Welfare and Health Supplements (21:X): Difference between revisions
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{{REVIEWED LSLAP | date= August 26th, 2024}} | |||
{{LSLAP Manual TOC|expanded = welfare}} | {{LSLAP Manual TOC|expanded = welfare}} | ||
== A. Introduction == | == A. Introduction == | ||
Schedule C | [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulec Schedule C of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec EAPWDR] set out the availability of supplements for health and dental services, including optical and orthodontic services. See also [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#division_d2e10033 Part 5, Division 5 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part5 Part 5, Division 4 of the EAPWDR]. | ||
== B. General Health Supplements == | == B. General Health Supplements == | ||
Section | [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section67 Section 67 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section62 s 62 of the EAPWDR] set out the eligibility criteria for general health supplements. Applicants should review these criteria carefully in relation to any issue relating to a health supplement. | ||
== C. “Medical Services Only” == | == C. “Medical Services Only” == | ||
Section | [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section66 Section 66.3 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section61.1 s 61.1 of the EAPWDR] provide that persons may be eligible for “medical services only” in certain circumstances when they cease to be eligible for income assistance, PPMB, or disability assistance for specific reasons. | ||
== D. Optical Care == | == D. Optical Care == | ||
If the person is between 19 and 64 and gets income assistance, hardship assistance, PPMB, or PWD benefits | If the person is between 19 and 64 and gets income assistance, hardship assistance, PPMB, or PWD benefits OR has Medical Services Only Status, they can receive an eye exam every 24 months. Further, children may receive one pair of glasses per year and adults may receive one pair of glasses every three years. | ||
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section67 Sections 67.1 and 67.2] of the EAR and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section62.1 ss 62.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section62.2 62.2] of the EAPWDR set out eligibility criteria for certain optical benefits. See also ss 2.1 and 2.2 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulec Schedule C of the EAR] and ss 2.1 and 2.2 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec Schedule C of the EAPWDR]. | |||
== E. Dental Care == | == E. Dental Care == | ||
Sections [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section68 68], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section68.1 68.1], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section69 69], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section70 70], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section71 71] of the EAR and ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section63 63], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section63.1 63.1], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section63.2 63.2], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section64 64], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section65 65] of the EAPWDR set out eligibility criteria for supplements for dental work, crown and bridgework, dentures, emergency dental and denture work, and limited orthodontic work. See also ss 4, 4.1, 5, 6, and 7 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulec Schedule C of the EAR] and ss 4, 4.1, and 5 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec Schedule C of the EAPWDR]. | |||
The Canadian Dental Care Plan (CDCP) provides dental care subsidies to Canadian residents with household incomes of less than $90,000 without a dental plan. It is currently available to seniors aged 65 and above, children under age 18, and people 18-64 with a valid Disability Tax Credit certificate. All other eligible Canadian residents will be able to apply for the CDCP in 2025. For more information on the program or to apply for the benefit, visit https://www.canada.ca/en/services/benefits/dental/dental-care-plan.html. | |||
== F. “Healthy Kids” Supplements == | |||
Sections [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section72 72], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section72.1 72.1], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section77.03 77.03] of the EAR provides for certain optical, dental, hearing instrument, and alternative hearing assistance supplements for dependant children of welfare recipients. See also [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulec Schedule C]. | |||
== G. Alternative Hearing Supplement == | |||
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section77.02 Sections 77.02 of the EAR], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section70.02 section 70.02 of the EAPWDR], and section 11 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulec Schedule C to both the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec EAPWDR], allow a $100 supplement for applicants with profound hearing loss. The Ministry provides this supplement only where the applicant has profound hearing loss in both ears and would not benefit from a hearing instrument. | |||
== H. | == H. Diet and Nutrition == | ||
Where | Sections [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section73 73], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section74 74], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section74.01 74.01], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section74.1 74.1], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section75 75] of the EAR and ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section66 66], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section67 67], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section67.01 67.01], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section67.1 67.1], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section68 68] of the EAPWDR set out eligibility criteria for supplements for diet supplements, nutritional supplements, supplements for those who require tube feeding, infant health supplements, and natal supplements for pregnant people. See also ss 8, 9, and 10 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulec Schedule C of the EAR] and ss 6-9 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec Schedule C of the EAPWDR]. | ||
