may exercise their discretion to provide assistance for a maximum of 12 months prior to the month in which the need for increased assistance is established, but may not provide assistance for any month prior to the month in which the application for assistance was made.
(4) Notwithstanding anything in this section, if it is determined as a result of an appeal commenced in accordance with the Act that the applicant was incorrectly denied a benefit through no fault of the applicant, the applicant is entitled to be awarded assistance for the entire period of entitlement.
(5) An increase in assistance may be denied if, in the opinion of the Director, the recipient has, in an unreasonable manner, caused or contributed to the change in the recipient’s circumstances.
(1) A recipient shall inform an Officer, on or before the first of the month following the month in which assistance is provided, of any change in circumstances that may affect the amount of assistance determined under paragraph 15(1)(a), including but not limited to a change in family members, income, assets or residence.
(2) If the need of a recipient for assistance is reduced, the Officer shall take immediate action to reduce the amount of the assistance provided.
(3) Subsection (2) does not apply if the need of a recipient is reduced because the recipient leaves their home community for a temporary period
(a) to receive treatment or medical care; or
(b) in extraordinary circumstances, as may be determined by the Director.
(1) Subject to subsection (2), an Officer shall terminate assistance provided to a recipient or a family, as the case may be, if
(a) the recipient has the means available to maintain their family adequately;
(b) the recipient refuses or neglects to utilize all the financial resources that the recipient may access, including unemployment benefits and, if the applicant is over 65 years of age, pension benefits;
(c) the recipient fails to inform the Officer of any change in circumstances as set out in subsection 19(1);
(d) the recipient fails to submit to the Officer the forms and information required under sections 8 and 10 to 12 to assess continued eligibility for income assistance benefits by the last day of the month;
(e) the recipient obtains employment resulting in earnings adequate to meet the needs of their family, but assistance may be continued until receipt of the recipient’s first paycheque; or
(f) subject to subsection (5), the recipient leaves the Northwest Territories.
(2) An Officer who believes that it is appropriate in the circumstances may issue to a recipient referred to in paragraph (1)(c) a formal warning instead of terminating the recipient’s assistance under that paragraph.
(3) No more than one warning may be issued under subsection (2) in respect of a failure to provide the information referred to in paragraph (1)(c).
(4) Notwithstanding subsection (3), a second or subsequent warning may be issued if
(a) it has been at least 36 months since the recipient last received a warning under subsection (2); or
(b) the recipient has not been in receipt of assistance during the 12 months preceding the most recent warning.
(5) The Director may provide assistance to a recipient whose assistance would otherwise have been terminated under this section, for one or more temporary periods not exceeding three months each, if a recipient leaves the Northwest Territories
(a) to receive treatment or medical care; or
(b) in extraordinary circumstances, as may be determined by the Director.
(1) Before changing, suspending, reinstating or terminating assistance, an Officer shall, if possible, review the recipient’s circumstances with them, or in lieu of this review and with the knowledge of the recipient, make such inquiry and obtain such information as the Officer considers necessary.
(2) An officer shall inform the recipient of the results of any inquiry conducted and the information obtained under subsection (1).
(3) If assistance is changed, suspended, reinstated or terminated, the Officer shall, as soon as practicable,
(a) inform the recipient of the change, suspension, reinstatement or termination; and
(b) provide written reasons for the change, suspension, reinstatement or termination.
Financial Resources
(1) In this section, "monthly income" means the total, for a reporting period, of the amount determined by the formula
where,
(a) A is all earned income of an applicant, as set out in subsection (4);
(b) B is all unearned income of an applicant, as set out in subsection (5); and
(c) C is any allowable income of an applicant, as set out in subsection (8).
(2) For greater certainty, a reference in this section to the income or assets of an applicant is a reference to the income or assets of an applicant and their spouse
(a) if the applicant and their spouse reside together; or
(b) if the Director, under subsection 1(2), recognizes a spouse who does not reside with an applicant as included in the definition of "applicant".
(3) In calculating the financial resources of an applicant, an Officer shall, in accordance with these regulations, ascertain the monthly income of the applicant and shall make such inquiries as are necessary for that purpose.
