By Alric Lindsay
According to the Financial Assistance Act, 2022 (Commencement) Order, 2024, published in the Legislation Gazette dated October 1, 2024, the Financial Assistance Act, 2022 will come into force on October 10, 2024. As of this date, the Financial Assistance Act will repeal The Poor Persons (Relief) Act (1997 Revision), introduce a new procedure for financial assistance applications, and create a financial assistance appeals tribunal. The Needs Assessment Unit will also be renamed the Department of Financial Assistance.
What is “financial assistance”?
Under the Financial Assistance Regulations, 2023, which come into force immediately after the Financial Assistance Act 2022 comes into force, categories of financial assistance include expenses for electricity, water, propane gas, clothing, accommodation, burial assistance, food vouchers, pre-school assistance, internet, transportation and child related fees, medical travel expenses, dental expenses, and optical expenses which are not covered under a person’s health insurance contract. The maximums that may be awarded are set out in the Financial Assistance Regulations.
Who may make an application?
Concerning the persons who may apply for financial assistance, these are as follows:
(a) a Caymanian
(b) the spouse or civil partner of a Caymanian and (i) as at the date of the application, the person is living with the Caymanian and (ii) the person has lived with the Caymanian for a period of not less than five years immediately preceding the date of the application; or
(c) is a guardian of a dependant who is Caymanian.
Where a person is serving a sentence of imprisonment, the person may, within the period of three months before the end of that person’s term of imprisonment, apply for financial assistance.
In the above cases, the applicant must be resident in the Cayman Islands at the time that the person makes an application and for a period of at least eight months out of the twelve-month period preceding the date on which the application is made. However, this requirement may be waived in exceptional circumstances or where the applicant was absent from the Cayman Islands due to medical reasons.
Applicants may challenge financial assistance decisions
Where applicants are unhappy with the outcome of their applications, they may ask the Director of the Department of Financial Assistance to reconsider the decision in relation to the following:
(a) the amount of financial assistance
(b) the duration of the financial assistance
(c) the conditions attached to the financial assistance
(d) the refusal of an application for financial assistance
(e) the suspension of the financial assistance
(f) the revocation of the financial assistance
(g) the variation of the financial assistance or
(h) the recovery of money overpaid or improperly paid under a payment of financial assistance.
An applicant or a recipient who is aggrieved by a decision of the Director and who wants the Director to reconsider a decision must make an application within twenty-one working days after the date on which notice of the relevant decision is given to the applicant or the recipient.
The Director may refuse to reconsider a decision where the Director has already reconsidered that decision or a decision relating to substantially the same issue.
If the applicant is still not happy after receiving a refusal or other written decision from the Director regarding reconsideration of a decision, the applicant may apply to the Appeals Tribunal.
The Appeals Tribunal may:
(a) confirm, vary, amend, reverse or set aside the decision of the Director;
(b) make a decision which the Appeals Tribunal thinks ought to have been made; or
(c) make a further or other decision, in accordance with this Act, as the nature of the case requires.
Further information on new rules
Persons seeking financial assistance are encouraged to read the new rules coming into force on October 10, 2024:
Application procedures and eligibility:
https://www.gov.ky/publication-detail/financial-assistance-act-2022-lg41-s4
Type and amount of welfare payments:
https://www.gov.ky/publication-detail/financial-assistance-regulations,-2023,-(lg33,-s1)
https://www.gov.ky/publication-detail/financial-assistance-(amendment)-regulations,-2024-(lg32,-s2)
Appeals:
https://www.gov.ky/publication-detail/financial-assistance-(appeals)-regulations,-2023,-(lg33,-s2)
