You may be worried about whether you can still receive Assured Income for the Severely Handicapped (AISH) benefits if you receive a personal injury settlement. You can continue receiving AISH if you receive a personal injury settlement, as long as you continue to meet the eligibility requirements for AISH. For more specific information for your case, we highly recommend that you contact our team of Accident Injury Lawyers to answer any questions you may have.
Financial Eligibility for AISH
In accordance with the Assured Income for the Severely Handicapped Act and the Regulations, the value of all your assets and the assets of your cohabiting partner, cannot be more than $100,000, or in the case of eligibility for a personal benefit, no more than $5,000. Subject to the Regulations, you need to notify a Director of AISH of an increase in your assets.
You may choose to structure part or all of your settlement and continue to receive AISH Benefits. Structuring part of your settlement may allow you to receive funds for more immediate expenses while receiving structured payments on a scheduled basis over a set number of years. The structured settlement is not an asset that affects AISH eligibility because your only right to the structured settlement is to receive the scheduled payments.
For more information on structured settlements, refer to our blog about how structured settlements impact your personal injury case. Structured payments are not considered when determining entitlement to AISH Benefits. Remember that once you choose to structure part or all your settlement, the structured amount typically cannot be changed, even if you later realize your assets exceed $100,000 and that your AISH eligibly may be impacted.
Your assets may also impact your partner’s eligibility for AISH. Be sure you understand your options for structuring your settlement. The settlement can be structured to meet your individual needs. You may structure your settlement to receive more funds later in life, if you foresee your health expenses increasing. There are many options for structuring your settlement and it is important that you understand how your settlement will affect your AISH benefits so that you can make an informed decision.
Speak with an Accident Injury Lawyer
Be sure you understand your options and the impact your settlement may have on your eligibility for AISH. You may be worried about bringing a lawsuit for a personal injury you have sustained, in fear of losing your AISH allowance and benefits. Remember that in most cases, your entitlement to AISH can be preserved. Speak with one of our experienced Accident Injury Lawyers today.
There are limitation laws in Alberta that specify the time that you have to sue. In Alberta, typically you have two years from the date of the accident to file a Statement of Claim, or your claim will be statute-barred, in other words, prohibited by law. Different limitation dates for filing a Statement of Claim apply to minors. Remember that once a Statement of Claim is filed, it needs to be served on the Defendants.
Don’t wait until a few months or days before the limitation date to decide if you will pursue a claim. Get legal advice as soon as possible after the accident so that you understand your options and your legal rights. Consultations with James H. Brown and Associates are always free.
The criteria for AISH eligibility may change. Refer to the Assured Income for the Severely Handicapped Act and the most up to date Regulations. For more information on AISH eligibility, benefits and exemptions, refer to https://www.alberta.ca/aish.aspx, or contact an AISH office near you. Support is available for you and your loved ones.