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Difference between revisions of "Welfare Eligibility (21:III)"

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Welfare Eligibility (21:III) (view source)

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[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.  Some key exempt assets are:
[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.  Some key exempt assets are:
*'''Clothing''' and necessary household equipment
* One time payment for loss of GIS benefits
*'''One vehicle''' per household and only if used for day-to-day transportation needs
* Clothing and necessary household equipment  
*'''A family unit's place of residence'''
* One vehicle per household and only if used for day-to-day transportation needs  
*'''A child tax benefit''' or GST credit under the Income Tax Act (Canada)
* A family unit's place of residence  
*'''A BC early childhood tax benefit'''
* A child tax benefit or GST credit under the Income Tax Act (Canada)  
*'''A sales tax credit''' under the Income Tax Act (British Columbia)  
* A BC early childhood tax benefit  
*'''A registered disability savings plan''' or “RDSP” (see http://www.rdsp.com for more information)
* A sales tax credit under the Income Tax Act (British Columbia)  
*'''An uncashed life insurance policy''' with a cash surrender value of $1 500 or less;
* A registered disability savings plan or “RDSP” (see http://www.rdsp.com/ for more information)  
*'''Business tools'''
* An uncashed life insurance policy with a cash surrender value of $1 500 or less  
 
* Business tools  
* Many Indigenous settlement agreement payments, including Residential school settlement payments except money paid as income replacement
'''Disability Trusts are Exempt Assets'''
'''Disability Trusts are Exempt Assets'''


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Source: EAR s 11(1)(oo.1); Schedule B,, s.1(a)(xxxvii.1); and Schedule D, s 6(k.1). See also EAPWDR, s. 10(1)(oo.1); Schedule B, s 1(a)(xii.1); and Schedule D, s 6(k.1)
Source: EAR s 11(1)(oo.1); Schedule B,, s.1(a)(xxxvii.1); and Schedule D, s 6(k.1). See also EAPWDR, s. 10(1)(oo.1); Schedule B, s 1(a)(xii.1); and Schedule D, s 6(k.1)
'''Certain pandemic benefits exempted as assets for some recipients'''
For people who were recipients of income assistance or disability assistance, or who had the PWD designation, on April 2, 2020, the following forms  of pandemic benefits are exempt as assets (and also exempt as income):
* Canada Emergency Response Benefits;
* Canada Recovery Benefits;
* Canada Worker Lockdown Benefits;
* Indigenous Emergency Assistance;
* federal one-time payment for seniors;
* federal one-time payment for persons who have disabilities; and
* BC Recovery Benefits
See sections 2.1 to 2.7 of the Employment and Assistance Regulation, and ss 2.01 to 2.07 of the Employment and Assistance for Person with Disabilities Regulation.


== D. Income Limits ==
== D. Income Limits ==
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In order to be eligible for income assistance, PPMB assistance, or disability assistance, applicants must exhaust all other sources of income to support themselves and their dependants, except for income specifically exempted by legislation or policy.   
In order to be eligible for income assistance, PPMB assistance, or disability assistance, applicants must exhaust all other sources of income to support themselves and their dependants, except for income specifically exempted by legislation or policy.   


The net income limits for welfare recipients are set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section10 s 10 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section9 s 9 of the EAPWDR]. Schedule B in both regulations sets out the way a person’s net income is calculated for the purpose of welfare eligibility.   
The net income limits for welfare recipients are set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section10 s 10 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section9 s 9 of the EAPWDR]. Schedule B in both regulations sets out the way a person’s net income is calculated for the purpose of welfare eligibility.   


=== 1. Types of Income Relevant to Income Limits ===
=== 1. Types of Income Relevant to Income Limits ===
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Money from structured settlement annuity payments that is used for certain purposes is also exempt as income. See Schedule B, [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb s 7 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb EAPWDR] for details.  
Money from structured settlement annuity payments that is used for certain purposes is also exempt as income. See Schedule B, [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb s 7 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb EAPWDR] for details.  


The following are '''some''' examples of income exempted by [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb Schedule B of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb EAPWDR]. This list is far from exhaustive. Note that an applicant or recipient of welfare benefits '''must''' report their receipt of all income to the Ministry, even if it is exempt.  
The following are '''some''' examples of income exempted by [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb Schedule B of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb EAPWDR]. This list is far from exhaustive.  
*Income tax refunds  
 
*Universal child care benefits  
'''NOTE:''' that an applicant or recipient of welfare benefits '''must''' report their receipt of all income to the Ministry, even if it is exempt.  
*Canada child benefits
 