canes, crutches, and walkers; wheelchairs; scooters; bathing and toileting aids; hospital bed; pressure relief mattresses; floor or ceiling lift devices; positive airway pressure devices; apnea monitors; nebulizers; positioning items on a bed, positioning chairs, and standing frames; ventilator supplies; orthoses; and hearing aids. NOTE: In order to qualify for these supplements, | |||
The Ministry has a useful chart showing all special diet supplement rates as of August 1, 2023 (and other health supplements) at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/health-supplements-and-programs-rate-table | |||
'''NOTE:''' A “monthly nutritional supplement” of up to $225 per month may be available to some people with the PWD designation who receive disability assistance. To qualify, there must be medical confirmation that the person requires the vitamins and minerals and/or caloric supplementation t for a "chronic, progressive deterioration of health on account of a severe medical condition". It can be very hard to meet the requirements for this supplement. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section67 s 67(1.1) of the EAPDWR] for more information. Disability Alliance BC has a useful help sheet regarding the monthly nutritional supplement, at http://disabilityalliancebc.org/category/publications/help-sheets/. | |||
Registered dieticians, medical doctors and nurse practitioners can all confirm someone’s need for diet supplements, short term nutritional supplements, infant formula supplement, and the monthly nutritional supplement. Effective August 1, 2023, a midwife registered with the British Columbia College of Nurses and Midwives can also confirm a child’s eligibility for infant formula supplement. | |||
Sources: EAR, ss 1(1), 73(2)(b), 74(b), 74.01(3)(a), Schedule C ss 8(2) and 10(a). See also EAPWDR, ss 1(1), 66(2)(b), 67(1.1), 67(2), 67.001(b), 67.01(3)(a), Schedule C ss 6(2) and 9(a). | |||
== I. Medical Equipment and Devices == | |||
Where a person meets eligibility criteria (see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section67 s 67 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section62 s 62 of the EAPWDR]), the Ministry may provide funding for certain medical equipment and devices. Sections 3 through 3.12 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec Schedule C] of each regulation list the devices and eligibility criteria. The devices may include: | |||
*canes, crutches, and walkers; | |||
*wheelchairs; | |||
*scooters; | |||
*bathing and toileting aids; | |||
*hospital bed; | |||
*pressure relief mattresses; | |||
*floor or ceiling lift devices; | |||
*positive airway pressure devices, or (as of September 1, 2024) a mandibular advancement device if the person is intolerant to a positive airway pressure device; | |||
*apnea monitors; | |||
*nebulizers, humidifiers, percussors and (as of September 1, 2024), a cough assist device; | |||
*positioning items on a bed, positioning chairs, and standing frames; | |||
*ventilator supplies; | |||
*orthoses; and | |||
*hearing aids. | |||
'''NOTE:''' In order to qualify for these supplements, a qualified medical practitioner must supply a prescription and the cost must be pre-approved by the Ministry. The Ministry provides very detailed eligibility criteria in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulec Schedule C] of both Regulations. | |||
== J. Medical and Surgical Supplies == | |||
Certain “disposable or reusable” medical supplies may be provided if they are necessary to prevent the recipient from becoming very ill (to avoid what the Ministry calls “an imminent and substantial danger”) and if a doctor prescribes them. See s 2(1)(a) of Schedule C of each Regulation. | |||
The supplies are only available if an applicant needs them for one of these following purposes: wound care; ongoing bowel care required due to loss of muscle function; catheterization; incontinence; skin parasite care; or limb circulation care. | |||
The supplies must be the least expensive ones appropriate for the purpose. Exclusions to this list include nutritional supplements, food, vitamins and minerals, and prescription medications | |||
== K. “Direct and Imminent Life-Threatening Health Need” == | |||
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section76 Section 76 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section69 s 69 of the EAPWDR] provide that the Ministry may provide certain health supplements to a person who is otherwise ineligible for the supplements (or indeed, for welfare benefits), if the person can show that the person faces an '''imminent and life-threatening need''' that cannot be addressed except by the supplement. See the Regulations for details. | |||
== L. Alternative and Complementary Therapies == | |||
Up to 12 visits per calendar year are payable by the minister for any combination of physiotherapy services, chiropractic services, massage therapy services, non-surgical podiatry services, naturopathy services, and acupuncture services for which a medical practitioner or nurse practitioner has confirmed an acute need. See Schedule C, s 2 of each Regulation, especially s 2(c). | |||
== M. Transportation to Medical Appointments == | |||
Under Schedule C, s 2(f) of each Regulation, the Ministry may cover the cost for the least expensive mode of transportation to and from the office of a local medical practitioner, nurse practitioner, specialist, general hospital, rehabilitation hospital, provided that: | |||
*the transportation is to enable the person to receive a benefit under the ''Medicare Protection Act'' or a general hospital service under the ''Hospital Insurance Act''; AND | |||
*there are no resources available to the person's family unit to cover the cost. | |||
{{LSLAP Manual Navbox|type=chapters15-23}} |
Latest revision as of 01:20, 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. |
A. Introduction
Schedule C of the EAR and EAPWDR set out the availability of supplements for health and dental services, including optical and orthodontic services. See also Part 5, Division 5 of the EAR and Part 5, Division 4 of the EAPWDR.
