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Difference between revisions of "Welfare Eligibility (21:III)"
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Welfare Eligibility (21:III) (view source)
Revision as of 04:47, 25 August 2023
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 1st, 2023}} | ||
{{LSLAP Manual TOC|expanded = welfare}} | {{LSLAP Manual TOC|expanded = welfare}} | ||
This section deals with eligibility for income assistance, PPMB assistance, and disability assistance, but not for hardship. Please see [[Hardship_Assistance_and_Welfare_(21:VI) | Section VI: Hardship]] for information on eligibility for hardship assistance. | This section deals with eligibility for income assistance, PPMB assistance, and disability assistance, but not for hardship. Please see [[Hardship_Assistance_and_Welfare_(21:VI) | Section VI: Hardship]] for information on eligibility for hardship assistance. | ||
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Applications may be filed online, by telephone, or in person. For more detail, see the Legal Aid BC publication How to Apply for Welfare (https://www.legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare). | Applications may be filed online, by telephone, or in person. For more detail, see the Legal Aid BC publication How to Apply for Welfare (https://www.legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare). | ||
'''Applicants who have an urgent need for food, shelter or urgent medical attention should ask the Ministry for an Immediate Needs Assessment when they first apply for welfare.''' This can | '''Applicants who have an urgent need for food, shelter or urgent medical attention should ask the Ministry for an Immediate Needs Assessment when they first apply for welfare.''' This is discussed in greater detail in '''Section III.J: Immediate Needs Assessment'''. Doing so can expedite your application. Without an immediate needs assessment, it may take over four weeks to receive any financial help from the Ministry. See the Ministry policy on Immediate Needs Assessments at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs?keyword=immediate&keyword=needs&keyword=assessment | ||
'''Applicants who are fleeing an abusive relationship with a spouse or other relative should inform the Ministry of this when they apply for welfare.''' They will be exempt from the work search requirement and should have their application expedited on a critical basis. See the relevant Ministry policy at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/case-administration/persons-fleeing-abuse?keyword=fleeing&keyword=abuse | '''Applicants who are fleeing an abusive relationship with a spouse or other relative should inform the Ministry of this when they apply for welfare.''' They will be exempt from the work search requirement and should have their application expedited on a critical basis. See the relevant Ministry policy at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/case-administration/persons-fleeing-abuse?keyword=fleeing&keyword=abuse | ||
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=== 1. Exempt Assets === | === 1. Exempt Assets === | ||
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section11 Sections 11(1) of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section10 s 10(1) of EAPWDR] should be reviewed in detail to see if any of a person’s assets are exempt, i.e., do not count toward their asset limit. | [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section11 Sections 11(1) of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section10 s 10(1) of EAPWDR] should be reviewed in detail to see if any of a person’s assets are exempt, i.e., do not count toward their asset limit. The [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/assets-and-exemptions BCEA Policy & Procedure Manual section on Asset Treatment & Exemptions] is a useful resource. | ||
'''Some key exempt assets are:''' | |||
* One-time payment for loss of GIS benefits | * One-time payment for loss of GIS benefits | ||
* Clothing and necessary household equipment | * Clothing and necessary household equipment | ||
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* A child tax benefit or GST credit under the Income Tax Act (Canada) | * A child tax benefit or GST credit under the Income Tax Act (Canada) | ||
* A BC early childhood tax benefit | * A BC early childhood tax benefit | ||
* A Canada rental housing benefit | |||
* A Canada dental benefit | |||
* A sales tax credit under the Income Tax Act (British Columbia) | * A sales tax credit under the Income Tax Act (British Columbia) | ||
* A registered disability savings plan or “RDSP” (see http://www.rdsp.com/ for more information) | * A registered disability savings plan or “RDSP” (see http://www.rdsp.com/ for more information) | ||
* An uncashed life insurance policy with a cash surrender value of $1 500 or less | * An uncashed life insurance policy with a cash surrender value of $1 500 or less | ||
* Business tools | * Business tools | ||
* | * Indigenous financial settlements, as defined in section 1(1) of the EAR and EAPDR | ||
* Tenant compensation | |||
'''Disability Trusts are Exempt Assets''' | '''Disability Trusts are Exempt Assets''' | ||
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Schedule B, section 1(a)(lx); and Schedule D, section 6(hhh) | Schedule B, section 1(a)(lx); and Schedule D, section 6(hhh) | ||
''' | '''Indigenous Financial Settlements are exempt as both income and as assets''' | ||
