Introduction to Welfare (21:I): Difference between revisions

Latest revision as of 00:35, 28 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 26th, 2024.

This chapter gives a general overview of a very complex area of law governed by lengthy and detailed legislation. Users should not read it on its own. Users of this chapter should be sure to refer to the applicable welfare legislation in each case.

This chapter only deals with BC welfare law. If one is applying to the Canada Pension Plan (CPP) for disability (or other) benefits, they should refer to the following link: https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/eligibility.html.

Please be advised that the Law Student Legal Advice Program is not able to help with CPP disability benefits issues. If one requires assistance with CPP disability, they should reach out to Disability Alliance BC.

A. What is Welfare?

Welfare is a basic form of income support provided by the state to those in need. In BC, the provincial government administers welfare via the Ministry of Social Development and Poverty Reduction (the Ministry). Welfare is a “payer of last resort,” which means that to receive welfare, a person must demonstrate they have exhausted almost all other forms of support. This chapter will use the term “welfare” to describe all forms of income support provided by the BC government under the province’s welfare legislation.

B. Welfare Policy

While the government’s policy on welfare is not law, it is an important lens for understanding welfare law in BC. Ministry policy sets out the practical details of how the ministry administers welfare. The Ministry’s welfare policies are contained in the “BC Employment and Assistance Policy and Procedure Manual,” which is available at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual.

The Policy and Procedure Manual incorporates MSDPR policy with the rules set out in the welfare legislation. It is an extremely useful tool for researching welfare law and policy.

C. Types of Welfare Benefits

Under the current welfare legislation in BC, the following types of welfare benefits are available to those who qualify:

1. Income Assistance

This basic monthly support and shelter allowance is provided under the Employment and Assistance Act [EAA]. This is the benefit most people get when they receive welfare.

On income assistance, a single person under age 65 currently can receive up to $1060 per month, consisting of $560.00 per month for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs, regardless of their actual shelter cost. This means that people who are unhoused or living in vehicles will also have some access to shelter benefits. This total amount is to cover housing, utilities, food, transportation, clothing, and all other basic necessities.

The amounts available to one receiving income assistance will depend on one’s family size. Family units of two or more (e.g. couples, single parents, or couples with kids) have a higher minimum shelter rate. Income assistance rates based on family size can be found here: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/income-assistance-rate-table

Recipients of income, disability, or hardship assistance also receive PharmaCare prescription coverage with no deductible through what is called Plan C. The enrollment of eligible persons under Plan C commences when the Ministry is able to confirm eligibility under the EAA or EAPWDA.

2. Disability Assistance (For Persons with Disability Designation - PWD)

This is a slightly higher, but still modest, monthly support and shelter allowance provided under the Employment and Assistance for Persons with Disabilities Act [EAPWDA] to those who meet the definition of “person with disabilities” in s 2 of that Act. To determine if one is eligible for PWD designation, please refer to Section III. M. Persons with Disabilities (PWD) Designation

On disability assistance, a single person under age 65 can receive up to $1483.50 per month, consisting of $983.50 per month for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs. This total amount is to cover housing, utilities, food, clothing, and all other basic necessities.

The amounts available to one receiving disability assistance will depend on one’s family size. Disability assistance rates based on family size can be found here: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/disability-assistance-rate-table

A person with the PWD designation who receives disability assistance can obtain a bus pass or $52 per month more if the person chooses not to have a bus pass. (https://www2.gov.bc.ca/gov/content/transportation/passenger-travel/buses-taxis-limos/bus-pass/people-with-disabilities)

An outline of other possible benefits available to those with the PWD designation can be found in Section X: Health Supplements, or one can refer to: https://disabilityalliancebc.org/hs3./.

3. Persons with Persistent Multiple Barriers (PPMB) Assistance

This is a slightly higher income assistance rate for people with “persistent multiple barriers” to employment for those who meet the PPMB definition set out in s 2 of the Employment and Assistance Regulation [EAR]. It is for people with a medical condition that makes it difficult or impossible to look for work or to keep a job. Technically, it falls within the definition of “income assistance” but this chapter will refer to it as a distinct form of welfare benefits.

On PPMB assistance, a single person under age 65 currently can receive up to $1110.00 per month, consisting of $610.00 per month for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs. This total amount is to cover housing, utilities, food, transportation, clothing, and all other basic necessities.

