Senior Citizens Benefits Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.S-7
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
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.
- None.
- Regulations
- Amount of Benefit Regulations, s.1 (under the Senior Citizens Benefits Act) → s.3
Definitions
1.In this Act,
"beneficiary" means a person in receipt of a benefit and either a supplement or a spouse’s allowance; (prestataire)
"benefit" means a monthly allowance authorized to be paid under this Act and the regulations; (prestation)
"Director" means the Director of Senior Citizens Benefits appointed under section 2; (directeur)
"spouse’s allowance" means the spouse's allowance authorized to be paid under the Old Age Security Act (Canada); (allocation de conjoint)
"supplement" means the monthly guaranteed income supplement authorized to be paid under the Old Age Security Act (Canada). (supplément)
Director of Senior Citizens Benefits
2.The Minister shall appoint a Director of Senior Citizens Benefits.
Payment of benefits
3.(1) In accordance with the regulations, the Director may, out of moneys appropriated for the purpose, pay a benefit in the prescribed amount to every person who
(a) is receiving a supplement or spouse’s allowance in the Territories and not elsewhere; and
(b) has made his or her home and is ordinarily resident in the Territories, excluding any tourists, transients or visitors to the Territories.
(2) Payment of a benefit may be made in respect of each month in which the beneficiary receives a supplement or spouse’s allowance.
Termination of benefit
4.The eligibility of a beneficiary to receive a benefit ceases
(a) on the payment of the benefit for the month in which the beneficiary dies; or
(b) on the beneficiary ceasing to comply with paragraph 3(1)(a) or (b).
Recovery of benefits
5.(1) A person who receives a sum of money paid as a benefit to which the person is not entitled shall without delay return that sum of money to the Director.
(2) Where a person receives a sum of money paid as a benefit to which the person is not entitled, that sum of money may be recovered as a debt due to the Minister in proceedings commenced
(a) at any time, where that person made a wilful misrepresentation or committed fraud for the purpose of receiving it; or
(b) where paragraph (a) does not apply, within one year of its receipt.
(3) Where the person referred to in subsection (2) is or becomes a beneficiary, the amount of any indebtedness referred to in subsection (2) may be deducted and retained out of any benefit otherwise payable to that person.
Assignment of benefits
6.A benefit may not be assigned, charged, attached, anticipated or given as security, and any transaction, instrument or part of a transaction or instrument purporting to assign, charge, attach, anticipate or give as security a benefit is void.
Agreement
7.The Minister and the Commissioner may, on behalf of the Government of the Northwest Territories, enter into an agreement with the Government of Canada providing that benefits may be included with the amount of the benefit payable under the Old Age Security Act (Canada) and paid by the Government of Canada on behalf of the Government of the Northwest Territories in the manner and on the terms that the agreement may provide.
Offence and
8.Every person who
(a) knowingly applies for or attempts to obtain a benefit to which he or she is not entitled, or
(b) fails to comply with subsection 5(1),
is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and, in default of payment, to imprisonment for a term not exceeding three months.
Regulations
9.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) prescribing the manner of paying benefits;
(b) fixing the amounts of benefits;
(c) prescribing the forms for use under this Act;
(d) prescribing the manner of deducting payments under subsection 5(3);
(e) for the establishment and functioning of a fund comprising moneys mentioned in subsection 3(1) and payments into and out of the fund; and
(f) respecting any matter required for the proper administration of this Act and the regulations.
(2) Notwithstanding anything in this Act, a regulation may make different provisions as between persons resident in different parts of the Territories.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./1997©