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

MSDSI staff are empowered (by s 10 of the EAA and s 10 of the EAPWDA) to require welfare applicants and recipients to demonstrate their eligibility by providing relevant information.   MSDSI employees are also empowered to independently verify that information.   

At the same time, welfare recipients are obliged to respond to enquiries by MSDSI, submit reports to MSDSI as requested, and alert MSDSI to any  changes in their circumstances that may affect their eligibility (s 11 of EAA and s 11 of EAPWDA). Section 33(1) of the EAR requires that by the fifth day of each calendar month a recipient of income assistance or PPMB assistance must submit a report (in a prescribed form) giving relevant information about eligibility. Meanwhile, s 29 of the EAPWDR requires that those on disability assistance submit the form only when  there is a change in their circumstances that may affect their eligibility for benefits (e.g. change in their assets, income, or familysituation).   

Note that a “trusted third party” must witness many MSDSI forms. This can be a welfare worker (EAW) or other MSDSI staff. If an applicant cannot get to a Ministry office in person, the Ministry may accept a signature from another government worker or a prescribed professional (doctor, nurse, nurse practitioner, social worker, psychologist, chiropractor, or physical/occupational therapist).  

*assign any spousal support rights to MSDSI   (effective May 1, 2015, the assignment of child support rights to MSDSI is voluntary).  

*have been financially independent for two years in the past (with some exceptions as discussed below);  

*comply with employment-related obligations and an employment plan (with some exceptions, discussed below).  

Those wishing to receive disability assistance or PPMB assistance must first show they qualify for PPMB or PWD status under the relevant sections of the legislation (s 2 of the EAA for PPMB status, and s 2 of the EAPWDA for PWD status).   

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 Part 4 of EAR and 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”.   Accordingly, the EAR (ss 11-13) and the 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. and note in particular the definitions  of “asset”, which is set out in s 1 of the EAR and EAPWDR.  

The following table summarizes the asset limits for different family sizes applying for or receiving different forms of welfare. A more detailed table is available at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employmentt-and-assistance-rate-tables/asssets-rate-table.  

Sections 11(1) of EAR and 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:  

*vehicles (limit one per household and only if used for day-to-day transportation needs) A person who is applying for or receiving income assistance or PPMB assistance, can have a vehicle with up to $10 000 equity in it as an exempt asset. This equity limit does not apply to someone applying for or receiving disability assistance, whose primary vehicle is exempt with no limit on the amount of equity in it. The equity limit also does not apply to people receiving or applying for income assistane or PPMB benefits if the disability-related conditions in section 10(4) of the EAR are met. For all applicants and recipients, a second vehicle is not exempt and is counted toward asset exemption limits.;

*a registered disability savings plan or “RDSP” (see http://www.rdsp.com for more information);  

Section 12 of the EAR and s 11 of the EAPWDR provide that the MSDSI may approve savings accounts for the purpose of “future self-sufficiency”, and that these accounts will be exempt assets.   

Under s 13 of the EAR and 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. There is no limit on the amount that may be held in a discretionary trust.