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

*'''citizenship''' requirements; and  

*Pursue all other forms of support;   

*Complete a three or five-week work search (with some exceptions as discussed below); and

The above eligibility criteria will be discussed briefly below. Certain applicants who do not meet the eligibility criteria for income assistance, PPMB assistance, or disability assistance may still be eligible for hardship assistance.  See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#part4 Part 4 of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part4 Part 4 of EAPWDR] for details.

In order to be eligible for income assistance, PPMB assistance, or disability assistance, applicants must exhaust their assets. As noted above, welfare is a “payer of last resort”. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section11 The EAR (ss 11-13)] and the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section10 EAPWDR (ss 10-12)] set out limits on which assets a person can possess and still remain eligible for income assistance,  PPMB assistance, or disability assistance.   

Read the EAR (ss 1 and 11-13) and the EAPWDR (ss 1 and 10-12) carefully to identify the asset criteria. Note in particular the definitions of “asset”, which is set out in s 1 of the EAR and EAPWDR.

[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 particular assets are exempt, i.e. do not count toward their asset limit.  Some key exempt assets are:

Under [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section13 s 13 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section12 s 12 of the EAPWDR], assets of up to $200 000 can be held in a non-discretionary trust for a person with PWD status (or an applicant for PWD status, or for another individual with disabilities in certain circumstances) without disqualifying the person from income assistance or disability assistance.  In certain circumstances, the Ministry can authorize a non-discretionary trust to hold more than $200 000. There is no limit on the amount that may be held in a discretionary trust.

Earned and unearned income is deducted dollar-for-dollar from a recipient’s monthly cheque, subject to a list of deductions and exemptions set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb ss 1-9 of Schedule B] of EAR and in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb ss 1-9 of Schedule B of EAPWDR]. '''These sections should be carefully reviewed to determine if the applicant’s income is exempt or subject to deductions.'''

Recipients of income assistance, PPMB assistance, and disability assistance all have an earnings exemption.  The earnings exemption for income assistance and PPMB assistance is monthly; as of January 1, 2015, the earnings exemption for recipients of disability assistance is calculated per year (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.

If a child is under 19 and in school full-time, a family unit can still keep the entirety of that child’s income without it affecting their  benefits (although the child’s income must still be reported to the Ministry). If a child is under 19 and not in school full time, then any income the child earns counts toward the family unit’s earnings exemption. For more information on earnings exemptions, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduleb EAPWDR schedule B], s 3, and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleb EAR, schedule B], s 3.  

== E. Citizenship Requirements ==

The only exception to these citizenship requirements is that some parents without status who have been abused, may be eligible for temporary assistance (see below).  

Where an applicant for, or recipient of, income assistance, PPMB assistance, or disability assistance meets the citizenship 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 assets and income of the person who does not meet the citizenship requirements will be included when determining the household’s income and assets.  

===1. Single parents without status who have been abused===

A single parent who does not meet the requirements for citizenship, permanent residency, refugee status, or temporary residence might be eligible for welfare on a temporary basis if he or she has:  

**another person who lives in BC has parenting (also called custody and access) or contact (visitation) rights with at least one of the person’s dependent children through a court order, agreement, or other arrangement, AND leaving BC with his or her children would go against the court order; OR  

**The parent or child is being treated for a medical condition and leaving BC would be dangerous to that person’s physical health.  

'''Note: The parent should also be excused from the work search and the past financial independence requirements.'''

Generally, a person must be 19 years of age in order to apply independently for welfare, but there are some circumstances where those under 19 may (or must) apply for welfare. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section5 s 5 of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section5 s 5 of EAPWDR]. Minors under 19 who do not live with their parents or guardians have the right to apply for income assistance from the Ministry. To qualify, the Ministry has to be convinced that their parents will not support them.  

The Ministry will refer minors under 17 who apply for income assistance to a social worker with the Ministry of Child and Family Development before assistance is provided. The Ministry will refer minors between 17 and 19 to a social worker only if it considers there to be child protection issues.

Disabled youths may be eligible for the PWD designation and disability assistance at the age of 18, even if they live with their parents. To qualify, a youth must have a severe mental or physical impairment that, in the opinion of a medical practitioner, is likely to continue for at least two years. Additionally, this impairment must directly and significantly restrict the person’s ability to perform daily living activities either continuously or periodically for extended periods, in the opinion of a health professional. Finally, as a result of those restrictions,  the person must require help to perform those activities (see [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(2) of the EAPWDA]). An application for PWD benefits can be started 6 months  before the youth’s 18th birthday.  

If a child is under 19, has a dependent child, and lives with his or her own parent who is also on income assistance, PPMB assistance, or disability assistance, the Ministry may consider the two sets of parents as separate family units. This change would mean that both might both be entitled to a shelter allowance in addition to a support allowance. The Ministry’s decision will depend on the child’s age. For more information, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section5 s 5 of the EAR].   

Youths aged 16 to 18 years who have left home and do not have a parent or other persons willing to take responsibility for him or her, or who cannot return home for reasons of safety, may be eligible for a Youth Agreement with the Ministry of Child and Family Development (“MCFD”). A  Youth Agreement assists at-risk youth to live independently, return to school, and gain work experience or life skills. For more information on whether a person qualifies, contact the nearest MCFD office. Also see http://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/youth-agreements.

Applicants are eligible for all forms of welfare only after they take full advantage of every source of income, asset, or other means of support that is or might become available to them or to their dependants.   

Applicants may become ineligible for assistance if they “dispose of property” for consideration that the Ministry thinks is inadequate. This means that a person cannot, for example, give away a valuable asset and then remain eligible for welfare. For details, see [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#section13 EAA, ss 13-14]; EAR, ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 29]  and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section31 31]; [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#section12 EAPWDA, ss12-13]; and EAPWDR, ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 25] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section27 27].  

If an applicant or his or her dependants fail to take advantage of other resources that they might use to support themselves, or if they dispose of assets for inadequate consideration, the Ministry can reduce the amount of assistance granted to the family unit or declare the family unit ineligible for a period set by the regulations (see EAR, ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 29] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section31 31]; EAPWDR, ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 25] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section27 27]). Some ineligible persons may be considered for hardship benefits if they agree to repay the amount they receive.

=== 1. No Obligation to Assign Child Support Rights ===

Until May 1, 2015, applicants for and recipients of welfare were required to assign to the Ministry any rights they had to pursue or respond to legal proceedings involving maintenance for their dependent children (i.e. child support) and for themselves (i.e. spousal support). That requirement has been repealed. Currently, a person applying for or receiving welfare has the choice whether or not to assign their right to pursue child or spousal support to the Ministry. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section20 section 20 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section17 section 17 of the EAPWDR].  

As of September 1, 2015, the Ministry no longer considers child support payments received to be unearned income, and child support will not be deducted from welfare cheques.   

To obtain disability assistance, a person must show that they qualify under [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(2) of the EAPWDA] definition of “person with disabilities” (“PWD”).  This section defines a “person with disabilities” as a person over 18 with a severe mental or physical impairment that:

*a) A person who is considered to be disabled under s 42 (2) of the Canadian Pension Plan (Canada) (that is, the person is receiving CPP disability benefits);  

*d) A person who has at any time been determined by Community Living British Columbia to be eligible to receive community living support under the Community Living Authority Act;  

== M. Persistent Multiple Barriers (PPMB) ==