Income Assistance 36 Athabasca Street West Ministryof MOOSEJAW. SK Canada Social S6H 6V2 Services Phone:(306) 694-3647 Fax:(306) 694-3418 July13,2012

Case#2581999 Mr. Tim Tremblay 403- 510Laurier Street West MOOSEJAW, SK. S6H6X6

DearMr. Tremblay:

I am writing to acknowledgeyour letter for an appealhearing with the Social Services Appeal Board. I have forwarded your letter to the secretaryof this Board who will advise you of the time and date of the appealhearing.

Ifyou have any questionsabout the appealprocedures please contact the Social ServicesAppeal Board office at (306) 787-9066.

Sincerely,

Clint DeMarcb Manager, ServiceDelivery Income Assistance, & Area P: (306) 694-3632(Moose Jaw) P: (306)778-8235 ()

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o,o.Pruo",3603/SW19 LOCAL APPEAL COMMITTEE SUMMARY

Client Information: Mr. Timothy Tremblay 403- 510 LaurierSt West MOOSE JAW. SK. S6H 6X6

Present: Bryan Tudor, Chairperson Ron Gasper BrendaGannon

Supervisor/Worker:PatWilson Manaser: Clint DeMarce

rrrr.rrl-Ufay attendedthe appealvia telephoneconference call.

Applicable Resulatory and Policy Manual Reference:

Policy 15.4.2states: o When a client who is receivingup to the maximum shelterallowance for a not fully employableperson becomes employable, an adjustmentto the shelterallowance is effective6 monthsfollowing the changein statusas long as he or sheremains in the sameresidence.

o Clientsrequire time to seekalternate accommodation for reasonsother than increasedrent. Excessshelter for the month circumstanceschanged and up to two monthsfollowing may be provided.

o Clientswho receivenotice of a rent increaseand live in communitieswith vacancyrates at or below l.5Yo may receivean excessshelter allowance equal to their actualrental costs(less any SaskatchewanRental Housing Supplementreceived by the client). The excessshelter allowancemay be providedfor a period of up to 6 months.Actual rent may be providedfor further 6 month intervalsif the vacancyrate remainsbeiow 1.SYoor if the client's specific circumstanceslimit accessto more affordableor suitableaccommodation (e.g., large family size,wheelchair accessibility).

The following communitieshave vacancy rates at or below 1.5o/oas establishedby the CMHC RentalMarket Reportfor Fall, 2011: - Cities: Regina,Moose Jaw,,, ,, Humboldt, Meadow Lake, Melfort - Towns and villages: ,Belle Plaine,Buena Vista, Disley, Edenwold,Grand Coulee, Lumsden,, Pense, Pilot Butte, ReginaBeach, White City

o For clientswho must maintaintwo residencesbecause of medicaltreatment or participation in a training or employmentopportunity in anotherlocation, shelter allowances for the secondresidence cannot exceedthe maximum shelterrate for the number of familv members in this accommodation.

In the following situations,the shelteramount cannot exceed $150 abovethe maximum rate for the family size.Those receiving shelter exceeding $150 abovethe maximum rate may continue receivingthe higher shelterrate until they move, the family compositionchanges or they go off assistance.

Clientswith a disability with mobility and accessproblems are unable to locatesuitable accommodation(e.g., level entry, elevator,more spacefor wheelchair)within the shelter maximum.

Clients have an exceptional medical circumstancewhich impacts their ability to obtain accommodation.

Clients presentunusual or exceptionalbehaviour which impacts their ability to obtain accommodation.

Clients havelived in the sameresidence for ten or more yearsand continuedresidence is importantto their well-being.For home owners,additional funds may be provided for insurance(See Section 15.4.5). In the following situations,the shelteramount cannot exceed the maximum rate for the family size includingthe additionalindividuals. o A spousewho usually residesin a carefacility who staysperiodically with the client (See Section15.2.1 for visitingspouses). o Clients who operatefoster homes or clientswho provide careas Personsof Sufficient Interest(PSD. The shelterrate includesthe numberof childrenapproved for the home. o Clients who care for wards as an alternatecaregiver or parentswith accesswho have regular (at least monthly) visits with their child(ren) as part of an order or written agreement.