(4) Subject to subsection (6), the following are considered earned income for the purposes of subsection (1):
(a) salary and wages, including voluntary deductions but excluding mandatory deductions;
(b) net income, determined in accordance with the direction of the Director, from hunting, trapping and fishing;
(c) net income, determined in accordance with the direction of the Director, from business operations;
(d) honoraria received from benevolent or other organizations or agencies;
(e) income from employment insurance;
(f) payments made by the Workers’ Safety and Compensation Commission that are considered, in accordance with the direction of the Director, to be paid or payable as compensation for loss of income.
(5) Subject to subsection (6), the following are considered unearned income for the purposes of subsection (1):
(a) net income, determined in accordance with the direction of the Director, from roomers, other than roomers referred to in paragraph (c);
(b) net income, determined in accordance with the direction of the Director, from boarders, other than boarders referred to in paragraph (c);
(c) gross income received from roomers or boarders who receive assistance under the Act;
(d) net income, determined in accordance with the direction of the Director, received from rented self-contained living quarters or property the applicant is allowed to retain;
(e) regular or periodic payments received under any annuity, pension plan, superannuation scheme or insurance benefit, except if the insurance payment is received as a result of fire, theft, or property damage and is used to replace or repair loss;
(f) benefits from benevolent organizations or other agencies;
(g) money received from a co-operative association by a member as a result of the member’s patronage of the association;
(h) payments, whether on the principal or as interest, received on a mortgage or agreement for sale;
(i) money received as a loan, determined in accordance with the direction of the Director;
(j) any pension or payment received under the legislation of any other country;
(k) the goods and services tax credit under the Income Tax Act (Canada), paid by the Government of Canada;
(l) a gift or gratuity of cash, or of a financial instrument that can be converted into cash, with a loss not exceeding 25% of reasonable market value;
(m) tax refunds, including payments for tax credits;
(n) income, benefits or money, other than income from employment insurance and not otherwise dealt with in this subsection, received from or paid by any provincial, territorial, federal or municipal government agency;
(o) payments, including grants and loans, that are received for training and education and that are considered, in accordance with the direction of the Director, to be provided for monthly living expenses;
(p) fellowships, bursaries, and scholarships;
(q) winnings, including but not limited to bingo or lottery winnings;
(r) subject to subsection (7), financial instruments or other assets including any of the following, unless the applicant proves, to the satisfaction of the Director, that such instruments or assets cannot be realized within 90 days or converted into cash at a loss not exceeding 25% of reasonable market value:
(i) real property and equity in real property,
(ii) personal property, including money in a bank or other financial institution,
(iii) a right to receive or recover a debt on demand,
(iv) the immediate realizable value of stocks, bonds or other securities,
(v) mortgages,
(vi) agreements for sale,
(vii) entitlements under life insurance or other insurance policies,
(viii) entitlements under wills, trusts or other settlements.
(6) The following shall not be included as earned income under subsection (4) or unearned income under subsection (5):
(a) the Canada Child Benefit paid by the Government of Canada and the NWT Child Benefit paid by the Government of the Northwest Territories;
(b) survivor’s benefits payable to a child under the Canada Pension Plan;
(c) the Child Disability Benefit, paid by the Government of Canada;
(d) money, other than child support payments, that is determined in accordance with the direction of the Director to be paid or payable to an applicant who requires special care or to members of the family of the applicant who require special care;
(e) the value of any benefits received under the Government of the Northwest Territories Medical Travel Policy 49.06, including any meals provided by a health facility;
(f) money paid or payable as a per diem that is of the same type that would be approved by the Government of the Northwest Territories for duty travel by its employees and which does not exceed the rates approved by the Government of the Northwest Territories for expenses respecting duty travel by its employees;
(g) a cost of living offset payment received from the Government of Canada in accordance with the Income Tax Act;
(h) a carbon tax rebate paid under subsection 2.2(1) of the Petroleum Products and Carbon Tax Act;
(i) payments, determined in accordance with the direction of the Director, paid or payable for the maintenance of a dependent adult;
(j) funds accumulated in or received from a registered disability savings plan as defined in subsection 146.4(1) of the Income Tax Act (Canada), and as referred to in paragraph 2(2)(b) of the Canada Disability Savings Act;
(k) money paid or payable that, in the opinion of the Director, having regard to the social and economic circumstances of the applicant, it would be unreasonable to include in the calculation of monthly income;
(l) payments made by the Director of Child and Family Services on behalf of a foster child;
(m) payments granted by the Government of Canada under Jordan’s Principle or the Inuit Child First Initiative;
(n) money paid or payable or the value of goods received under the terms of any treaty, self-government agreement or land claims agreement within the meaning of section 35 of the Constitution Act, 1982;
(o) money paid or payable under the terms of an impact benefits agreement;
(p) compensation paid in respect of attendance at or abuse sustained while attending an Indian residential or day school;
(q) compensation paid that is related to a claim for the loss of culture and identity with respect to the practice of removing Aboriginal children from their families and placing them for adoption in non-Aboriginal homes, commonly known as the Sixties Scoop;
(r) money paid or payable by the Workers’ Safety and Compensation Commission, other than payments referred to in paragraph (4)(f);
(s) payments granted by the Government of Canada or an Indigenous government in relation to agricultural benefits programs for Indigenous governments and individuals;
(t) other money paid by an Indigenous Government which should, in the opinion of the Director, not be included in the calculation of monthly income under subsection (1);
(u) any other money that is considered, in accordance with the direction of the Director, to be paid or payable as compensation for pain and suffering.
