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BERMUDA

FINANCIAL ASSISTANCE REGULATIONS 2004

BR 33 / 2004

1 These Regulations may be cited as the Financial Assistance Regulations 2004 and shall come into operation on the first day of July 2004.

2. Interpretation

(1) In these regulations—

“allowable expense” has the meaning given in paragraph (2);

“assets” means—

(a) any interest in real property; and

(b) any interest in valuable personal property (including, but not limited to, jewellery, art, motor vehicles, boats, inventory or machinery), if the Director determines that it is reasonable for a person to sell the property in order to meet his financial needs;

“excluded income” means income from any of the following sources—

(a) pension and other benefits to an amount not exceeding $800 per calendar month payable under the Contributory Pensions Act 1970 and the Public Service Superannuation Act 1981 other than pensions and benefits payable to persons who are in residential care homes;

(b) in relation to persons registered as foster parents under the Children Act 1998, fees payable in respect of the care and maintenance of foster children;

(c) in relation to students in full-time education who do not exceed 25 years of age, their holiday employment and part-time employment;

(d) in relation to persons resident in a psychiatric facility, earnings to an amount not exceeding $500 per calendar month;

(e) in relation to persons resident in sheltered accommodation, earnings to an amount not exceeding $500 per calendar month;

(f) in relation to persons suffering from mental disorder who are resident in private residential accommodation, earnings to an amount not exceeding $500 per calendar month;

(g) a donation or financial gift approved by the Director for other expenses which are not included for the purposes of an award or subsequent award;

(h) in relation to an order by the court for child support payments, 50% of the child support payment, not to exceed a maximum total of $5,000 in any given period whilst receiving an award or subsequent award;

(i) in relation to a recipient, 50% of earnings not to exceed $5,000 whilst receiving an award or subsequent award;

FINANCIAL ASSISTANCE REGULATIONS 2004

“household”[Revoked by 2023 : 29 s. 6]

“investments” includes money held on deposit, shares and stock in the share capital of a company, units in collective investment schemes and interest in real property;

“pensioner” means any person who has been awarded and is being paid a pension”;

“qualifying household income” means the aggregate income of the household from all sources (including profits from any business venture) other than excluded income;

“qualifying income”, in relation to a person, means his aggregate income from all sources (including profits from any business venture) other than excluded income.

(2) For the purposes of these Regulations, an expense is an allowable expense if it falls within the class of items of expenditure that is set out in column 1 of the table in the Schedule and is of such description, within such parameters, and at such rate, as are respectively specified opposite an item of expenditure in columns 2, 3 and 4 therein. [Definition of “pensioner” inserted by BR 74/2004 effective 1 January 2005 on the authority of section 11(d) of the Computerization and Revision of Laws Act 1989; Regulation 2(1) amended by BR 20/2008 effective 1 April 2008; "assets" and "qualifying income" inserted, and "excluded income" amended by BR 17 / 2011 reg. 2 effective 1 April 2011; Regulation 2 paragraph (1) definitions "excluded income" amended, and "household" revoked by 2023 : 29 s. 6 effective 1 April 2024; Regulation 2 paragraph (1) definition "excluded income" amended by BR 75 / 2025 reg. 2 effective 1 February 2026]

3. Criteria for eligibility for awards or subsequent awards

(1) A person is eligible for an award or subsequent award if in respect of any period for which he is claiming financial assistance—

(a) the amount of allowable expenses of his household exceeds the amount of qualifying household income of the household for that period; and

(b) the value of investments and assets (whether located in Bermuda or elsewhere) owned by the household does not exceed $5,000.

(2) The amount of the award or subsequent award for which a person is eligible under paragraph (1) (a) shall be determined in accordance with the following formula— E-I=A where— E is the allowable expense; I is the qualifying household income; and A is the amount of the award or subsequent award.

(3) Where an applicant or a member of his household transfers any interest in real property within a period of five years ending with the date of application for an award

FINANCIAL ASSISTANCE REGULATIONS 2004

or subsequent award, such transfer shall be treated as having been made for the purposes of eligibility if—

(a) the transferor did not receive any consideration for the transfer; or

(b) the Director considers that the consideration received for the transfer was inadequate because it did not represent the fair market value for the property; and accordingly, the applicant shall not be treated as eligible for an award or subsequent award.