B. General Health Supplements
Section 67 of the EAR and s 62 of the EAPWDR set out the eligibility criteria for general health supplements. Applicants should review these criteria carefully in relation to any issue relating to a health supplement.
C. “Medical Services Only”
Section 66.3 of the EAR and s 61.1 of the EAPWDR provide that persons may be eligible for “medical services only” in certain circumstances when they cease to be eligible for income assistance, PPMB, or disability assistance for specific reasons.
D. Optical Care
If the person is between 19 and 64 and gets income assistance, hardship assistance, PPMB, or PWD benefits OR has Medical Services Only Status, they can receive an eye exam every 24 months. Further, children may receive one pair of glasses per year and adults may receive one pair of glasses every three years.
Sections 67.1 and 67.2 of the EAR and ss 62.1 and 62.2 of the EAPWDR set out eligibility criteria for certain optical benefits. See also ss 2.1 and 2.2 of Schedule C of the EAR and ss 2.1 and 2.2 of Schedule C of the EAPWDR.
E. Dental Care
Sections 68, 68.1, 69, 70, and 71 of the EAR and ss 63, 63.1, 63.2, 64, and 65 of the EAPWDR set out eligibility criteria for supplements for dental work, crown and bridgework, dentures, emergency dental and denture work, and limited orthodontic work. See also ss 4, 4.1, 5, 6, and 7 of Schedule C of the EAR and ss 4, 4.1, and 5 of Schedule C of the EAPWDR.
The Canadian Dental Care Plan (CDCP) provides dental care subsidies to Canadian residents with household incomes of less than $90,000 without a dental plan. It is currently available to seniors aged 65 and above, children under age 18, and people 18-64 with a valid Disability Tax Credit certificate. All other eligible Canadian residents will be able to apply for the CDCP in 2025. For more information on the program or to apply for the benefit, visit https://www.canada.ca/en/services/benefits/dental/dental-care-plan.html.
F. “Healthy Kids” Supplements
Sections 72, 72.1, and 77.03 of the EAR provides for certain optical, dental, hearing instrument, and alternative hearing assistance supplements for dependant children of welfare recipients. See also Schedule C.
G. Alternative Hearing Supplement
Sections 77.02 of the EAR, section 70.02 of the EAPWDR, and section 11 of Schedule C to both the EAR and EAPWDR, allow a $100 supplement for applicants with profound hearing loss. The Ministry provides this supplement only where the applicant has profound hearing loss in both ears and would not benefit from a hearing instrument.
H. Diet and Nutrition
Sections 73, 74, 74.01, 74.1, and 75 of the EAR and ss 66, 67, 67.01, 67.1, and 68 of the EAPWDR set out eligibility criteria for supplements for diet supplements, nutritional supplements, supplements for those who require tube feeding, infant health supplements, and natal supplements for pregnant people. See also ss 8, 9, and 10 of Schedule C of the EAR and ss 6-9 of Schedule C of the EAPWDR.