The amounts available to one receiving PPMB assistance will depend on one’s family size. PPMB assistance rates based on family size can be found at the link below, in column B of the table: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/income-assistance-rate-table

4. Hardship Assistance

This is a support and shelter allowance provided under s 5 of the EAA and s 6 of the EAPWDA to persons who are not otherwise eligible for income assistance, PPMB, or disability assistance (see also part 4 of the EAR and part 4 of the EAPWDR). Some (but not all) categories of hardship assistance are repayable, i.e. a person receiving hardship assistance may accrue a debt owing to the government. It is usually temporary assistance. People with the PPMB or PWD designation may also receive hardship assistance, if they are not otherwise eligible for PPMB or PWD benefits. Therefore, there are different rates of hardship assistance

On regular (income assistance) hardship assistance, a single person under age 65 currently receives a maximum of $1060 per month to cover housing, utilities, food, transportation, clothing, and all other basic necessities.

On PPMB hardship assistance, a single person under age 65 currently receives $1110 per month to cover housing, utilities, food, transportation, clothing, and all other basic necessities.

On disability hardship assistance, a single person under age 65 currently receives $ 1,483.50 per month to cover housing, utilities, food, clothing, and all other basic necessities (plus a bus pass, or $52 per month more if the person chooses not to have a bus pass – see Section VIII: Rates and Payment Issues. B: Persons with Disabilities Transportation Supplement

5. Health Supplements

Recipients of income assistance, PPMB, and disability assistance may qualify for various health supplements from the Ministry. These can include money for dental, diet, and medical supplies. See Part 5, Division 5 of the EAR, and Part 5, Division 4 of the EAPWDR.

6. Supplements

The ministry may provide more money or services to cover extra costs, such as clothing, moving costs, and identification fees. These other forms of assistance are provided on a case-by-case basis for specific purposes set out under the EAA and EAPWDA and their associated regulations. See especially, Part 5 of EAPWDR and the Ministry website (http://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/on-assistance/supplements).