. Family size is expectedto change(newborn, child(ren) returning home) for 3 monthsprior to the change.When the family size decreasesthe shelteramount is not reduceduntil the client movesto anotherlocation. The appropriateshelter rate is then applied. . Family membersare temporarily absent because of: - education- for the durationof the course - incarceration- SeeChapter 13.3.4 for up to 90 days - in care of the Minister - for the duration of the wardship or agreement

Social Housing - excessshelter is not providedexcept for homeowner'sinsurance or if the client operatesa fosterhome or caresfor a child(ren)as a Personof SufficientInterest. The shelter amountis reducedwhen familv size decreases(See Section 15.4.O. SaskatchewanRental Housing Supplement Clients areto be referredto the SaskatchewanRental Housing Supplementand the Disability Housing Supplement.These benefits may be availableto assistwith the cost of housing.

For thosereceiving an allowancein excessof the maximum shelterallowances, the excess shelter allowance is reducedby an amount up to or equal to the housing supplementbenefit, but not exceedingthe amountprovided in excessof the shelterallowance. The SaskatchewanRental Housing Supplementreceived in the currentmonth, excludingany retroactiveamount, is usedto reducethe excessshelter amount in the following month. and Regulation 28(2.1)(a)& (b) states: Notwithstandingsubsection (l), in the caseof a recipientwho is receivinga rent allowance pursuantto subsection(1) ofPart D ofsection 25 that doesnot exceedthe rent schedule mentionedin clause(b) of that subsection,the following shall not be includedin the calculation of the recipient's financial resources: (a) The amount of the RHS benefit paid to the recipient pursuantto Tlrc Rental lfousing SupplementRegulations ; (b) The amountof the DHS benefitpaid to the recipientpursuant to TheDisability Housing SupplementRe gulations

Reasonfor Apneal:

Mr. Tremblay requestedan appeal stating that the rental amount that he would receive in June is incorrectand that he shouldbe issuedout the maximum shelterallowance of $314 plus the $ 107 excessthat he had beenreceiving, in additionto the $179 that he receivesfrom the Saskatchewan Rental Housing Supplement.

Minutes of Local Apneal:

Mr. Tremblay attendedhis local appealvia telephoneconference call.

Mr. Tremblay had sentin a FAX to the Appeal Board,and the Ministry. He wantedto ensure that this had beenreceived. This was confirmedand the materialwas given to the Appeal Board to review.

Ms. Wilson, the Supervisor,explained that therehad beena mis-interpretationof the SaskatchewanAssistance Plan Policy 15.4.2and as a resulta review was doneprovincially regardingexcess shelter. Mr. Tremblay's file was one of many that was reviewedand as a result of this review it was discoveredthat Mr. Tremblayhad beenreceiving the incorrectshelter rates for a period of time. Oncethis was broughtto the attentionof the supervisor,Mr. Tremblay's file was re-assessedand a letter was sentout to him indicatingthe changein his shelterrate.

Mr. Tremblay feelsthat this is incorrectas there was no announcementmade in the news or in the Legislaturethat this was happening.Mr. Tremblay indicatedthat the Governmentdid make an announcementabout the new program,Saskatchewan Assured Income for Disability (SAID) and this was coming into effect on June 1,2012. This createdsome confusion for Mr. Tremblay as the letter that he receivedregarding his excessshelter coincided with the new SAID program. Mr. DeMarce, the Manager, was very clear that thesewere two separateissues and that the Appeal Board was here to hear about the reduction to excessshelter that occurredwhile Mr. Tremblay was on SAP and did not have anything to do with the SAID program.

Mr. Tremblay expressedconcern regarding the lack of affordablehousing in Moose Jaw and questionedwhy the Governmentwas not purchasingand supplying affordable housing for people with disabilities.

Mr. Tremblay was grantedexcess shelter for the full amount of his shelter costs for the months of July, August and September,20l L Once Mr. Tremblay startedto receive the Saskatchewan Rental Housing Supplement(SRHS) and excessshelter the SRHS received neededto be reduced off his shelter rate. Ms. Wilson reiteratedthat she had misinterpretedthe policy and when the error had beenidentified it neededto be rectified.

Decision:

Our decisionis to deny your appeal. As noted in the appealreport Policy 15.4.2bullet point 2 allows for excessshelter to be paid for up to threemonths where a client requirestime to seek alternateaccommodations when a rent increasehas not occurred. The Ministry allowed that for July, August and September,20ll. Policy 15.4.2also has a sectionrelating to the Saskatchewan Rental Housing Supplementwhich statesthat excessshelter benefits must be reducedby the amount received from the Supplement. Our ruling is that the Ministry has correctly followed this policy.