Bill eases financial rules around disabled children
EDMONTON The Alberta government introduced new legislation Monday to help parents set aside financial support for children with disabilities without risking their access to provincial benefits.
“It will allow Albertans to establish trusts for family members and loved ones who are receiving AISH benefits without affecting their eligibility for the program,” Community and Social Services Minister Irfan Sabir told a news conference.
People with disabilities who depend on Assured Income for the Severely Handicapped (AISH) receive living allowances of up to $1,588 per month, as well as other benefits. But under current law, Albertans with assets totalling more than $100,000 aren’t eligible to receive AISH, although there are exemptions for such things as a principal residence and a vehicle adapted for the applicant’s disability. AISH benefits end at age 65.
If approved, Monday’s legislation closes a gap that meant people with disabilities were cut off from benefits if they passed that threshold in assets, through a family trust, for example.
“We have been advocating for many years for this province to join the rest of Canada in honouring and safeguarding discretionary trusts,” said Bruce Uditsky, chief executive of Inclusion Alberta, a non-profit that advocates for people with developmental disabilities. He said the legislation goes further than he hoped for. “It does this by honouring trusts other than those that are discretionary in nature.”
Bill 5, an Act to Strengthen Financial Security for Persons with Disabilities, builds on a private member’s bill that died on the order paper in the fall. If approved, new rules would take effect April 1.
Under the proposed changes, families will also be granted a oneyear grace period to plan out their finances.
“The most universal and everpresent fear on the minds of every parent of a child with significant disability is ‘what will happen to my son or daughter when I am no longer here,’” Uditsky said. “This bill will provide parents with a little more piece of mind.
“We will no longer have to fear our children with disabilities having to be impoverished in order for their benefits to be sustained.”
The announcement comes more than 10 months after the province passed a bill to create a disability advocate office.
“We have worked in our office to create that space and deal with all the logistics,” Sabir said. “We are hoping to have the office set up this spring.”