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 26th, 2024}}
 {{LSLAP Manual TOC|expanded = welfare}}
-This  chapter  gives  a  general  overview  of  a  very  complex area  of  law  governed  by  lengthy  and  detailed legislation.  It is not designed to be used on its own.   Users of this chapter should be sure in each case to refer to the applicable welfare legislation.
+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.
-== A. What is welfare? ==
+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.
-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  Social Innovation (the MSDSI). '''Welfare is a “payer of last resort”''', which means that in  order to receive welfare,  a  person  must  demonstrate  that  he  or  she  has  exhausted  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.
+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.]
-== B. Referrals ==
+== A. What is Welfare? ==
-See [[Referrals_(22) | Chapter 22: Referrals]] for additional referrals.
+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.
-add contacts info from p. 21-1 - 2 here
+== B. Welfare Policy ==
-== C. The Welfare Legislation ==
+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.
-Welfare law in BC is governed by the following statutes and regulations, all of which are available at http://www.bclaws.ca:
+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.
-''Employment and Assistance Act'', SBC 2002, c 40 [EAA];
+== C. Types of Welfare Benefits ==
-''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR];
+Under the current welfare legislation in BC, the following types of welfare benefits are available to those who qualify:
-''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 40 [EAPWDA]; and
+=== 1. Income Assistance ===
+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.
-''Employment   and   Assistance   for   Persons   with   Disabilities   Regulation'',   BC   Reg   265/2002   [EAPWDR].
+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.
-Forms  regulations  under  the  EAA  and  EAPWDA  create  many  of  the  forms  that  MSDSI  uses  in administering  welfare.  See  also  the  ''Child  in  the  Home  of  a  Relative  Transition  Regulation'',  BC  Reg 48/2010.
+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
-Please keep in mind the following important points when dealing with a welfare law issue.
+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''.
-*'''Be current.''' The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important that students check the BC Laws website and confirm that one is dealing with the most current legislation. Occasionally, legislation on the MSDSI’s website is   updated   faster   than   BC   Laws.            Legislation   is   found   on   the   MSDSI’s   site   at: http://www.eia.gov.bc.ca/ministry/leg.htm
-*'''Be comprehensive.'''  Be sure to read the relevant section of the appropriate act or regulation in its entirety and to scan the legislation for other relevant sections.  The legislation is complex and often a number of provisions work together to govern a particular program or benefit.
-*'''Be  alert  to  mandatory  versus  discretionary  wording.'''   Welfare  legislation  contains  a  mix  of mandatory  provisions  (requiring  the  government  to  do  or  provide  something)  and  discretionary provisions  (which  permit,  but  do  not  require,  the  government  to  act  in  a  particular  way).   Consider  whether  the  legislative  provisions  relevant  to  the  client’s  case  are  mandatory  or discretionary.
-== D. Welfare policy ==
+=== 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]]'''
-While the government’s policy on welfare is not law, it is an important lens for understanding welfare law in BC.  MSDSI policy sets out the practical details of how welfare is to be administered.   MSDSI’s welfare     policies     are     contained     in     an “Online     Resource”,     which     is     available     at http://www.gov.bc.ca/meia/online_resource/or_index/.  The  Online  Resource  incorporates  MSDSI  policy with the rules set out in the welfare legislation.
+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.
-It is an extremely useful tool for researching welfare law and policy.
+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
-== E. Types of Welfare ==
+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)
-Under  the  current  welfare  legislation  in  BC,  the  following  types  of  welfare  benefits  are  available  to those who qualify:
+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./.
-*'''INCOME ASSISTANCE.''' This is a basic monthly support and shelter allowance provided under the ''Employment  and  Assistance  Act''  [EAA].  This  is  the  benefit most  people  get  when  they  receive welfare.
+=== 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.
-:{| class="wikitable"
+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.
-|-
-| On income assistance, a single person under age 65 currently receives '''$610.00 per month''' 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
-*'''DISABILITY ASSISTANCE.''' 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.
+=== 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
-:{| class="wikitable"
+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 disability assistance, a single person under age 65 currently receives '''$906.42 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities.
-|}
-*'''PPMB ASSISTANCE.''' This is a special form of income assistance for people who have “persistent multiple barriers” to employment according to the criteria set out in s 2 of the ''Employment and Assistance Regulation'' [EAR]. It is for people who have 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 hardship assistance, a single person under age 65 currently receives '''$1110 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities.
-:{| class="wikitable"
+On disability hardship assistance, a single person under age 65 currently receives '''$ 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]]
-|-
-| On PPMB assistance, a single person under age 65 currently receives '''$657.92 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities.
-|}
-*'''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.
+=== 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. [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''].
-:{| class="wikitable"
+=== 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 [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).
-| On regular hardship assistance, a single person under age 65 currently receives a maximum of '''$610.00 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 '''$657.92  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 '''$906.42 per month'''  to  cover  housing,  utilities,  food,  transportation,  clothing,  and  all  other  basic necessities.
-|}
-*'''HEALTH SUPPLEMENTS.''' Recipients of income assistance, PPMB, and disability assistance may qualify for various health supplements from the MSDSI.   See Part 5, division 5 of the EAR, and the EAPWDR.  The MSDSI has a useful table summarizing health supplements that may be available, at http://www.sdsi.gov.bc.ca/forms/rfs/health_supplements_eligibility.pdf
-*'''SUPPLEMENTS''' These  are  other  forms  of  assistance  that  may  be  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  the  EAR,  Part  5 of  the  EAPWDR,  and  [http://www.mhr.gov.bc.ca/mhr/gs.htm MSDSI  website].
+{{LSLAP Manual Navbox|type=chapters15-23}}
-== F. Useful Publications by Outside Agencies ==
-In addition to this LSLAP manual chapter, students may wish to refer to the following publications:
-*BC Disability Benefits Help Sheets. These 15 guides are published by Disability Alliance BC.  They are available at http://www.disabilityalliancebc.org and cover many areas relating to applying for benefits and appealing decisions.
-*Your Welfare Rights, a plain language guide published by the Legal Services Society for welfare clients and advocates.  It is available at http://www.lss.bc.ca and gives an excellent overview of welfare issues.