S-5, r. 1 - Regulation respecting the application of the Act respecting health services and social services for Cree Native persons

Section 363.2 Disposition versions

2022-09-01

363.2. The increase for property is equal to 1% of the amount by which the value of the property of the accommodated person and his spouse, if applicable, exceeds $5,000 if the accommodated adult has a dependent spouse or child, and $2,500, in all other cases.

For the purpose of calculating this increase, the total value of the property is determined in accordance with sections 145, 146, 148 and 150 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1), given the necessary adaptations and excluding the total value of the following property from the calculation of the increase:

(1)  the value of a residence or farm during the longer of the following periods:

(a)  a period of one year from the time when a contribution may be required of the adult pursuant to section 159 of the Act, as a beneficiary who is accommodated in an institution;

(b)  the period during which the dependent spouse or child of the accommodated adult lives in or operates this residence or farm on a continuous basis;

(2)  the capital from an indemnity paid as compensation for immovable property following an expropriation, fire or other disaster, act of war, attack or criminal act if it is used in the 2 years following its receipt for the repair or replacement of this property or for the operation of an enterprise;

(3)  the capital from the sale of a residence if it is used to purchase a new one or have a new one built within 6 months of the sale;

(4)  the capital from an indemnity paid as compensation for movable property following a fire or other disaster, act of war, attack or criminal act if it is used within 90 days of its receipt;

(5)  the value of the property used within the scope of self-employment or the operation of a farm.

Notwithstanding the first paragraph, with respect to the property referred to in subparagraphs 1 to 3 of the second paragraph, the increase for property applicable at the end of the time periods set out therein is equal to 1% of the amount by which the total value of the property exceeds the amount provided for in the first paragraph of section 164 of the Individual and Family Assistance Regulation.

O.C. 1281-2020, s. 8; O.C. 1381-2022, s. 3.

2021-01-01

363.2. The increase for property is equal to 1% of the amount by which the value of the property of the accommodated person and his spouse, if applicable, exceeds $5,000 if the accommodated adult has a dependent spouse or child, and $2,500, in all other cases.

For the purpose of calculating this increase, the total value of the property is determined in accordance with sections 145, 146, excluding paragraph 2, 148 and 150 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1), given the necessary adaptations and excluding the total value of the following property from the calculation of the increase:

(1)  the value of a residence or farm during the longer of the following periods:

(a)  a period of one year from the time when a contribution may be required of the adult pursuant to section 159 of the Act, as a beneficiary who is accommodated in an institution;

(b)  the period during which the dependent spouse or child of the accommodated adult lives in or operates this residence or farm on a continuous basis;

(2)  the capital from an indemnity paid as compensation for immovable property following an expropriation, fire or other disaster, act of war, attack or criminal act if it is used in the 2 years following its receipt for the repair or replacement of this property or for the operation of an enterprise;

(3)  the capital from the sale of a residence if it is used to purchase a new one or have a new one built within 6 months of the sale;

(4)  the capital from an indemnity paid as compensation for movable property following a fire or other disaster, act of war, attack or criminal act if it is used within 90 days of its receipt;

(5)  the value of the property used within the scope of self-employment or the operation of a farm.

Notwithstanding the first paragraph, with respect to the property referred to in subparagraphs 1 to 3 of the second paragraph, the increase for property applicable at the end of the time periods set out therein is equal to 1% of the amount by which the total value of the property exceeds the amount provided for in the first paragraph of section 164 of the Individual and Family Assistance Regulation. As well, with respect to automobiles, the increase for property is equal to 1% of the amount by which the value of these automobiles exceeds $10,000.

O.C. 1281-2020, s. 8.