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AISH Program Policy

Published Date: March 01, 2014
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General Program Information

Definitions

AUTHORITY

Assured Income for the Severely Handicapped Act, section 1
Assured Income for the Severely Handicapped General Regulation, section 1

INTENT

To list the primary legislative definitions for the AISH program.

POLICY

“Act” means the Assured Income for the Severely Handicapped Act.

“Benefit” means a benefit referred to in section 3(1).

“Client” means a recipient of a benefit who is eligible under section 3(3).

“Cohabiting partner” means one person with whom a person

i. is residing and

A. who is his or her spouse,
B. has, in the opinion of a director, a relationship of interdependence as defined in the Adult Interdependent Relationships Act,
C. has a natural or adopted child,

or

ii. is financially interdependent and has a relationship described in subclause (i)(A), (B) or (C) except that the persons are not residing together.

“Dependent child” means an unmarried child or a child who is not in a cohabiting partner relationship for whom no financial assistance is provided under a Government of Canada or Alberta program designated by the Minister who is

i. dependent for support on the person,

ii. residing with the person or would ordinarily be if that person or the dependent child was not residing in a facility, and

iii. under 18 years of age or, if attending an education program acceptable to a director, under 20 years of age.

“Facility” means

i. a nursing home as defined in the Nursing Homes Act,

ii.the part of an approved hospital or auxiliary hospital as defined in the Hospitals Act in which a person receives similar care as received in a facility described in subclause (i) that is not designated under the Mental Health Regulation (AR 19/2004) as a facility,

iii. the part of a residential facility approved by the Minister as a designated supportive living unit where a person is admitted or discharged by a regional health authority on the basis of health needs, or

iv. a residential facility or part of a residential facility approved by the Minister in exceptional circumstances when an applicant or client has unique care needs.

“Financial hardship” means that a person is unable to arrange his or her circumstances and financial affairs to meet his or her basic needs and those of his or her cohabiting partner and dependent child.

“Financially interdependent” does not include a financial interdependence based on the provision of child support, spousal support or adult interdependent partner support.

“Institution” means a place or part of a place:

i. for the detention or correction of persons who have committed a crime or who are charged with the commission of a crime,

ii. designated under the Mental Health Regulation (AR 19/2004) as a facility, or

iii. designated by the Minister as an institution and that receives funding under the Persons with Developmental Disabilities Community Governance Act.

“Severe handicap” means an impairment of mental or physical functioning or both that, in a director’s opinion after considering any relevant medical or psychological reports, causes substantial limitation in the person’s ability to earn a livelihood and is likely to continue to affect that person permanently because no remedial therapy is available that would materially improve the person’s ability to earn a livelihood.