(4) Eligibility for an award for rent shall be determined by the Director in accordance with the size of the accommodation required to house the number of persons in the family of the person receiving the award.

(4A) Eligibility for a subsequent award for room allowance shall be determined by the Director in accordance with the Schedule.

(5) Where, contrary to the Director’s determination under paragraph (4), a person chooses accommodation the rental of which is in excess of his family requirements, the person shall be responsible for the payment of the amount in excess of the award for rent determined as applicable for the housing of such person’s family. [Regulations 3 amended by BR 74/2004 effective 1 January 2005; amended by BR 17 / 2011 reg. 3 effective 1 April 2011; paragraphs (4) and (5) inserted by BR 58 / 2013 reg. 2 effective 1 October 2013; Regulation 3 amended by 2023 : 20 s.17 effective 1 April 2023; Regulation 3 paragraph(1)(b) amended by 2023 : 29 s.6 effective 1 April 2024]

3A. Special category persons

(1) The criteria for eligibility specified in regulation 3(1) shall not apply to the following persons—

(a) pensioners;

(b) persons who are 65 years of age and over;

(c) disabled persons;

(d) persons aged 55 years and over who rent a room in a residence where they are not a family member; and

(e) persons aged 18 to 21 years who were foster children under the Children Act 1988 and who continue to reside in the household of a former foster parent; but the criteria set out in paragraph (2) shall apply.

(2) A person mentioned in paragraph (1) is eligible for an award if in respect of any period for which he is claiming financial assistance—

(a) the amount of his allowable expenses exceeds his qualifying income for that period; and

FINANCIAL ASSISTANCE REGULATIONS 2004

(b) the value of investments and assets owned by the person (whether located in Bermuda or elsewhere) does not exceed $5,000.

(2A) In a case where a disabled person or a person who is 65 years or over holds any interest in real property (whether located in Bermuda or elsewhere), the value of that interest (or those interests, where more than one) shall not be included in calculating the value of his assets and investments for the purposes of paragraph (2)(b).

(2B) Notwithstanding paragraphs (1) and (2A), a person who is 65 years or over who holds more than one interest in real property (whether located in Bermuda or elsewhere), shall not be eligible for an award.

(3) The amount of the award for which a person is eligible under this regulation shall be determined in accordance with the formula set out in regulation 3(2), except that the words “a person’s qualifying income” shall be substituted for the words “qualifying household income”. [Regulation 3A inserted by BR 74/2004 effective 1 January 2005; Regulation 3A(1) amended by BR 20/2008 effective 1 April 2008; Regulation 3A paragraph (2) deleted and substituted by BR 17 / 2011 reg. 4 effective 1 April 2011; Regulation 3A paragraph (2A) inserted by BR 17 / 2012 reg. 2 effective 1 April 2012; paragraph (2A) amended by BR 89 / 2012 reg. 2 effective 14 December 2012; paragraph

(2B) inserted by BR 58 / 2013 reg. 3 effective 26 June 2013; Regulation 3A paragraph (2)(b) amended by 2023 : 29 s.6 effective 1 April 2024]

4. Application for award or subsequent award

(1) Every application shall be made in writing on a form approved by the Director, or in such other manner, being in writing, as the Director may accept as sufficient in the circumstances of any particular case and shall be delivered or sent to the office of the Director.

(2) An application shall be accompanied with an authorisation given to the Director by the applicant authorising the Director to approach the landlord, bank, employer, medical, dental or other healthcare practitioner or treatment facility provider or other person in order to verify any documents, statements or information.

(3) Where the applicant is a disabled person who is unable to make the application in person, the application may be made by a person authorised to act on his behalf.

(3A) Where an applicant is a disabled person the application must include a medical opinion as provided in section 7A(1) of the Act.

(4) The Director shall supply forms of application without charge. [Regulation 4 paragraph (2) amended by BR 17 / 2011 reg. 5 effective 1 April 2011; Regulation 4 amended by 2023 : 20 s.17 effective 1 April 2023; Regulation 4 paragraph (3A) inserted by 2023 : 29 s. 6 effective 1 April 2024]

4A. Requirements before award or subsequent award may commence

(1) Payment of an award of financial assistance shall not commence until the applicant has been living in Bermuda for at least one year.

FINANCIAL ASSISTANCE REGULATIONS 2004

(2) If an application is made due to the termination of an applicant’s employment, payment of an award of financial assistance shall not commence until three months after the date of termination.

(3) In paragraph (2), “termination” of an applicant’s employment means—

(a) termination for cause; or

(b) resignation, but does not include termination due to circumstances which are the basis of a complaint brought by the applicant under the Human Rights Act 1981.

(4) If an application is made due to the termination of an applicant’s employment for reasons of redundancy, and the applicant receives a redundancy payment, payment of an award of financial assistance shall not commence until the end of the period which is determined by the Director as a reasonable period for him to meet all of his financial needs from that redundancy payment.

(5) Where the applicant is a single, separated or divorced parent with one or more dependent children, the application must indicate what steps have been taken to apply to the court for an order in relation to the dependent children under whichever one or more of the following enactments apply—

(a) Part IVB of the Children Act 1998 (order for support);

(b) Part IV of the Matrimonial Causes Act 1974 (financial provision for child of family);

(c) section 3(1)(g) of the Matrimonial Proceedings (Magistrates’ Courts) Act

1974 (maintenance of a child of the family);

(d) section 12(2) of the Minors Act 1950 (maintenance of a minor);

(e) sections 2 and 3 of the Maintenance Orders (Reciprocal Enforcement) Act

1974 (transmission of maintenance orders and provisional maintenance orders), and the applicant shall take such further steps as the Director may require before an award of financial assistance may commence. [Regulation 4A inserted by BR 17 / 2011 reg. 6 effective 1 April 2011; para. (5) inserted by BR 41 /

2015 reg. 2 effective 1 July 2015; Regulation 4A amended by 2023 : 20 s.17 effective 1 April 2023]

Death of applicant

5 An application shall be treated as having lapsed if an applicant has died before any determination in respect of an award or subsequent award has been made.

[Regulation 5 amended by 2023 : 20 s.17 effective 1 April 2023]

6. Payment of award

(1) Payment of an award shall be made in such manner and shall commence at such dates as the Director in any particular case may determine.

FINANCIAL ASSISTANCE REGULATIONS 2004

(2) Where a recipient ceases to be eligible for an award or where the right to an award is extinguished, and a new application is made by another person residing at the premises who is eligible for an award, the award to that person commences from the first day following the day in which the recipient ceases to be eligible or as the case may be, the right to an award is extinguished.

6A. Duration and amount of award to able-bodied recipient

(1) Payment of an award to an able-bodied recipient shall be limited to a maximum period of seven years, whether that period is—

(a) continuous; or

(b) an aggregate period made up of two or more awards.

(2) [revoked]

(3) This regulation shall be deemed to have come into effect on 1 April 2016. [Regulation 6A inserted by BR 41 / 2015 reg. 3 effective 1 July 2015; paragraph (3) inserted by BR

54 / 2016 reg. 2 effective 1 April 2016; paragraph (2) revoked by BR 22 / 2017 reg. 2 effective 30 March 2017; Regulation 6A paragraph (1) amended by 2021 : 35 s. 2 effective 31 March 2021]

6B. Payment, duration and amount of subsequent award to able-bodied recipient

(1) Payment of a subsequent award shall be made in such manner as the Director may determine and shall commence on 1 April following the extinguishment of the award payable under regulations 6 and 6A.

(2) Payment of a subsequent award to an able-bodied person shall—

(a) be paid only with respect to—

(i) a room allowance;

(ii) food allowance; and

(iii) health insurance, as provided for in the Table of Allowable Expenses in the Schedule;

(b) subject to regulation 8, be paid for such period of time as may be determined by the Director based on the circumstances of the recipient.

(3) Where there is a period of time between the extinguishment of the award payable under regulations 6 and 6A and before the commencement of the subsequent award, the recipient shall continue to be paid the award as provided under regulations 6 and 6A until 1 April, at which time the recipient shall be paid the subsequent award.

[Regulation 6B inserted by 2023 : 20 s.17 effective 1 April 2023]

7. Person unable to act

(1) Where an applicant or a recipient is or becomes unable for the time being to act the Director may, upon written application being made by the applicant or recipient,

FINANCIAL ASSISTANCE REGULATIONS 2004

accept any responsible person appointed by the applicant or the recipient to act on his behalf.

(2) An applicant or a recipient may at any time revoke any appointment made under paragraph (1) and the person appointed under paragraph (1) may, on giving the applicant or the recipient notice in writing of his intention so to do, terminate his appointment.

Cancellation or suspension of award or subsequent award

8 The Director may cancel or suspend an award or subsequent award where—

(a) the recipient ceases to be eligible for an award or subsequent award under the Act or these Regulations;

(b) the recipient fails to provide the Director with the information required to enable him to determine his eligibility for an award, his eligibility for a subsequent award or the amount of an award or subsequent award;

(c) in respect of housing assistance—

(i) the recipient ceases to reside at the premises; or

(ii) the premises that are the subject of a separate letting are in the opinion of the Director not fit for human habitation;

(d) the recipient fails to comply with the conditions of the award or subsequent award. [Regulation 8 amended by 2023 : 20 s.17 effective 1 April 2023; Regulation 8 paragraph (d) inserted by 2023 : 29 s. 6 effective 1 April 2024]

9. Investigation

(1) The Director shall—

(a) investigate and verify any statements made in an application; or

(b) investigate and examine the circumstances of an applicant or recipient in relation to his eligibility for an award, his eligibility for a subsequent award or for the amount of an award or subsequent award.

(2) In order to investigate and verify statements of a medical nature relating to an application by a person who has been in receipt of an award or subsequent award for a period in excess of three months, the Director may refer the applicant’s case to a registered medical practitioner, or a doctor nominated by a registered medical practitioner, for review. [Regulation 9 para. (2) inserted by BR 41 / 2015 reg. 4 effective 1 July 2015; Regulation 9 para (2) amended by 2018 : 66 s.2 effective 10 January 2019; Regulation 9 amended by 2023 : 20 s.17 effective 1 April 2023]

FINANCIAL ASSISTANCE REGULATIONS 2004

10. Time and manner of commencing appeal to Board

(1) For the purpose of section 14 of the Act, the time for appealing a decision of the Director is 30 days from the day on which the Director’s decision is notified to the appellant.

(2) A request to the Board for a hearing shall be made by filing with the Board a notice of appeal.

11. Notice of appeal

(1) The notice of appeal shall be signed by or on behalf of the appellant and shall contain the following particulars—

(a) the appellant’s name;

(b) his address;

(c) the address, if different from that referred to in paragraph (b), to which applications, notices and other documents in connection with the appeal should be sent to the appellant;

(d) a statement of the decision or finding of the Director against which the appeal is made; and

(e) the grounds of appeal, which shall contain sufficient particulars to show why the appellant considers the decision appealed against was unlawful or was not justified by the evidence on which it was based.

(2) The appellant shall send a copy of the notice of appeal to the Director.

12. Notification of appeal and written submissions

(1) If the Director intends to file a written submission on the appeal, he shall file it with the Board within 21 days after receiving a copy of the notice of appeal.

(2) Where the Director files a written submission, he shall send a copy of it to the appellant.

13. Notice of hearing

(1) The Board shall send a notice of hearing to all parties within 30 days after the filing of the notice of appeal under regulation 10 (2) or the filing of a submission under regulation 12 (1), as the case may be.

(2) The notice of hearing shall set out the place, date and time of the hearing.

(3) The Board shall give the parties at least 10 days notice of the hearing.

14. Conduct of hearing

(1) The hearing of an appeal before the Board shall not be open to the public.

(2) The appellant shall present his case first on a hearing of an appeal.

FINANCIAL ASSISTANCE REGULATIONS 2004

(3) Unless the parties agree otherwise, a party who intends to produce written or documentary evidence or written submissions at a hearing shall provide copies of that evidence or those submissions to the other party and the Board at least 10 days before the hearing.

(4) The Board may, on the application of a party to the appeal or on its own motion, by direction given at the hearing or by notice in writing require the appellant, the Director or any other person, at a time and place stated in the notice, to attend and give evidence or produce any document in that person’s custody or under his control which relates to any matter in question at the hearing.

(5) The Board may require any witness to give evidence on oath or affirmation which may be administered for that purpose by the Board.

(6) Evidence may be admitted by the Board whether or not it is admissible in a court of law.

(7) The Board shall ensure that the evidence at a hearing of an appeal is recorded by notes taken by a member of the Board participating in the hearing or by a method from which an accurate transcript can be produced.

15. Decision of Board

(1) The Board shall deliver a written decision to the parties to an appeal within

15 days after it last receives evidence or submissions on the appeal.

(2) The Board’s decision shall include the principal findings of fact and its conclusions based on those findings.

(3) If an appellant withdraws a notice of appeal—

(a) the Board is not required to deliver a decision; and

(b) the withdrawal shall be deemed to be a final order.

Board’s power to determine its own procedure

16 Subject to the provisions of the Act and of these Regulations, the Board shall have power to determine its own procedure.

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SCHEDULE

(regulation 2(2))

TABLE OF ALLOWABLE EXPENSES

Item of Expenditure Description Parameter Maximum Rate Adult Day Care Certified program designed Cost per month $1,500 to provide care to elderly and disabled persons, outside of their residence Auditory Exam Hearing testing Cost per year $500 Auditory Equipment Hearing aids Once every five (5) $5,000 years based on two standard aids BELCO 1 - 2 persons Cost per month $175 BELCO 3 - 4 persons Cost per month $275 BELCO 5 or more persons Cost per month $380 Child Care After school/camps/ Cost per month $500 transportation. Must be a government-facilitated program (inclusive of after school and holiday camps) Clothing Undergarments and shoes Cost per year $100 only Dental Care As prescribed by a Cost per visit is 80% $1,500 registered dental of the cost after the practitioner. This does not insurance deductible include cosmetic and must not exceed procedures. two visits per year. The Department of Financial Assistance is not responsible for the co-pay. Disability Allowance Mental/Physical Cost per month $750 Disability Equipment As prescribed by a Cost per year $1,000 registered practitioner Disability Services As prescribed by a Cost per month $1,000 registered practitioner, can include one emotional support animal, transportation, telecommunications

FINANCIAL ASSISTANCE REGULATIONS 2004

Item of Expenditure Description Parameter Maximum Rate Eye Care Exam As prescribed by a Cost per year $200 registered practitioner Eye Care Supplies Frames/lenses Cost per year $350 Food As prescribed in accordance Cost at Government with the Ministry of Health nutrition rates - per department policy Food (Supplementary) As prescribed by a Cost at Government registered medical nutrition rates - per practitioner department policy Fuel Cooking gas only Cost not exceeding the rate for one cylinder per six months Funeral Expenses General fees for services At cost - must be an $4,000 rendered active recipient at the time of death Group Home Rates Special needs care for adults Cost per month for $3,000 (18 years or older) Residential Care Health Insurance Plan Health insurance for Cost per month as

(HIP) persons under the age of 65 prescribed by the years Department of Health, with recipients being responsible for their co-pay. The Department of Financial Assistance is not responsible for the co-pay. Health Insurance Health insurance for Cost per month as (Future Care) persons aged 65 years or prescribed by the older Department of Health, with recipients being responsible for their co-pay. The Department of Financial Assistance is not responsible for the co-pay. Home Care Providers Only registered practitioners Cost per month $2,000

FINANCIAL ASSISTANCE REGULATIONS 2004

Item of Expenditure Description Parameter Maximum Rate Internet A globally connected Cost per month - $110 network system facilitating does not include worldwide communication installation costs and access to data resources Laundry General fees to wash Cost per eligible $80 clothing and articles to individual in the promote good hygiene household per month Medical Supplies Disposable one-time use Cost per month $500 non-durable products Medical Equipment Aids used in diagnosis, Cost per year $6,000 treatment or monitoring of medical condition (includes breathing apparatus) Medical Overseas As referred by registered To be determined by $4,000 Travel medical practitioner and the Director insurance approved (includes airfare, accommodation, transportation, associated fees, and per diem for recipient only) Medication Approved distributor of At cost per month $8,000 medications - can include over the counter medications that have been prescribed by a medical practitioner. Does not include vitamins/ supplements and sexual enhancement drugs Mental Health Cost for intensive mental Cost per month (with $840 Outpatient Treatment health treatment by a a maximum of licensed and approved twenty-four (24) clinician (for up to twenty- sessions per year) four (24) sessions per year) Nursing Home Approved by Health Cost per month $6,000 Insurance Department

