The provincial Community Services Department can exceed regulated income assistance amounts in the case of a Halifax woman who needs to pay for an apartment that doesn't compromise her health, Nova Scotia's top court has ruled.

The ruling, which overturned an earlier court decision, directs the Department of Community Services to exceed the amount of funding for housing contained in its regulations when a person's health and safety require it.

Anti-poverty advocates are thrilled with the decision.

"We are very pleased with this decision. We think it could really help people in this province," said Fiona Traynor, a community legal worker at Dalhousie Legal Aid. "We're hopeful."

The case revolves around a woman who the court ruled can only be identified as G.R. She lives in Halifax on income assistance from the Department of Community Services.

Chemical sensitivity

G.R. has a health condition that makes her seriously ill if she breathes in or comes into contact with chemicals commonly found in many older apartment buildings. Some examples of those chemicals are found in paint, cigarette smoke and carpeting.

In November 2015, G.R. began to receive a shelter allowance of $535 from the department as well as a personal allowance of $275.

In early 2016, she was able to find an apartment that did not make her ill, but it cost $850 per month. G.R. applied for extra assistance to be able to keep the apartment, and was initially denied.

"The department made the decision based on their shelter rates that there's the limit and that's it, and they weren't willing to go above that," said Traynor, who helped G.R. during the legal battle which followed.

G.R. and Dalhousie Legal Aid appealed that decision to the Assistance Appeal Board, which granted G.R. the $850-per month funding. The department countered by taking G.R. to Nova Scotia Supreme Court, which quashed the decision.

Finally, G.R. appealed to the Nova Scotia Court of Appeal, which issued its decision in G.R.'s favour on Friday.

Homeless for many months

"For her personally, it just means that she can keep her home. She was homeless for many, many months before she was able to find appropriate housing," said Claire McNeil, G.R.'s lawyer.

G.R. was forced to live in her car for some time before finding a home that didn't make her ill.

"Those times are kind of haunting for her, and that was kind of looming over her head these last months while she waited for this decision," McNeil said.

McNeil noted the shelter allowance of up to $535 for a single person hasn't changed since 2001.

That is inadequate for reasonable housing, she and Traynor say.

"I am mindful that the [Department of Community Services] has budgetary concerns and that social assistance funding is not unlimited," wrote Justice Elizabeth Van den Eynden in a unanimous decision from a panel that included two other judges.

Van den Eynden accepted the argument that additional assistance could be given when there is "a major health concern and a long-term risk to health."

Over the limits

Traynor said this decision sends a message to the Department of Community Services.

"What it says is that the department can override the limits, the regulatory limits," Traynor said.

"Not for everybody, and not unlimited. But when a person's health or safety is in jeopardy, then the department now has been told by the Court of Appeal that they can increase people's allowances under this program. So it's an important decision."

McNeil said the department has an obligation to answer to the ruling of the court, but that she does have concerns about how quickly it will do so.

A spokesperson for the Department of Community Services said in a statement the department isn't able to comment on individual cases, but respects the Court of Appeal's decision.

"Staff and legal counsel are currently in the process of reviewing the details of the decision to understand what it means for the department and to determine the way forward," the statement said.