Nova Scotia Court of Appeal: Tents as Accommodation Eligible for Enhanced Benefits

• A Nova Scotia Court of Appeal ruling deemed a tent as a form of 'accommodation,' making individuals living in tents eligible for a higher tier of benefits.
• The decision affects anyone living in a tent in Nova Scotia and receiving income assistance, who should be entitled to the enhanced rate of assistance.
• Lawyers representing clients with similar situations are reclassifying their clients for the higher rate of assistance.

anyone who's in the same or similar position – that is to say, living in a tent in Nova Scotia and in receipt or eligible for income assistance – ought to be treated the same way in the sense of being entitled to what's referred to as the 'enhanced rate of assistance'

A recent Nova Scotia Court of Appeal ruling has significant implications for individuals living in tents and receiving income assistance. The court deemed a tent as a form of 'accommodation,' making the plaintiff, Bradley Lowe, eligible for a higher tier of benefits. This decision is not limited to Lowe's individual case but will likely affect other claimants who are living in similar circumstances. According to Vince Calderhead, one of the lawyers representing Lowe and his estate, anyone living in a tent in Nova Scotia and receiving income assistance should be entitled to the enhanced rate of assistance. The ruling has sparked interest among lawyers representing clients with similar situations, with some already reclassifying their clients for the higher rate of assistance.

The case dates back to 2023 when Lowe applied for financial assistance under Nova Scotia's Employment Support and Income Assistance Act. The law sets out three tiers of income assistance, each offering a different amount of financial benefits. Lowe initially received the lowest tier, 'essentials,' but later applied for the enhanced rate, which is reserved for applicants who rent or own their accommodations and meet specific criteria. However, his application was rejected due to the caseworker's determination that he did not meet the accommodations requirement because he was unhoused. The appeal board upheld this decision, but the Nova Scotia Court of Appeal partially overturned it, concluding that Lowe's tent met the definition of 'accommodation' and making him eligible for the enhanced rate.

The implications of this ruling extend beyond Lowe's individual case. As Calderhead notes, anyone living in a tent in Nova Scotia and receiving income assistance should be entitled to the enhanced rate of assistance. This decision has significant practical and legal implications for lawyers representing clients with similar situations. The Department of Opportunities and Social Development is reviewing the ruling, but it remains unclear how this will impact future applications and appeals. Nevertheless, this ruling highlights the need for a more nuanced understanding of what constitutes 'accommodation' in the context of income assistance.

Lawyers representing clients living in tents in Nova Scotia may now need to reclassify their clients for the enhanced rate of income assistance, following a recent court ruling that deemed a tent as a form of accommodation.

Source: Original reporting via Halifax man’s tent is a form of ‘accommodation,’ making him eligible for higher benefits: NS court