Unemployable

3-10 Payments to Agents

PURPOSE

1. To facilitate payments to persons incapable of making application on their own behalf.

PRINCIPLE

2. Every effort should be made to direct payments to applicants and assist them in managing their own affairs.

3. Physical or mental “disability” itself is not a reason for directing payment through an agent.

4. Minors (those under 18) are legally “incapable” and therefore require an agent.

5. The agent is expected to ensure that the applicant gets the full benefit of assistance paid on his/her behalf.

6. Other services should be considered where mis-management is involved.

POLICY

7. Assistance may be paid to an agent where there is satisfactory evidence that the applicant is incapable of making application by reason of infirmity, illness, minority or other causes.

8. An agent may be a person or an agency approved by the Department.

9. Where an application is made by someone other than the applicant him/herself, incapability can be determined by the Department as detailed in Regulation 4(2).

10. Agent responsibilities shall be fully explained at the time of the agreement. For administrative purposes, the agent stands in place of the applicant and shall fulfill the same obligations as would be expected of the applicant (such as notification of changes in circumstances that may affect eligibility). As well, the agent shall act in the best interest of the applicant with respect to obtaining benefits for which the applicant may be eligible.

11. The worker should request report(s) from an agent from time to time to ensure that the applicant received full benefit of assistance paid on his/her behalf.

PROCEDURE

12. Documentation on file should clearly indicate the reason the applicant is not capable of managing his/her own affairs. It is not required when providing assistance to a minor.

13. Once eligibility is determined an “Agreement of Trustee” (ISM documents) must be completed.

14. There are occasions when the Department makes payment for a specific item to a third party on behalf of a client, i.e., rent, electricity, oil. Such payments should not be confused with the requirements for an agent in that no funds are administered by the third party on behalf of the applicant.