*Withdrawals from a Registered Disability Savings Plan  
* Income tax refunds;
*Child support payments
* Universal child care benefits;
*CPP orphan’s benefit  
* Canada child benefits;
*Gifts (including recurring gifts) and inheritances are exempt as income for recipients of '''disability assistance''' only. For people receiving income assistance and PPMB benefits, inheritances and recurring gifts are NOT exempt as income and a one-time gift is exempt only if it does not make the recipient exceed their asset exemption level;
* Withdrawals from a Registered Disability Savings Plan;
*A refund from Fair Pharmacare;  
* Child support payments CPP orphan’s benefits and CPP disabled contributor's child's benefit
*Some portion of WCB Temporary Wage Loss Replacement Payments issued under ss 29 and 30 of the ''Workers Compensation Act'', if: 
* Gifts (including recurring gifts) and inheritances are exempt as income for recipients of disability assistance only. For people receiving income assistance and PPMB benefits, inheritances and recurring gifts are NOT exempt as income and a one-time gift is exempt only if it does not make the recipient exceed their asset exemption level
**at least one person in the family unit is has the PWD designation, and either
* A refund from Fair Pharmacare;  
***the family unit has received PWD benefits for at least one month or
* EI maternity and parental benefits, and EI benefits for caring for a critically ill child
***the family unit has received PWD benefits in the past; and
* Amount paid or payable to a person who is or was a tenant, lessee, licensee or occupant, or a person who has or had a similar right or permission to use the premises for residential purposes
*EI maternity and parental benefits, and EI benefits for caring for a critically ill child. See ss 1-9 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb Schedule B of the EAR] and ss 1-9 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb Schedule B of EAPWDR] for a complete list of income exemptions.
 
For a complete list see ss 1-9 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb Schedule B of the EAR] and ss 1-9 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb Schedule B of EAPWDR]


=== 3. Earnings Exemptions ===
=== 3. Earnings Exemptions ===


Recipients of income assistance, PPMB assistance, and disability assistance all have an 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.
Recipients of income assistance, PPMB assistance, and disability assistance all have an 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.
 
For recipients of disability assistance, “earned income” also includes WCB Temporary Wage Loss Replacement Payments issued under ss 29 and 30 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/


For recipients of disability assistance, there is a one-month waiting period to claim an earnings exemption unless:
For recipients of disability assistance, there is a one-month waiting period to claim an earnings exemption unless:
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*Person under a removal order that cannot be executed.  
*Person under a removal order that cannot be executed.  


The only exception to these immigration status requirements is that some single parents without immigration status who have left abusive relationship may be eligible for temporary assistance (see below).  
The only exceptions to these immigration status requirements are:
* That some single parents without immigration status who have left abusive relationships may be eligible for temporary assistance (see below); and
* Some people fleeing armed conflict abroad who have a special, temporary resident visa that was issued through an emergency authorization process, may qualify for hardship 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.


===1. Abused single parents without status===
===1. Abused single parents without status===
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'''For more information, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section7.1 s 7.1 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section6.1 s 6.1 of the EAPWDR].'''  
'''For more information, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section7.1 s 7.1 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section6.1 s 6.1 of the EAPWDR].'''  


'''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.
 
=== 2. People fleeing armed conflict on temporary resident visa ===
 
On July 1, 2022, the welfare legislation was amended to make up to 6 calendar months of hardship assistance available to people in Canada under a temporary resident visa that was issued under the Immigration and Refugee Protection Act (Canada) through an emergency authorization process for humanitarian reasons related to armed conflict. 
 
If someone on such a visa requires hardship in order to avoid undue hardship, they are exempted from the regular immigration requirements in s 7 of the EAR and s 6 or the EAPWDR.  This new exemption was created when Canada was receiving many people fleeing war in Ukraine.  See s 47.21 of the EAR and s 41.1 of the EAPWDR.
 
If someone qualifies for hardship assistance under this category, the Ministry will not deduct any income they have but cannot immediately avail themselves of because of the armed conflict (presumably overseas income). 
 
Further, the person will have an earnings exemption (something that is not usually available on hardship assistance), after they have been on benefits for one month.  Their earnings exemption will correspond to the kind of hardship assistance they are receiving (i.e. disability assistance earnings exemption if they have the PWD designation, PPMB earnings exemption if they have the PPMB designation, and income assistance if they do not have either designation).
 


== F. Age Requirements ==
== F. Age Requirements ==
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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: http://www2.gov.bc.ca/gov/content/family-social-supports/fostering/temporary-permanent-care-options/placement-with-a-person-other-than-the-parent
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: http://www2.gov.bc.ca/gov/content/family-social-supports/fostering/temporary-permanent-care-options/placement-with-a-person-other-than-the-parent
=== 6. MCFD Benefits for those aged 19-26 ===
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 page 25 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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