Families dismayed with rules denying benefits for severely handicapped
An Alberta woman whose daughter received an inheritance says the blessing became a curse because of laws that put people with disabilities at a disadvantage.
“We didn’t know the problem existed until it was slapped at us,” said Claire Ehman.
Her daughter Andrea Ehman, 28, has Down syndrome and was dependent on Assured Income for the Severely Handicapped (AISH), which gives eligible Albertans living allowances of up to $1,588 per month, as well as other benefits.
But after Andrea Ehman’s father died suddenly in 2015, she inherited his Registered Retirement Savings Plan, house, car and pension. He didn’t have a properly notarized will and as Ehman’s parents were divorced, she was the next of kin.
It gave Andrea Ehman more than $100,000 in assets, disqualifying her from receiving AISH.
“You’re kicked off ... It’s a snap of a finger and then they don’t talk to you,” Claire Ehman said.
While a substantial inheritance suggests long-term financial security, Ehman said her daughter’s future was put in jeopardy. At the age of 28, AISH was her only source of income and independence, and gave her access to health benefits including dental and optical.
It’s a problem that NDP CalgaryCurrie MLA Brian Malkinson tried to address in a private member’s bill he tabled Dec. 5. The AISH (Discretionary Trust) Amendment Act would have made discretionary trusts, also known as Henson trusts, exempt from the assets factored into AISH eligibility.
But the bill died on the order paper when the legislative sitting ended Wednesday.
The change would have brought Alberta in line with other provinces, he noted.
“I’m always eternally optimistic on these things,” Malkinson said, explaining that he would explore other ways to introduce the change if necessary.
Robert Pearcey, whose 29-yearold son is dependent on AISH, said it’s disappointing that Alberta’s laws are different from those in the rest of Canada. “When I pass on ... I’d like to be able to continue to support him and that would involve leaving him some money in my will,” Pearcey said. “Right now, if I were to do that, he would likely lose all or most of his AISH benefits.”
Those benefits include access to expensive prescription drugs and public transportation, he added.
Community and Social Services Minister Irfan Sabir praised Malkinson’s bill earlier this month.
“Before this bill, trusts were dealt on a case-by-case basis,” he noted. “It’s certainly a welcoming change in the community.”
For the Ehmans, the financial burden has prompted them to plan a move to Windsor, Ont., next year.
“I can set up a Henson trust in Ontario,” Claire Ehman said. “I can get sick, I can die and I can’t do that here.”