@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= August 1st, 2023}}
+{{REVIEWED LSLAP | date= August 26th, 2024}}
 {{LSLAP Manual TOC|expanded = welfare}}
@@ Line 7: / Line 7: @@
 https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/eligibility.html.
-Please be advised that the Law Student Legal Advice Program is not able to help with CPP disability benefits	issues. If one requires assistance with CPP disability, they should reach out to [https://disabilityalliancebc.org/ Disability Alliance B.C.]
+Please be advised that the Law Student Legal Advice Program is not able to help with CPP disability benefits issues. If one requires assistance with CPP disability, they should reach out to [https://disabilityalliancebc.org/ Disability Alliance BC.]
 == A. What is Welfare? ==
-Welfare is a basic form of income support provided by the state to those in need. In BC, the provincial government administers welfare via the Ministry of Social Development and Poverty Reduction (the Ministry). '''Welfare is a “payer of last resort,”''' which means that in order to receive welfare, a person must demonstrate they have exhausted almost all other forms of support. This chapter will use the term “welfare” to describe all forms of income support provided by the BC government under the province’s welfare legislation.
+Welfare is a basic form of income support provided by the state to those in need. In BC, the provincial government administers welfare via the Ministry of Social Development and Poverty Reduction (the Ministry). '''Welfare is a “payer of last resort,”''' which means that to receive welfare, a person must demonstrate they have exhausted almost all other forms of support. This chapter will use the term “welfare” to describe all forms of income support provided by the BC government under the province’s welfare legislation.
 == B. Welfare Policy ==
@@ Line 27: / Line 27: @@
 This basic monthly support and shelter allowance is provided under the ''Employment and Assistance Act'' [''[https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002 EAA]'']. This is the benefit most people get when they receive welfare.
-On income assistance, a single person under age 65 currently can receive up to '''$1060 per month''', consisting of '''$560.00 per month for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs'''.  This total amount is to cover housing, utilities, food, transportation, clothing, and all other basic necessities.
+On income assistance, a single person under age 65 currently can receive up to '''$1060 per month''', consisting of '''$560.00 per month for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs''', regardless of their actual shelter cost. This means that people who are unhoused or living in vehicles will also have some access to shelter benefits.  This total amount is to cover housing, utilities, food, transportation, clothing, and all other basic necessities.
-The amounts available to one receiving income assistance will depend on one’s family size. Income assistance rates based on family size can be found here:
+The amounts available to one receiving income assistance will depend on one’s family size. Family units of two or more (e.g. couples, single parents, or couples with kids) have a higher minimum shelter rate. Income assistance rates based on family size can be found here:
 https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/income-assistance-rate-table
-Recipients of income assistance also receive PharmaCare prescription coverage with no deductible through what is called Plan C.
+Recipients of income, disability, or hardship assistance also receive PharmaCare prescription coverage with no deductible through what is called Plan C.  The enrollment of eligible persons under Plan C commences when the Ministry is able to confirm eligibility under the ''EAA'' or ''EAPWDA''.
-'''2. Disability Assistance (For Persons with Disability Designation - PWD)''' <br />
+=== 2. Disability Assistance (For Persons with Disability Designation - PWD) ===
 This is a slightly higher, but still modest, monthly support and shelter allowance provided under the ''Employment and Assistance for Persons with Disabilities Act'' [''[https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act EAPWDA]''] to those who meet the definition of “person with disabilities” in [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section2 s 2] of that Act. To determine if one is eligible for PWD designation, please refer to '''[[Welfare Eligibility (21:III)|Section III. M. Persons with Disabilities (PWD) Designation]]'''
-On disability assistance, a single person under age 65 can receive up to $1483.50 per month, consisting of '''$983.50 per month'''  for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs. This total amount is to cover housing, utilities, food, clothing, and all other basic necessities.
+On disability assistance, a single person under age 65 can receive up to '''$1483.50 per month''', consisting of '''$983.50 per month for support, plus a minimum of $75 and up to a maximum of $500 for shelter costs'''. This total amount is to cover housing, utilities, food, clothing, and all other basic necessities.
 The amounts available to one receiving disability assistance will depend on one’s family size. Disability assistance rates based on family size can be found here:
@@ Line 46: / Line 46: @@
 An outline of other possible benefits available to those with the PWD designation can be found in [[Welfare_and_Health_Supplements_(21:X)|Section X: Health Supplements]], or one can refer to: https://disabilityalliancebc.org/hs3./.
-'''3. Persons with Persistent Multiple Barriers (PPMB) Assistance''' <br />
+=== 3. Persons with Persistent Multiple Barriers (PPMB) Assistance ===
 This is a slightly higher income assistance rate for people with “persistent multiple barriers” to employment for those who meet the PPMB definition set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section2 s 2] of the ''Employment and Assistance Regulation'' [[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002 EAR]]. It is for people with a medical condition that makes it difficult or impossible to look for work or to keep a job. Technically, it falls within the definition of “income assistance” but this chapter will refer to it as a distinct form of welfare benefits.
@@ Line 54: / Line 54: @@
 https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/income-assistance-rate-table
-'''4. Hardship Assistance''' <br />
+=== 4. Hardship Assistance ===
 This is a support and shelter allowance provided under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section5 s 5 of the EAA] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section6 s 6 of the EAPWDA] to persons who are not otherwise eligible for income assistance, PPMB, or disability assistance (see also [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#part4 part 4 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part4 part 4 of the EAPWDR]).  Some (but not all) categories of hardship assistance are repayable, i.e. a person receiving hardship assistance may accrue a debt owing to the government. It is usually temporary assistance. People with the PPMB or PWD designation may also receive hardship assistance, if they are not otherwise eligible for PPMB or PWD benefits. Therefore, there are different rates of hardship assistance
@@ Line 63: / Line 63: @@
 On disability hardship assistance, a single person under age 65 currently receives '''$ 1,483.50 per month''' to cover housing, utilities, food, clothing, and all other basic necessities (plus a bus pass, or $52 per month more if the person chooses not to have a bus pass – see [[Welfare_Rates_and_Payment_Issues_(21:VIII)#B. Persons with Disabilities Transportation Supplement|Section VIII: Rates and Payment Issues. B: Persons with Disabilities Transportation Supplement]]
-'''5. Health Supplements''' <br />
+=== 5. Health Supplements ===
-Recipients of income assistance, PPMB, and disability assistance may qualify for various health supplements from the Ministry.   [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#division_d2e10033 See Part 5, Division 5 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#division_d2e8911 Part 5, Division 4 of the EAPWDR].
+Recipients of income assistance, PPMB, and disability assistance may qualify for various health supplements from the Ministry. These can include money for dental, diet, and medical supplies. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#division_d2e10033 See Part 5, Division 5 of the ''EAR''], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#division_d2e8911 Part 5, Division 4 of the ''EAPWDR''].
-'''6. Supplements''' <br />
+=== 6. Supplements ===
-The ministry may provide these other forms of assistance on a case-by-case basis for specific purposes set out under the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002 EAA] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act EAPWDA] and their associated regulations.  See especially, [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part5 Part 5 of the EAPWDR] and the Ministry website (http://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/on-assistance/supplements).
+The ministry may provide more money or services to cover extra costs, such as clothing, moving costs, and identification fees. These other forms of assistance are provided on a case-by-case basis for specific purposes set out under the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002 ''EAA''] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act ''EAPWDA''] and their associated regulations.  See especially, [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part5 Part 5 of ''EAPWDR''] and the Ministry website (http://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/on-assistance/supplements).
 {{LSLAP Manual Navbox|type=chapters15-23}}