Heterosexism in Income Support Policies in Newfoundland and Labrador

by Leslie Bella, March 2000

This document identifies heterosexism in the social assistance policies of the government of Newfoundland and Labrador. These policies are contained in documents at three levels, all of which have been reviewed in preparing this document. They are:

  1. The Social Assistance Act (RSM 1990, Chapter S-17, amended in 1993 c46 s6, 1993 c53 s28 and 1994 c28, s25 and printed in 1996
  2. The Social Assistance Regulations, as amended in 1996, 1997 and 1999.
  3. The Income Support Policies and Procedures Manual of the Department of Human Resources and Employment, as variously amended.

Each of these documents contain definitions and sets out policies under which social assistance will be granted or not granted. The Act sets out general policies and definitions. The regulations also spell out the levels of assistance under various circumstances, and the policies and procedures manual provides specific guidance to individual workers. The latter spells out both provincial policies and the policies of federal agencies, such as pension and unemployment insurance programs, which must be considered when the province grants social assistance.

  1. The definitions in Social Assistance Act presently in place are NOT heterosexist in language. "Family" is defined without reference to the gender or sexual orientation of family members. A "parent" includes a mother, father, stepmother, stepfather, adoptive mother or adoptive father. Thus, a same sex couple in which the natural child of one has been adopted by the other is recognized as a "parent". The legislation is broad, and permits the making of "regulations" across a broad range of matters.
  2. The regulations contain only one instance of heterosexism, in the reference to a husband’s death (in the case of a widow) or a wife’s death (in the case of a widower).
  3. However, the policies and procedures actually used by Financial Assistance Officers to grant assistance are seriously heterosexist. Definitions of "couple", "family", and "spouse" all make explicit reference to opposite sex partnerships. Same sex couples are explicitly instructed to apply as two single people, and instructed that their files will be separately maintained. Appendix A (below) lists the heterosexist definitions in the policy and procedure manual, and also comments that although an inclusive definition of parent is included the Act, this is not reflected in the policy manual.

I have identified in Appendix A (below) eleven instances where heterosexist definitions result in unequal treatment of same sex couples compared with that accorded to heterosexual couples. Some of these instances actually result in same sex couples qualifying for more assistance than heterosexual couples (e.g. Entitlement to apply as two family units as opposed to requirement to apply as one family unit). Application of existing heterosexual standards to same sex couples could result in the extension of the infamous "man in the house" rule to same sex couples. The state would return to our bedrooms. However, other instances of heterosexism penalize same sex couples (e.g.. Lack of recognition of a same sex parent as a non-custodial parent). Thus, "equality" will bring both losses and gains for social assistance recipients in same sex relationships.

The federal government is proposing an omnibus bill to remedy heterosexism in federal law. The province government of Newfoundland and Labrador will probably follow suit. However, the analysis in this document suggests an omnibus bill to change legislation will not necessarily change the heterosexism in social assistance regulations. The Social Assistance Act and its regulations are already largely non-heterosexist in language and intent, in direct contrast to the policy and procedure manual used daily by Financial Assistance Officers.

We encourage you to review these social assistance policies, so that a coherent position may be presented to government. Therefore, we have shared this document with NGALE (Newfoundland Gays and Lesbians for Equality), and at their suggestion will include the document in our next web site newsletter and encourage its discussion on our web-conference. After discussion and feedback, we expect that a formal submission will be made to government.