Before 2023 only specific settlements named in the legislation were exempt. Order in Council 218/2023 amends both the EAR and the EAPDR to exempt money paid under or from Indigenous financial settlements more generally. | |||
Indigenous Financial Settlements are defined as payments resulting from an order of a court, an award or order of a tribunal or arbitrator or a settlement agreement that meet the following conditions: | |||
1. The payments relate to one or more of the following: | |||
* Indigenous identity; | |||
* Indigenous rights and/or land claims; or | |||
* Obligations or breach of obligations to Indigenous Peoples; | |||
and | |||
2. The terms of the order, award or settlement agreement require the federal/provincial/territorial government or crown corporation to make the payment to an Indigenous governing body (an entity that is authorized to act on behalf of Indigenous Peoples) or to an individual who is a member of a class of persons on whose behalf the order, award or agreement is made. | |||
Examples of these payments include but are not limited to: | |||
* Indian Day School Settlements; | |||
* Indian Residential School Settlements; | |||
* Sixties Scoop Settlement Agreement; | |||
* Treaty No.8 Agricultural Benefits Settlement; and | |||
* Williams Treaties Settlement Agreement. | |||
Interest accrued on settlements held by an Indigenous governing body prior to distribution is also exempt. | |||
Source: EAR, s 11(1)( | Source: EAR, s 11(1)(ooo) and s 11(5); Schedule B, s 1(a)(lxv) and s 1(b.1); and Schedule D, s 6(mmm) and 6.1. See also EAPWDR, s 10(1)(nnn) and s 10(4); Schedule B, s 1(a)(lxviv) and s 1(b.1); and Schedule D, s 6(qqq) and s 6.1. | ||
Schedule B, s 1(a)( | |||
'''LGBT Purge Class Action Final Settlement Agreement is exempt as both income and as an asset''' | '''LGBT Purge Class Action Final Settlement Agreement is exempt as both income and as an asset''' | ||
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Recipients of income assistance, PPMB assistance, and disability assistance all have an earnings exemption. | Recipients of income assistance, PPMB assistance, and disability assistance all have an earnings exemption. | ||
As of January 1, 2015, the Ministry calculates exemptions for recipients of disability assistance yearly (i.e., annual earnings exemption). | The Ministry calculates exemptions for income assistance and PPMB assistance monthly. As of January 1, 2015, the Ministry calculates exemptions for recipients of disability assistance yearly (i.e., annual earnings exemption). | ||
The exemptions apply to all “earned income,” including wages from employment, money received from providing room and board at a person’s place of residence, or money received from renting rooms that are common to the person’s place of residence. | The exemptions apply to all “earned income,” including wages from employment, money received from providing room and board at a person’s place of residence, or money received from renting rooms that are common to the person’s place of residence. | ||
For recipients of disability assistance, “earned income” also includes WCB Temporary Wage Loss Replacement Payments issued under ss | For recipients of disability assistance, “earned income” also includes WCB Temporary Wage Loss Replacement Payments issued under ss 191 and 192 of the Workers Compensation Act. | ||
For recipients of income assistance and PPMB assistance, there is a one month waiting period to claim any earnings exemption. This means that a family unit cannot claim an earnings exemption for the first month in which they become eligible for income assistance or PPMB assistance but can claim an earnings exemption for any subsequent months. | For recipients of income assistance and PPMB assistance, there is a one month waiting period to claim any earnings exemption. This means that a family unit cannot claim an earnings exemption for the first month in which they become eligible for income assistance or PPMB assistance but can claim an earnings exemption for any subsequent months. | ||
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*A member of the family unit received income assistance or PPMB assistance in the month before the family unit became eligible for disability assistance. | *A member of the family unit received income assistance or PPMB assistance in the month before the family unit became eligible for disability assistance. | ||
Current earnings exemptions are as follows: | There will increases in the earnings exemptions for income assistance, PPMB assistance and disability assistance effective January 1, 2024, pursuant to Order in Council 402/2023. Current earnings exemptions, and earnings exemptions as of January 1, 2024, are as follows: | ||
*Family units, without children, receiving income assistance: $500/month | *Family units, without children, receiving income assistance: $500/month, increasing to $600/ month on January 1, 2024; | ||
*Family units receiving income assistance who have a dependant child or are caring for a supported child: $750/month | *Family units receiving income assistance who have a dependant child or are caring for a supported child: $750/month, increasing to $900/month on January 1, 2024. | ||
**'''Exception:''' a single parent of a dependent child or supported child who has a disability that prevents the parent from working more than 30 hours per week has an earnings exemption of $900/month while receiving income assistance | **'''Exception:''' a single parent of a dependent child or supported child who has a disability that prevents the parent from working more than 30 hours per week has an earnings exemption of $900/month while receiving income assistance (this will increase to $1080/month on January 1, 2024). | ||
*Family unit receiving PPMB assistance: $900/month | *Family unit receiving PPMB assistance: $900/month, increasing to $1080/month on January 1, 2024. | ||