(7) The following shall not be included as unearned income referred to in paragraph (5)(r):
(a) the value of real property used as a residence of the applicant unless the property is, in the opinion of the Director, in excess of the reasonable needs of the applicant;
(b) the value of real property and equipment necessary for the operation of a viable business of the applicant as determined by an economic development agency or the Director;
(c) the value of materials or vehicles that are, in the opinion of the Director, reasonably required by the applicant for the purposes of hunting, trapping or fishing;
(d) the value of household furnishings, appliances, clothing, electronics and personal items belonging to the applicant that, in the opinion of the Director, it is unreasonable to include as unearned income;
(e) the value of a motor vehicle that is specially adapted to accommodate a physical disability of the applicant or their dependant;
(f) the value of a motor vehicle, as determined in accordance with the direction of the Director, other than a motor vehicle to which paragraph (c) or (e) applies;
(g) the value of an asset purchased using money that is traceable to
(i) an item not included as earned or unearned income under subsection (6), or
(ii) allowable income referred to in subsection (8);
(h) money held by the applicant in a bank or other financial institution, up to a maximum of twice the amount that would be required for the applicant to adequately provide for their family for one month;
(i) money that is held in a bank or other financial institution and that is traceable to an item not included as earned or unearned income under subsection (6);
(j) money held in trust for a child;
(k) money held in a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada);
(l) money that is held in a bank or other institution in a savings plan of a type approved by the Director;
(m) the value of an asset that, in the opinion of the Director, having regard to the social and economic circumstances of the applicant, it would be unreasonable to expect the applicant to convert into cash.
(8) For the purposes of subsection (1) and subject to subsection (9), the following is allowable income in each reporting period:
(a) $500 of earned income earned by each adult in the family;
(b) 25% of any earned income earned by each adult in the family in excess of the applicable amount under paragraph (a);
(c) $350 of unearned income.
(9) The following shall not be included as allowable income under subsection (8):
(a) money received as part of the Canada-NWT Housing Benefit;
(b) money received as student financial assistance received under the Student Financial Assistance Regulations;
(c) money received from a labour development program;
(d) any other money received that the Director determines should not be included as allowable income.
A + B - C
Recovery of Assistance
The Director may recover from a recipient or the estate of a recipient the amount of assistance
(a) in excess of that authorized by the Act, these regulations or any other regulations made under the Act; or
(b) to which the recipient was not entitled, but which was granted because of the recipient’s failure to disclose income or assets.
Voluntary Repayment of Assistance
Any person who has received assistance may repay such assistance and the money so received shall be deposited in the Consolidated Revenue Fund.
Alienation or Transfer of Assistance
Assistance granted under these regulations is not subject to alienation or transfer by the recipient, or to attachment or seizure in satisfaction of a claim.
The Income Assistance Regulations, RRNWT 1990,c.S-16, are repealed.
These regulations come into force July 1, 2024.