Heterosexism in Income Support Policies in Newfoundland and Labrador

Appendix A
Selected Income Support Policy and Procedures Affected by Heterosexist Definitions

  1. The social assistance application form requires that adults be identified as A1 and A2, and regulations require that A1 and A2 always be of opposite sexes. Adults of the same sex sharing living quarters must complete separate applications and will have separate files. Same sex relationships are thus ignored in social assistance policies and procedures.(1996-04-01, 9300, p. 9)
  2. Income from Board and Lodging from a "relative" is not considered when determining social assistance.(p.1), with relative defined as "son, daughter, parent, grandparent." Since same sex relationships are not recognized, board and lodging from your same sex partner’s child or parent would be considered income. (1999-07-01, 3130, p. 1)
  3. In the case of a child tax benefit "each spouse" must file and income tax return every year, even if she/he has no income to declare. Because of the definition of "spouse", the same sex partner of an applicant would not have to submit an income tax return in order for the applicant to qualify for the child tax benefit.(1999-08-01, 3135, p. 1)
  4. The Child Tax Benefit is awarded based on the number of children in a family. A heterosexual couple with two children would receive $284.16 a month. A same sex couple, each of who had given birth to one child, would have to apply as two individual families and receive 2 x $150.41 or $300.82. (1999-08-01, 3135, p. 2)
  5. Allowable income for which an exemption can be deducted when calculating eligibility for social assistance include "the salary and wages of the client and/or spouse". Because of the definition of spouse as exclusively heterosexual, applicants in a same sex relationship do not have to report their partner’s salary and wages. (1999-06-01, 3145, p. 1).
  6. A heterosexual couple with or without dependent children can make $150 a month without this being deducted from their income. A same sex couple without children would have two apply as two adults, each being allowed to make $75 a month without deduction, which would work out the same. However, a same sex couple, each with a child, could apply as two families and make $300 a month before losing social assistance.(1999-06-01, 3150, p 8)
  7. Because "parent" is undefined in the policy and procedure manual, a same sex partner can not be recognized as a non-custodial parent needing help to rent an apartment so that their child can visit, or for transportation help for children to travel from one parent to the other. (1999-08-01, 3420, p. 3)
  8. Under the policy and procedure manual both spouses can be included in social assistance payments for 30 days after one spouse has left home in search of employment. Because of the heterosexual definition of "spouse", same sex couples would not receive assistance as a couple, or be eligible for this support for mobility. (1999-08-01, 3560, p. 1)
  9. Same sex couples would be included in the policy and procedure manual as "two or more adults/families sharing accommodation", and each adult would be considered as an independent adult in applying for assistance.(1999-11-01, 3400, p. 1) The financial resources of the other partner in a shared living arrangement "is not to be considered when determining eligibility for social assistance". One the other hand, opposite sex couples are assumed under the regulations to be family and to be a single economic unit required to file a joint application for assistance.(1999-08-01, 4050, p. 2). In addition, both members of the same sex couple "sharing accommodation" would be entitled to the full fuel allowance. The family status of a heterosexual couple is very significant to their eligibility for assistance, for if they do not report that they are cohabiting (including both members’ income in their report) they can be declared as having an "undeclared family unit relationship" which can result in suspension of social assistance, requirement to pay back assistance, and even in some instances prosecution (1999 - 11-01, 3400, p. 1-2.) On the other hand, same sex couples that decide to live together run no such risk under the current policy and procedure manual.
  10. A single adult living with the same sex partner of their birth parent (and therefore with a person they consider to be a parent) would be classified in the policy and procedure manual as living with a non-relative, and entitled to a higher board and lodging payment than a single adult living with a person defined in the regulations as living with a relative ($12.72 versus $8.09).(1999-08-01, 4100, p. 1 and Appendix B.1)
  11. The Policy and Procedure Manual includes a regulations from other government agencies which affect the granting of provincial social assistance (e.g. NLHC, Unemployment Insurance, Canada Pension). The manual therefore includes information on old age benefits are presently available to spouses and widows from the federal government, but not now available to those in same sex relationships. The spouse aged 60 - 64 of an Old Age Security Pensioner may be entitled to a spouse’s allowance, depending on income and residence. A widow, including a person 60 - 64 who has lived common law for at least a year and whose spouse is deceased, may be entitled to a widowed spouse’s alliance. In both bases the definition of spouse as heterosexual excludes those in same sex relationships. (1999-04-01, 3640, p. 1). This federal policy will change under Bill C-23, and require a concomitant change in the provincial policy and procedures manual.


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