*Family unit receiving disability assistance: | *Family unit receiving disability assistance: | ||
**$15,000 per calendar year for a single adult (or single parent) with the PWD designation; | **$15,000 per calendar year for a single adult (or single parent) with the PWD designation; this will increase to $16, 200 per year on January 1, 2024. | ||
**$18,000 per calendar year for a family unit with two adults where one adult has the PWD designation, and the other adult does not. | **$18,000 per calendar year for a family unit with two adults where one adult has the PWD designation, and the other adult does not. This will increase to $19, 400 per year on January 1, 2024. | ||
**$30,000 per calendar year for couples (and couples with children) where both adults have the PWD designation. | **$30,000 per calendar year for couples (and couples with children) where both adults have the PWD designation. This will increase to $32, 400 on January 1, 2024. | ||
: | If a child is under 19 and in school full-time, a family unit can keep the entirety of that child’s income without it affecting their benefits (although the child’s income must still be reported to the Ministry). If a child is under 19 and not in school full time, then any income the child earns counts toward the family unit’s earnings exemption. For more information on earnings exemptions, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb EAPWDR schedule B], s 3, and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb EAR, schedule B], s 3. '''Applicants must report all income to the Ministry, including earned income even if it is below a person’s earnings exemption.''' | ||
== E. Immigration Status Requirements == | == E. Immigration Status Requirements == | ||
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*Convention refugee; | *Convention refugee; | ||
*Person on a Temporary Resident Permit; | *Person on a Temporary Resident Permit; | ||
*Refugee claimant; or | *Refugee claimant; | ||
*Person in Canada under a temporary resident visa that was issued through an emergency authorization process for humanitarian reasons related to armed conflict (this category was introduced on July 1, 2023 when Canada was welcoming many people fleeing armed conflict in the Ukraine); or | |||
*Person under a removal order that cannot be executed. | *Person under a removal order that cannot be executed. | ||
The only | The only exception to these immigration status requirements is that some single parents without immigration status who have left an abusive relationship may be eligible for temporary assistance (see below). | ||
Where an applicant for, or recipient of, income assistance, PPMB assistance, or disability assistance meets the immigration status requirements, but an adult dependant of the applicant does not, assistance and supplements may be issued for the other members of the person’s family unit, but not for the adult dependant who does not meet the citizenship requirements. However, the Ministry will include the assets and income of the person not meeting the citizenship requirements when determining the household’s income and assets. | Where an applicant for, or recipient of, income assistance, PPMB assistance, or disability assistance meets the immigration status requirements, but an adult dependant of the applicant does not, assistance and supplements may be issued for the other members of the person’s family unit, but not for the adult dependant who does not meet the citizenship requirements. However, the Ministry will include the assets and income of the person not meeting the citizenship requirements when determining the household’s income and assets. | ||
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:'''NOTE:''' The Ministry should also excuse the parent from the work search requirement. | :'''NOTE:''' The Ministry should also excuse the parent from the work search requirement. | ||
== F. Age Requirements == | == F. Age Requirements == | ||
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If a child is under 19, has a dependent child, and lives with their own parent who is also on income assistance, PPMB assistance, or disability assistance, the Ministry may consider the two sets of parents as separate family units. This means that both the parent and grandparent may receive a shelter allowance of their own in addition to a support allowance. The Ministry’s decision will depend on the child’s age. For more information, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section5 s 5 of the EAR]. | If a child is under 19, has a dependent child, and lives with their own parent who is also on income assistance, PPMB assistance, or disability assistance, the Ministry may consider the two sets of parents as separate family units. This means that both the parent and grandparent may receive a shelter allowance of their own in addition to a support allowance. The Ministry’s decision will depend on the child’s age. For more information, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section5 s 5 of the EAR]. | ||
=== 4. MCFD Youth Agreements for 16 to 18-year-old Youths === | === 4. MCFD Youth Agreements for 16- to 18-year-old Youths === | ||
Youths aged 16 to 18 years who have left home and do not have a parent or other persons willing to take responsibility for them, or who cannot return home for reasons of safety, may be eligible for a Youth Agreement with the Ministry of Child and Family Development (“MCFD”). A Youth Agreement assists at-risk youth to live independently, return to school, and gain work experience or life skills. For more information on whether a person qualifies, contact the nearest MCFD office. Also see https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children | Youths aged 16 to 18 years who have left home and do not have a parent or other persons willing to take responsibility for them, or who cannot return home for reasons of safety, may be eligible for a Youth Agreement with the Ministry of Child and Family Development (“MCFD”). A Youth Agreement assists at-risk youth to live independently, return to school, and gain work experience or life skills. For more information on whether a person qualifies, contact the nearest MCFD office. Also see https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children | ||
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=== 5. MCFD Extended Family Program === | === 5. MCFD Extended Family Program === | ||
If a young person under 19 lives with extended family members or close friends, the caregiver may be eligible for benefits to care for the young person under MCFD’s Extended Family Program. The child’s parent(s) must live elsewhere, must request these benefits from MCFD, and must agree with the placement. Extended Family Program benefits are usually temporary. A caregiver who is also the child’s legal guardian is not eligible for Extended Family Program benefits. For more information, see: | If a young person under 19 lives with extended family members or close friends, the caregiver may be eligible for benefits to care for the young person under MCFD’s Extended Family Program. The child’s parent(s) must live elsewhere, must request these benefits from MCFD, and must agree with the placement. Extended Family Program benefits are usually temporary. A caregiver who is also the child’s legal guardian is not eligible for Extended Family Program benefits. For more information, see: https://www2.gov.bc.ca/gov/content/family-social-supports/fostering/out-of-care-kinship-care-options-for-children-and-youth-in-bc/temporary-out-of-care-arrangements#:~:text=Extended%20Family%20Program%20(EFP),unable%20to%20care%20for%20them. | ||
=== 6. MCFD Benefits for Those Ages 19-26 === | === 6. MCFD Benefits for Those Ages 19-26 === | ||
There are some supports in place until age 26 for those that were in foster case. | There are some supports in place until age 26 for those that were in foster case. | ||
Youth that were in care that are now over the age of 19 and up to 26 years old, may be eligible for further benefits from MCFD. Please see | Youth that were in care that are now over the age of 19 and up to 26 years old, may be eligible for further benefits from MCFD. Please see [[Special Situations and Welfare (21:IV)|Section IV. B: Adults Aged 19-26 Who Were in Foster Care]] for further information. | ||
== G. Obligation to Pursue Other Support and Not Dispose of Property == | == G. Obligation to Pursue Other Support and Not Dispose of Property == | ||
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== H. Two Years’ Past Financial Independence Requirement == | == H. Two Years’ Past Financial Independence Requirement == | ||
As of January 1, 2020, regulation change OIC # 705 (B.C. Reg. 270/2019) removed the two-year financial independence eligibility requirement. | As of January 1, 2020, regulation change [https://www.bclaws.gov.bc.ca/civix/document/id/oic/arc_oic/0705_2019 OIC # 705] (B.C. Reg. 270/2019) removed the two-year financial independence eligibility requirement. | ||
'''Applicants are no longer required to demonstrate that they have been financially independent for at least two consecutive years prior to applying for assistance.''' | '''Applicants are no longer required to demonstrate that they have been financially independent for at least two consecutive years prior to applying for assistance.''' | ||
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== I. Three-Week Work Search == | == I. Three-Week Work Search == | ||
All new applicants, including persons with disabilities, must go through the two-stage application process set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section4 ss 4, 4.1 and 4.2 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4 ss 4], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.1 4.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.2 4.2] of the EAPWDR. (See the Legal | All new applicants, including persons with disabilities, must go through the two-stage application process set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section4 ss 4, 4.1 and 4.2 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4 ss 4], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.1 4.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.2 4.2] of the EAPWDR. (See the Legal Aid’s “How to Apply for Welfare” information booklet for more information: https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare). | ||
All applicants for welfare must (unless they are exempt as set out below) wait three weeks to apply for benefits after completing stage 1 of the welfare application. During this three-week period they must complete a job search. | All applicants for welfare must (unless they are exempt as set out below) wait three weeks to apply for benefits after completing stage 1 of the welfare application. During this three-week period they must complete a job search. | ||
