The Disabled Persons Allowance Act

Transcription

1 The Disabled Persons Allowance Act UNEDITED being Chapter 273 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents Preamble 1 Short title 2 Interpretation 3 Power to enter into agreements 4 Allowances 5 Duties of director 6 Expenditures 7 Allowance not to be alienated, etc. 8 Recipient not disqualified from voting 9 Sums payable at death of recipient 10 Fraud 11 Recovery in case of nondisclosure, fraud, misrepresentation, etc. 12 Offences and penalties 13 Regulations

3 CHAPTER 273 An Act to provide for Allowances to Disabled Persons Preamble WHEREAS certain persons are mentally or physically disabled; and Whereas it is deemed desirable to make provision for a general scheme of allowances in the province in respect of the disability of such persons, to be entered into by the province and the Government of Canada: Short title 1 This Act may be cited as The Disabled Persons Allowances Act. R.S.S. 1965, c.273, s.1. Interpretation 2 In this Act: allowance (a) allowance means an allowance or assistance payable to a disabled person in accordance with this Act and any Act of the Parliament of Canada, heretofore or hereafter passed, relating to the payment of allowances to disabled persons, and the regulations made under those Acts; director (b) director means the Director of Public Assistance in the Department of Welfare; disabled person (c) disabled person means a person who is within the class of persons described as such in any Act of the Parliament of Canada, heretofore or hereafter passed, relating to the payment of allowances to disabled persons or in the regulations thereunder or in an agreement made under section 3; recipient (d) recipient means a person to whom an allowance has been granted and includes an applicant for an allowance. 1954, c.62, s.2; 1955, c.60, s.2; R.S.S. 1965, c.273, s.2. Power to enter into agreements 3 Subject to the approval of the Lieutenant Governor in Council, the Minister of Welfare may, on behalf of the Government of Saskatchewan, enter into an agreement or agreements with the Government of Canada to provide for a general scheme of allowances to disabled persons in the province, pursuant to any Act of the Parliament of Canada heretofore or hereafter passed relating to the payment of allowances to disabled persons, and the regulations thereunder, and for the payment by the Government of Canada to the province of such percentage of the net sum paid out by the province for allowances as may be authorized by any such Act of the Parliament of Canada and the regulations thereunder, or such other amount as may be agreed upon from time to time. 1954, c.62, s.3; R.S.S. 1965, c.273, s.3.

4 4 c. 273 ALLOWANCES TO DISABLED PERSONS Allowances 4(1) The Lieutenant Governor in Council may by order authorize and provide for the payment of allowances to the persons and under the conditions specified in any Act of the Parliament of Canada heretofore or hereafter passed relating to the payment of allowances to disabled persons, and the regulations thereunder. (2) Allowances shall be paid only to or on behalf of persons who have attained the age stipulated as a requirement of eligibility in any such Act of the Parliament of Canada or the regulations thereunder. 1954, c.62, s.4; R.S.S. 1965, c.273, s.4. Duties of director 5(1) The director shall be charged with the consideration of applications for allowances and with the payment of allowances. (2) The director shall be the provincial authority within the meaning of the Disabled Persons Act (Canada). 1954, c.62, s.5; 1955, c.60, s.3; R.S.S. 1965, c.273, s.5. Expenditures 6 All sums required for the payment of allowances and the expenses necessarily incurred in the administration of this Act and the regulations, may be paid from moneys appropriated by the Legislature for the purpose. 1954, c.62, s.6; R.S.S. 1965, c.273, s.6. Allowance not to be alienated, etc. 7 Except as provided in section 11, an allowance granted under this Act is not subject to alienation or transfer by the recipient, or to attachment or seizure in satisfaction of any claim against him. 1954, c.62, s.7; R.S.S. 1965, c.273, s.7. Recipient not disqualified from voting 8 The receipt of an allowance does not by itself constitute a disqualification of the recipient from voting at any provincial or municipal election. 1954, c.62, s.8; R.S.S. 1965, c.273, s.8. Sums payable at death of recipient 9(1) Notwithstanding anything in any Act, in case of the death of a recipient, payment of the allowance for the month in which the death occurs may be made to such person as the director may direct. (2) Notwithstanding anything in any Act, where a cheque issued to or on behalf of a recipient remains unendorsed at the date of his death, and has been returned to the Provincial Treasurer, another cheque for the same amount may be issued to such person as the director may direct.

5 ALLOWANCES TO DISABLED PERSONS c (3) Where, pursuant to subsection (1) or (2), a cheque is issued to a person who is not the personal representative of the deceased, the endorsement thereof by the payee shall constitute a sufficient and valid discharge for the amount of the cheque and the payee shall be deemed to be lawfully entitled to receive the cheque in reimbursement in whole or in part for expenses in respect of maintenance of the recipient immediately prior to his death or in respect of his funeral. 1954, c.62, s.9; 1955, c.60, s.4; R.S.S. 1965, c.273, s.9. Fraud 10 No person, knowing that he is ineligible, shall receive an allowance, and no person, knowing that another person is ineligible, shall aid or abet him in receiving an allowance. 1954, c.62, s.10; R.S.S. 1965, c.273, s.10. Recovery in case of nondisclosure, fraud, misrepresentation, etc. 11 The director shall be entitled to recover from a recipient or from the estate of a deceased recipient, as a debt due to the province, any sum wrongfully paid by way of allowance as the result of non-disclosure of facts, fraud, misrepresentation or any other cause. 1955, c.60, s.5; R.S.S. 1965, c.273, s.11. Offences and penalties 12 A person who violates any provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $ , c.62, s.12; R.S.S. 1965, c.273, s.12. Regulations 13(1) The Lieutenant Governor in Council may make such regulations and orders, not inconsistent with this Act, governing the scheme of allowances herein provided for, as he considers necessary for the proper administration of this Act, and for regulating expenditures to be made thereunder and, without limiting the generality of the foregoing, may make regulations and orders: (a) prescribing the manner and place of making application for an allowance; (b) prescribing the circumstances under which payment of an allowance shall be terminated or suspended. (2) No regulation or order by reference to which any agreement with the Government of Canada has been made shall be altered, nor shall any change be made in any scheme for the administration of allowances approved by the Governor General in Council, except with the consent of the Governor General in Council or in accordance with regulations or orders to which he has agreed. 1954, c.62, s.13; R.S.S. 1965, c.273, s.13.

6 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER