Regina Anti-Poverty Ministry files charter challenge against Sask. government's disability program

The Regina Anti-Poverty Ministry has filed a charter challenge against the Saskatchewan government for its Saskatchewan Assured Income for Disability (SAID) program, due to the way seniors on the program are forced to take out their Canada Pension Plan (CPP) money early.

"We believe and know that it's discriminatory to force people on the SAID program to take out early CPP," Peter Gilmer, an advocate with the anti-poverty ministry, said.

Gilmer referred to a 2020 Manitoba ruling, where the Court of Appeal held that a 65-year-old man with disabilities in receipt of income assistance had been discriminated against, contrary to section 15 of the Charter of Rights and Freedoms, when he was forced to apply early for his CPP when he turned 60.

"The Government of Manitoba filed to the Supreme Court of Canada and they refused to hear it. It has implications across the country," Gilmer said.

Gilmer said many of his organization's clients have been affected by this. Along with three impacted people, two of whom had their CPP cashed in early, the charity has filed the challenge in hopes of a policy change.

Gilmer said the impacted people do not receive "any greater benefits" thanks to their CPP money, as the amount received is "clawed back dollar for dollar from their SAID benefits."

"It has long term implications for post-65 as they have less income. Due to situational poverty in their early 60s and their disabilities, it means they're forced to live in deeper poverty for the rest of their lives. That's being deemed to be discriminatory."

In 1997, people were given the option to voluntarily draw from their CPPs at age 60, but Saskatchewan made it mandatory for those on income assistance. Gilmer said Saskatchewan and New Brunswick are the only provinces that are continuing this practice.

"For clients, it means a reduction of 36 to 48 per cent of their CPP income. People living in poverty before becoming seniors are pushed into deeper depths," he said. "The Manitoba ruling shows it is unconstitutional and must be struck down."

The Ministry of Social Services said that as of February, 36,353 households are on income assistance, with 18,493 on the SAID program.

The provincial government increased the monthly allowances for SAID and Saskatchewan Income Support (SIS) benefits by $30 per month each in its latest budget, but SAID recipients will continue paying for other expenses, such as utilities, said Finance Minister Donna Harpauer.

"Any increase we're able to make has to be affordable and sustainable going forward to the future," Gene Makowsky, minister of social services, told reporters after the budget announcement.

Gilmer said there haven't been any benefit increases to SAID in eight years, prior to this $30/month increase.

"But we have seen significant cuts to additional rental supports and a range of special needs, so life has become harder and harder for people with significant and enduring disabilities."

Many loopholes exist

Shaylee Rosnes, who is on SAID, knows how difficult it can be to deal with the government regarding the program.

Rosnes has cerebral palsy and ADHD, and said it takes at least 45 minutes for her to get dressed and head out the door every day.

Under the SAID policy, she gets $237 a month for personal expenses. She said the benefits should be increased with inflation.

There are loopholes in the program. The Rosnes family said she was mandated to take out a student loan as a full time student at University of Regina, even when federal and provincial grants, scholarships and bursaries could have covered her tuition. 

Soon, her SAID benefits were "clawed back" and the 25-year-old found herself in debt.

"It's tedious and stressful, and if my dad wouldn't be here doing the groundwork I wouldn't have been able to fight for myself, trying to change the policies," she said.

The family filed a human rights complaint against the Government of Saskatchewan and Ministry of Social Services, alleging "discrimination based on disability." The family reached an out-of-court settlement and cannot share the specifics.

"But within SAID policies as they are currently written, any portions of student loans that are not education-related are considered as income. Essentially, a regular benefit is being turned into a loan," Colin Rosnes, Shaylee's father, said.

Consequently, Shaylee has student loan debt of $46,000 which "essentially she shouldn't have had," but needs to be paid.

"Shaylee has fallen through the cracks of the system because she has had a physical disability since birth."

Need of a watchdog

Colin said SAID, a program for people with disabilities, is not accessible and often elicits social and general anxiety. He said he has read the rules a dozen times and they can be interpreted in myriad ways. 

"There is an imbalance with the labyrinth of information that is available. There are 221 pages of policy, 62 pages of regulations and an unknown number of internal procedures. These are all specifically written in the ministry's favour," he said.

He said even the government workers who deal with SAID recipients don't seem to understand all the rules.

For example, after their complaint Colin found that Shaylee was entitled to some benefits she never received under SAID. He said the policies are written to help the ministry close files or not pay benefits. 

The family has been through many appeals and bureaucratic processes over the last five years, from trying to find Shaylee an intellect and age appropriate living facility, to pushing the government to reimburse them for her furniture and school supplies.

In 2020, they had to fight for Shaylee when she received pandemic relief through the Canada Emergency Student Benefit. She could have earned annualized income of $6,000, and SAID was going to deduct dollar-for-dollar.

"Most people with disabilities don't have the ability or advocacy to ask for these rights," he said. "Over the last five years since she started school, Shaylee would have been out of $35,000 had we not advocated for her."

Colin said SAID should be a standalone program, as it was intended to be, and not under of the Ministry of Social Services. He said a watchdog should be established to keep checks on the program, as he is aware of other SAID recipients who are not paid benefits they are entitled to.

"They say at the bottom of their letters that they're out there to protect the province's most vulnerable, but they are not."