SCHEDULE
(Subsection 1(1), paragraph 15(1)(a), subsection 16(2))
INCOME ASSISTANCE
BENEFITS
For the purposes of these regulations, the income assistance benefits and their cost are as follows:
1. In this Schedule,
"Zone A" means any of the following communities and their surrounding areas:
(a) Colville Lake,
(b) Délînê,
(c) Fort Good Hope,
(d) Norman Wells,
(e) Tulita; (Zone A)
"Zone B" means any of the following communities and their surrounding areas:
(a) Aklavik,
(b) Inuvik,
(c) Paulatuk,
(d) Sachs Harbour,
(e) Tsiigehtchic,
(f) Tuktoyaktuk,
(g) Ulukhaktok,
(h) Fort McPherson; (Zone B)
"Zone C" means any of the following communities and their surrounding areas:
(a) Fort Liard,
(b) Fort Providence,
(c) Fort Simpson,
(d) Wrigley,
(e) Jean Marie River,
(f) Kakisa,
(g) Nahanni Butte,
(h) Sambaa K’e; (Zone C)
"Zone D" means any of the following communities and their surrounding areas:
(a) Behchokö,
(b) Gamètì,
(c) utselk’e,
(d) Wekweèktì,
(e) Whatì; (Zone D) "Zone E" means any of the following communities and their surrounding areas:
(a) Enterprise,
(b) Fort Resolution,
(c) Fort Smith,
(d) Hay River,
(e) Kátå’odeeche First Nation; (Zone E)
"Zone F" means any of the following communities and their surrounding areas:
(a) Dettah,
(b) Ndilô,
(c) Yellowknife. (Zone F)
Base Assistance
2. Base assistance may be provided to an eligible person in need, in accordance with the direction of the Director, in the form of
(a) a basic benefit, not exceeding the amount prescribed in the Maximum Basic Benefit Table set out in this Schedule and corresponding to
(i) the zone in which the recipient resides, and
(ii) the number of adults in the family; or
(b) a room and board benefit, not exceeding the amount prescribed in the Maximum Room and Board Benefit Table set out in this Schedule and corresponding to
(i) the zone in which the person in need resides, and
(ii) the number of adults in the family.
Accommodation Allowance
3. (1) A rental accommodation allowance up to a maximum amount equal to the actual cost of rental accommodation may, subject to subsections (2) and (3), be provided to an eligible person in need in accordance with the direction of the Director.
(2) No allowance shall be provided under subsection (1) in respect of accommodation in a hotel, motel, hostel or other similar tourist establishment unless
(a) the person in need has entered into a lease agreement with the establishment for a self-contained suite; and
(b) the Director considers it appropriate in the circumstances.
(3) If an eligible person in need resides in accommodation for which a subsidy is normally available, the allowance must not exceed the minimum rental rate for the unit.
(4) If an eligible person in need owns their own home, a monthly allowance may be provided which is sufficient to cover current taxes, home insurance and other assessments, but the total allowance must not exceed the rental accommodation allowance that would otherwise be provided.
(5) If an eligible person in need is making mortgage payments on their own home, a monthly allowance may be provided which is sufficient to cover current taxes, mortgage payments, home insurance and other assessments, but
(a) the total allowance must not exceed the rental accommodation allowance which would otherwise be provided; and
(b) no monthly allowance shall be provided to a person in need under this section more than four times in a 36-month period.
Fuel Allowance
4. An allowance may be provided to an eligible person in need for the actual cost of fuel required for heating and cooking purposes.
Utilities Allowance
5. An allowance may be provided to an eligible person in need for the actual cost of power, water and sewage services required.
Bridge Benefit
6. If an eligible person in need has had a child and is not yet in receipt of a Canada child benefit within the meaning of the Income Tax Act (Canada), a monthly allowance may be provided
(a) for a period of no more than two months; and
(b) in an amount determined by the Director. Expenses Incidental to Children’s Primary and Secondary Education and Other Training
7. An allowance may be provided, in accordance with the direction of the Director, for the following expenses incidental to the primary or secondary education or other training of a child or a mature child who is a dependant of an eligible person in need:
(a) transportation;
(b) textbooks and supplies;
(c) annual school fees;
(d) tuition.