The Ministry has a useful chart showing all special diet supplement rates as of August 1, 2023 (and other health supplements) at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/health-supplements-and-programs-rate-table
NOTE: A “monthly nutritional supplement” of up to $225 per month may be available to some people with the PWD designation who receive disability assistance. To qualify, there must be medical confirmation that the person requires the vitamins and minerals and/or caloric supplementation t for a "chronic, progressive deterioration of health on account of a severe medical condition". It can be very hard to meet the requirements for this supplement. See s 67(1.1) of the EAPDWR for more information. Disability Alliance BC has a useful help sheet regarding the monthly nutritional supplement, at http://disabilityalliancebc.org/category/publications/help-sheets/.
Registered dieticians, medical doctors and nurse practitioners can all confirm someone’s need for diet supplements, short term nutritional supplements, infant formula supplement, and the monthly nutritional supplement. Effective August 1, 2023, a midwife registered with the British Columbia College of Nurses and Midwives can also confirm a child’s eligibility for infant formula supplement. Sources: EAR, ss 1(1), 73(2)(b), 74(b), 74.01(3)(a), Schedule C ss 8(2) and 10(a). See also EAPWDR, ss 1(1), 66(2)(b), 67(1.1), 67(2), 67.001(b), 67.01(3)(a), Schedule C ss 6(2) and 9(a).
I. Medical Equipment and Devices
Where a person meets eligibility criteria (see s 67 of the EAR and s 62 of the EAPWDR), the Ministry may provide funding for certain medical equipment and devices. Sections 3 through 3.12 of Schedule C of each regulation list the devices and eligibility criteria. The devices may include:
- canes, crutches, and walkers;
- wheelchairs;
- scooters;
- bathing and toileting aids;
- hospital bed;
- pressure relief mattresses;
- floor or ceiling lift devices;
- positive airway pressure devices, or (as of September 1, 2024) a mandibular advancement device if the person is intolerant to a positive airway pressure device;
- apnea monitors;
- nebulizers, humidifiers, percussors and (as of September 1, 2024), a cough assist device;
- positioning items on a bed, positioning chairs, and standing frames;
- ventilator supplies;
- orthoses; and
- hearing aids.
NOTE: In order to qualify for these supplements, a qualified medical practitioner must supply a prescription and the cost must be pre-approved by the Ministry. The Ministry provides very detailed eligibility criteria in Schedule C of both Regulations.
J. Medical and Surgical Supplies
Certain “disposable or reusable” medical supplies may be provided if they are necessary to prevent the recipient from becoming very ill (to avoid what the Ministry calls “an imminent and substantial danger”) and if a doctor prescribes them. See s 2(1)(a) of Schedule C of each Regulation.
The supplies are only available if an applicant needs them for one of these following purposes: wound care; ongoing bowel care required due to loss of muscle function; catheterization; incontinence; skin parasite care; or limb circulation care.
The supplies must be the least expensive ones appropriate for the purpose. Exclusions to this list include nutritional supplements, food, vitamins and minerals, and prescription medications
K. “Direct and Imminent Life-Threatening Health Need”
Section 76 of the EAR and s 69 of the EAPWDR provide that the Ministry may provide certain health supplements to a person who is otherwise ineligible for the supplements (or indeed, for welfare benefits), if the person can show that the person faces an imminent and life-threatening need that cannot be addressed except by the supplement. See the Regulations for details.
L. Alternative and Complementary Therapies
Up to 12 visits per calendar year are payable by the minister for any combination of physiotherapy services, chiropractic services, massage therapy services, non-surgical podiatry services, naturopathy services, and acupuncture services for which a medical practitioner or nurse practitioner has confirmed an acute need. See Schedule C, s 2 of each Regulation, especially s 2(c).
M. Transportation to Medical Appointments
Under Schedule C, s 2(f) of each Regulation, the Ministry may cover the cost for the least expensive mode of transportation to and from the office of a local medical practitioner, nurse practitioner, specialist, general hospital, rehabilitation hospital, provided that:
- the transportation is to enable the person to receive a benefit under the Medicare Protection Act or a general hospital service under the Hospital Insurance Act; AND
- there are no resources available to the person's family unit to cover the cost.
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