Difference between revisions of "Governing Legislation and Resources for Welfare (21:II)"
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Welfare law in BC is governed by the following statutes and regulations, all of which are available at [http://www.bclaws.ca www.bclaws.ca]: | Welfare law in BC is governed by the following statutes and regulations, all of which are available at [http://www.bclaws.ca www.bclaws.ca]: | ||
''Employment and Assistance Act'', SBC 2002, c 40 | ''Employment and Assistance Act'', SBC 2002, c 40 [EAA]; | ||
''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR]; | ''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR]; | ||
''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c | ''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 41 [EAPWDA]; and | ||
''Employment and Assistance for Persons with Disabilities Regulation'', BC Reg 265/2002 [EAPWDR]. | ''Employment and Assistance for Persons with Disabilities Regulation'', BC Reg 265/2002 [EAPWDR]. | ||
Forms regulations under the EAA and EAPWDA create many of the forms that | |||
Forms regulations under the EAA and EAPWDA create many of the forms that the Ministry uses in administering welfare. See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010. | |||
Please keep in mind the following important points when dealing with a welfare law issue. | Please keep in mind the following important points when dealing with a welfare law issue. | ||
* '''Be current.''' The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important to check the BC Laws website and confirm that one is dealing with the most current legislation. | |||
* '''Be comprehensive.''' Be sure to read the relevant section of the appropriate act | *'''Be current.''' The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important to check the BC Laws website and confirm that one is dealing with the most current legislation. | ||
* '''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 | |||
*'''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. | |||
== B. Referrals == | == B. Referrals == | ||