Tuition and Book Allowances for Post-Secondary Education
8. (1) In this item,
"approved institution" means an approved institution as defined in subsection 1(1) of the Student Financial Assistance Regulations; (établissement agréé)
"full-time student" means a full-time student as defined in subsection 1(1) of the Student Financial Assistance Regulations; (étudiant à temps complet)
"program of studies" means a program of studies as defined in subsection 1(1) of the Student Financial Assistance Regulations; (programme d’études)
"semester" means a semester as defined in subsection 1(1) of the Student Financial Assistance Regulations; (semestre)
"Student Financial Assistance Regulations" means the Student Financial Assistance Regulations made under the Student Financial Assistance Act. (Règlement sur l’aide financière aux étudiants)
(2) Assistance in the form of a tuition allowance may be provided to an eligible person in need, for the payment of tuition for the person or their dependant, to a maximum amount described in subitem (3) for a semester, if
(a) the person in need or their dependant is enrolled as a full-time student at an approved institution in a program of studies approved by the Director;
(b) the person who is enrolled as a full-time student is not eligible for student financial assistance under the Student Financial Assistance Regulations and the ineligibility is not the result of the application of section 35.2 of those regulations; and
(c) the person who is enrolled as a full-time student has been ordinarily resident in the Northwest Territories for a continuous period of 12 months immediately before the day on which the semester begins.
(3) The maximum amount of an allowance under subitem (2) is equivalent to the maximum amount of a grant approved by the Deputy Minister in respect of tuition and fees under subparagraph 7(a)(i) of the Student Financial Assistance Regulations.
(4) Assistance in the form of a book allowance may be provided to an eligible person in need, for the purchase of books for the person or their dependant, to a maximum amount described in subitem (5) for a semester, if the person in need receives a tuition allowance for themselves or their dependant under subitem (2).
(5) The maximum amount of an allowance under subitem (4) is equivalent to the maximum amount of a grant approved by the Deputy Minister for books under subparagraph 7(a)(ii) of the Student Financial Assistance Regulations.
Security Deposits
9. (1) Assistance may be provided to an eligible person in need for the payment of a security deposit if one is required for the provision of accommodations or utilities to the recipient.
(2) The Director may recover from a recipient, in monthly instalments in amounts determined by the Director, the amount of assistance provided to the recipient under subitem (1).
(3) A recipient must repay the total amount of assistance that the recipient receives for the payment of a security deposit
(a) when the landlord or utility provider refunds the security deposit or a part of the security deposit to the recipient;
(b) when the security deposit is forfeited under the terms of the agreement between the landlord or utility provider and the recipient under which the security deposit was paid; or
(c) when the recipient is no longer in receipt of assistance.
Emergency Assistance
10. Emergency assistance may be provided, in accordance with the direction of the Director, to a recipient if they are unable to sustain their family or any member of their family.
Child Care Benefit
11. A child care benefit may be provided to an eligible person in need in accordance with the direction of the Director.
Record Suspension Application Fees
12. (1) In this item, "application for a record suspension" means an application, by an individual convicted of an offence under an Act of Parliament, for a record suspension in respect of that offence, under the Criminal Records Act (Canada).
(2) Assistance may be provided to an eligible person in need for the payment of any fees required for an application for a record suspension.
MAXIMUM BASIC BENEFIT TABLE
Number of Adults
1 2 3 Zone ($) ($) ($)
Zone A 946 1337 1639 Zone B 885 1251 1533 Zone C 764 1081 1324 Zone D 721 1020 1249 Zone E 706 998 1222 Zone F 573 810 993
MAXIMUM ROOM AND BOARD BENEFIT TABLE
Number of Adults
1 2 3 Zone ($) ($) ($)
Zone A 143 201 247 Zone B 151 214 262 Zone C 142 201 247 Zone D 128 182 223 Zone E 133 189 231 Zone F 122 172 211
TABLEAU DES PRESTATIONS
Nombre d’adultes
1 2 3 Zone ($) ($) ($)
Zone A 946 1337 1639 Zone B 885 1251 1533 Zone C 764 1081 1324 Zone D 721 1020 1249 Zone E 706 998 1222 Zone F 573 810 993
TABLEAU DES PRESTATIONS MAXIMALES
Nombre d’adultes
1 2 3 Zone ($) ($) ($)
Zone A 143 201 247 Zone B 151 214 262 Zone C 142 201 247 Zone D 128 182 223 Zone E 133 189 231 Zone F 122 172 211
Yellowknife, N.W.T.
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