Applications and Appeals (Ministerial) Regulation

(Consolidated up to 87/2026) ALBERTA REGULATION 89/2007 Assured Income for the Severely Handicapped Act APPLICATIONS AND APPEALS (MINISTERIAL) REGULATION Table of Contents Part 1 Applications and Appeals 1 Definition 2 Application for a benefit 4 Appeals to appeal panel 5 Appeal panels 6 Decisions exempt from appeal Part 2 Transitional Provisions, Repeal, Expiry and Coming Into Force 7 Income exemption 8 Facilities 9 Dependent child 9.1 Transitional — appeals 10 Repeal 11 Expiry 12 Coming into force Part 1 Applications and Appeals Definition 1 In this Regulation, “Act” means the Assured Income for the Severely Handicapped Act . Application for a benefit 2 (1) An application for a benefit must be made in the form acceptable to and must be accompanied by the information required by a director. (2) In the case of an application for reinstatement of a benefit, a director may exempt an applicant from the application of section 3(2)(a)(i) or 4(2)(a)(i), as applicable, of the Assured Income for the Severely Handicapped General Regulation if, within the previous 2 years, the applicant ceased to meet an eligibility requirement to receive the benefit other than the requirement to have a severe disability that permanently prevents employment or a severe disability that substantially impedes employment, as applicable. AR 89/2007 s2;87/2026 3 Repealed AR 201/2016 s2. Appeals to appeal panel 4 An appeal made in writing to an appeal panel under section 10.1(1) of the Act must include the following: (a) the name of the appellant or the person appealing on the appellant’s behalf; (b) a description of the decision of the director which is being appealed; (c) the date of the director’s decision; (d) the date the affected party received notice of the director’s decision; (e) the reason for the appeal; (f) the signature of the appellant or the person appealing on the appellant’s behalf. AR 89/2007 s4;87/2026 Appeal panels 5 (1) An appeal panel must not make a decision in an appeal of a director’s decision that the director would not have authority to make under the Act and regulations. (1.1) An appeal panel must not consider any information other than that considered by the director in making the decision that is being appealed. (2) An appeal panel must confirm the director’s decision that is being appealed if it determines the appeal has been abandoned. AR 89/2007 s5;240/2021 Decisions exempt from appeal 6 The following decisions of a director are exempt from appeal: (a) a decision under section 7(4) of the Act respecting whether to exempt a person from the requirement to repay an amount or value of a benefit; (b) a decision under section 9(4) of the Act to take action to collect a debt due to the Government; (c) a decision under section 2(4) of the Assured Income for the Severely Handicapped General Regulation respecting whether to exempt a person from the application of section 2(2)(d) of that Regulation; (d) a decision under section 2(8) of the Assured Income for the Severely Handicapped General Regulation to require repayment of a personal benefit; (e) a decision under section 3(1)(a) of the Assured Income for the Severely Handicapped General Regulation respecting whether a person has a severe disability that permanently prevents employment, unless the Minister has specified the decision under section 10(2)(e) of the Act as a type of decision respecting which an appeal panel may hear appeals; (f) a decision under section 8(5) of the Assured Income for the Severely Handicapped General Regulation respecting whether an applicant or client refuses a transfer to a continuing care home or a discharge from the hospital to the community; (g) a decision under section 13(6) of the Assured Income for the Severely Handicapped General Regulation respecting whether to exempt a person from the application of section 13(5) of that Regulation; (h) a decision under section 15(1)(b)(i) of the Assured Income for the Severely Handicapped General Regulation to refuse, suspend, vary or discontinue a benefit; (i) a decision under section 20(2) of the Assured Income for the Severely Handicapped General Regulation to deduct an amount or value of a benefit that the client must repay under section 7 of the Act or a debt due to the Government by the client; (j) a decision under section 6(5) of Schedule 1 to the Assured Income for the Severely Handicapped General Regulation to apply income to, or prorate income over, a different or longer period; (k) a decision under section 7(1)(a) or (b) of Schedule 3 to the Assured Income for the Severely Handicapped General Regulation to provide a personal benefit. AR 89/2007 s6;87/2026 Part 2 Transitional Provisions, Repeal, Expiry and Coming Into Force Income exemption 7 A client who received an income exemption under section 2 of Schedule 1 to the repealed Assured Income for the Severely Handicapped Regulation (AR 203/99) continues, in accordance with the requirements of that Regulation, to have that amount deducted from income under the Assured Income for the Severely Handicapped General Regulation . Facilities 8 A client is deemed to be a resident of a facility under the Assured Income for the Severely Handicapped General Regulation if the client (a) immediately prior to the coming into force of this Regulation, was receiving a modified handicap benefit under the Assured Income for the Severely Handicapped Act , RSA 2000 cA‑45, and (b) immediately prior to the coming into force of this Regulation and continuously since then, has resided in a facility designated under section 2 of Schedule 1, excluding clauses (f) and (i), to the repealed Facilities, Institutions, Health Benefits Regulation (AR 209/99). Dependent child 9 A client’s child is deemed to be a dependent child despite the fact the child is married or in a cohabiting partner relationship if, (a) immediately prior to the coming into force of this Regulation, the client was receiving a living allowance or modified living allowance, and (b) immediately prior to the coming into force of this Regulation and continuously since then, the child has otherwise qualified as a dependent child. Transitional — appeals 9.1 Where an appeal has been commenced under section 10 of the Act but not concluded before the coming into force of this section, section 5 as it read immediately before the coming into force of this section continues to apply in respect of that appeal. AR 240/2021 s4 Repeal 10 The Facilities, Institutions, Health Benefits Regulation (AR 209/99) is repealed. Expiry 11 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2030. AR 240/2021 s5;87/2026 Coming into force 12 This Regulation comes into force on the coming into force of the Assured Income for the Severely Handicapped Act , SA 2006 cA‑45.1.