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Income and Employment Supports Act

Published Date: July 10, 2007
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Part 2 Income Support and Health and Training Benefits (Sections 5-18)

Division 6 General Provisions (Sections 13-18)

Section 17 Financial administrator and third parties

  1. When a recipient is unable to manage his or her own financial affairs, the Director, with the recipient’s consent, may

    1. appoint a financial administrator to manage the assistance under Part 2 provided to the recipient, or

    2. make payments of part or all of the assistance under Part 2 directly to third parties if an amount is payable by the recipient to the third parties for costs relating to the provision of goods or services.

  2. Subject to the regulations, if the Director considers that a recipient is unable to manage his or her own financial affairs and no consent has been obtained under subsection (1), the Director may apply to an appeal panel under Part 7 for a determination as to whether the recipient is capable of managing his or her own financial affairs and, if necessary, for

    1. the appointment of a financial administrator to manage the assistance under Part 2 provided to or for the household unit, or

    2. approval to make payments of part or all of the assistance under Part 2 directly to third parties if an amount is payable by the recipient to the third parties for costs relating to the provision of goods or services.

  3. A financial administrator appointed under subsection (1) or (2) shall, when required by the Director, make returns showing the amount of assistance under Part 2 received, the amount that has been expended for the benefit of the recipient and the balance remaining with the financial administrator and shall, if necessary, remit any balance to the Director.

  4. The Director may revoke the appointment of the financial administrator

    1. where, in the opinion of the Director, the financial administrator is not acting in the best interests of the recipient,

    2. where the financial administrator fails to provide information that is required to be provided on behalf of the recipient or where information provided causes a repayment to be required under section 35 or 

    3. for any other reason referred to in the regulations.

  5. A financial administrator appointed under this section on behalf of a recipient has all the rights and obligations of the recipient under this Act, except Part 5.

  6. When a financial administrator appointed under subsection (1) or (2) is an officer or employee of an institution in which a recipient is maintained, the financial administrator shall pay to the institution that proportion of any assistance under Part 2 that is considered by the Director to be a reasonable sum for the maintenance of the person, but the Director shall require the financial administrator to make available to the recipient the amount that has been provided for the recipient’s personal use.

  7. Notwithstanding anything in this section, when a trustee of the estate of a person is appointed under the Dependent Adults Act, the trustee so appointed is the financial administrator for the purposes of this Act.