FINANCIAL ASSISTANCE REGULATIONS 2004

Item of Expenditure Description Parameter Maximum Rate Personal Care Personal care and health Cost per month $100 care goods and services (includes toiletries and grooming care) for individuals residing in a licensed nursing home or residential care home Podiatry Treatment of the foot, ankle Cost per year or $600 and some parts of the leg. maximum of 12 visits per year Public Transportation Includes bus, ferry or as Cost per month - Adults prescribed by the based on Government Government rates Public Transportation Includes bus, ferry or as Cost per month - Students/Children prescribed by the based on Government Government rates Rent - Studio Safe long-term Cost per month $1,400 accommodations Rent - 1 Bedroom Safe long-term Cost per month $1,800 accommodations Rent - 2 Bedroom Safe long-term Cost per month $2,200 accommodations Rent - 3 Bedroom Safe long-term Cost per month $2,800 accommodations Residential Mental All-inclusive cost for Cost per month $3,000 Health Treatment residential intensive mental Facility health treatment (for up to 3 months with the option for a

3 month extension upon re- evaluation and assessed need by a licensed clinician). Any further extensions will be determined by the results of the assessment by a licensed clinician. Rest Home Approved by Health Cost per month $5,000 Insurance Department Room and Board Safe long-term Cost per month $650 accommodations (includes food, electricity and water)

FINANCIAL ASSISTANCE REGULATIONS 2004

Item of Expenditure Description Parameter Maximum Rate Room Safe long-term Cost per month $550 accommodations School Supplies Cost per child per $100 academic year School Clothing As prescribed by Cost per child per $700 department policy - only academic year applies if all other resources have been exhausted Telephone A landline or a mobile device Cost per month $50 that is on a ‘top-up’ plan Transitional Living » Adult Rough Sleepers Cost per month » $250 Facilities shared » Adult Men and/or Women accommodat - Transitional Living ion (plus other living » Aged-out DCFS Foster expenses) Care Persons aged 18-24 » $550 single accommodat ion (plus other living expenses) Water Supply For household use only At cost $480 per (tank water) year or 1 load per quarter

FINANCIAL ASSISTANCE REGULATIONS 2004

Item of Expenditure Description Parameter Maximum Rate NOTES: » Based on government fiscal year 12 month cycle.

» All expenditures/payments shall be approved by an authorized person in the Department of Financial Assistance prior to services rendered or purchase transactions completed.

» Persons must be recipients of an award granted by the Director of the Department of Financial Assistance to qualify.

» Receipts must be submitted upon request.

» Reimbursements and arrears shall not be provided. [Schedule revoked and replaced by BR 44/2004 effective 1 July 2004; amended by BR 74/2004 effective 1 January 2005; revoked and replaced by BR 20/2008 effective 1 April 2008; “child day care” and “child day care arrears” deleted by 2008:38 s.18 effective 31 October 2008; Schedule revoked and replaced by BR 17 / 2011 reg. 7 effective 1 April 2011; Table deleted and substituted by BR 58 / 2013 reg. 4 effective 26 June 2013; revoked and replaced by BR 26 / 2014 reg. 2 effective 1 April 2014; Schedule revoked and replaced by BR 71 / 2023 reg. 2 effective 1 October 2023; Schedule amended by BR 127 / 2024 reg. 2 effective 1 February 2025; Schedule amended by BR 75 / 2025 reg.

3 effective 1 February 2026]

Made this 28th day of May, 2004

Minister of Health and Family Services

[Amended by: BR 44 / 2004 BR 74 / 2004 BR 20 / 2008

2008 : 38 BR 17 / 2011 BR 17 / 2012 BR 89 / 2012 BR 58 / 2013 BR 26 / 2014 BR 41 / 2015 BR 54 / 2016 BR 22 / 2017

2018 : 66

FINANCIAL ASSISTANCE REGULATIONS 2004

2021 : 35

2023 : 20 BR 71 / 2023

2023 : 29 BR 127 / 2024 BR 75 / 2025]