I'm Being Investigated by the Welfare Ministry

If the Ministry of Social Development believes that you have received welfare benefits you shouldn't have, they may ask you to repay them. The same applies for the Administering Authority for welfare on an Indian reserve. This is called an overpayment. If they believe that you have received the benefit through fraud, they will investigate and may have you charged with an offence under the Criminal Code or provincial welfare laws. Fraud means receiving assistance as a result of providing information that you know is false or misleading.

Take any accusation of welfare fraud very seriously. There are serious consequences of being convicted of welfare fraud: either a ban from receiving welfare for one or two years, or even a ban for life. (The exception is that if you have dependent children or a spouse, your family's benefits will be reduced instead of cut off.)

First steps

1. If you are being investigated by the Ministry, contact an advocate for help. (See the listing for PovNet in the Resource List of this Guide for contact and website information for welfare advocates in your area.)
2. If you are being investigated and think you may be charged with welfare fraud, immediately contact a lawyer for advice. Many criminal lawyers will provide some advice at no charge. Use the Internet to search for criminal lawyers in your area or see the Yellow Pages. It is almost always advisable that you don't discuss the accusation with a Ministry investigator before you have spoken with a lawyer.
3. If you are charged with welfare fraud under the Criminal Code or the provincial welfare law, look at the section in this Guide "I've been charged with a criminal (or youth) offence and have to go to court." Make sure that you apply for legal aid, for a criminal lawyer to represent you.

Many criminal lawyers are not aware that welfare benefits are affected if you are convicted of fraud in relation to welfare benefits. Make sure you or your welfare advocate tell your lawyer this information. Give your lawyer a copy of the publications about fraud charges and social assistance described below under "Where to get help."

What happens next

The Ministry will continue their investigation and will probably want to speak with you. This can be tricky. You have to provide certain information to the Ministry in order to continue receiving benefits, but it is generally not a good idea to discuss anything with them that could lead to a criminal charge and conviction. Be guided by legal advice, and speak with a welfare advocate about what information you need to provide to the Ministry in order to continue receiving benefits.

Where to get help

See the Resource List of this Guide for a list of helpful resources. Your best bets are:

• Legal aid representation, to see if you qualify for legal aid.
• Criminal duty counsel, to see if you qualify for assistance if you have to appear in court.
• PovNet, including their Find an Advocate" feature for welfare advocates near you.
• Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
• The Legal Services Society publications: "What You Need to Know About Fraud Charges and Social Assistance," and "Criminal Charges and Social Assistance."

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Alison Ward, January 2013.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

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