Income support refers to the temporary financial benefits provided by Alberta Employment & Immigration (AE&I) (formerly Alberta Employment, Immigration and Industry). Income support is also known as social
assistance or welfare and was previously called Supports for Independence or
SFI.
If a person is receiving income support, the government has all the rights
to the mainenance of that person (the creditor) and/or the person's dependent
children. AE&I staff assist income support clients to obtain child maintenance
agreements or orders. AE&I will also register the maintenance agreements and
orders with the Maintenance Enforcement Program (MEP).
Once an agreement or order is registered with MEP, the person who must pay
maintenance (the debtor) pays MEP. MEP then forwards the payments to the government
as long as the creditor is on income support. MEP staff will monitor and enforce
the maintenance payments.
By law, the right to maintenance belongs to the government for as long as
the creditor is receiving income support. The debtor and the creditor cannot
agree to reduce or give up any maintenance payments due during that time. The
debtor also should not pay maintenance directly to the creditor without the
consent of both AE&I and MEP. By paying money directly to the creditor while
the maintenance file is registered with MEP, the debtor risks having to make
the payment twice.
How payments are calculated when the government has the right to maintenance
The government has all the rights to a creditor's maintenance and/or the maintenance
of the creditor's dependants when a creditor receives income support.
During that time, MEP forwards all maintenance payments received from the
debtor to the government. A court order or agreement sets the maintenance amount.
- If the maintenance amount is lower than income support benefits,
the debtor owes the government the amount of maintenance.
- If the maintenance amount is higher than income support benefits, then
the debtor owes the government the amount that was paid out in income support.
The difference is forwarded directly to the creditor when it is collected.
The government has the right to monthly maintenance for the entire time the
creditor is receiving income support. If the maintenance payments are not actually
paid by the debtor, they continue to add up as arrears. The debtor is still
required to pay these arrears, even if the creditor stops receiving income
support. The creditor cannot agree to reduce or give up arrears owing to the
government.
When the creditor stops receiving income support, the creditor should notify
MEP immediately. MEP will then confirm with AE&I that the creditor no longer
receives income support and send the future maintenance payments directly to
the creditor.