Difference between revisions of "Welfare Eligibility (21:III)"
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(LSLAP Chapter Update 2017) |
(LSLAP Chapter Update 2017) |
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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 That requirement has been repealed.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 section 20 of the EAR and section 17 of the EAPWDR. | 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 That requirement has been repealed.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 section 20 of the EAR and section 17 of the EAPWDR. | ||
==== a | ==== a) Child support not considered income ==== | ||
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. | 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. | ||
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*withdraw the order from FMEP; | *withdraw the order from FMEP; | ||
If a client decides to withdraw an order or agreement from registration with FMEP, the client can still try to enforce the order themselves through the court (i.e. collect on child support payments or arrears) procedures set out in the ''Family Maintenance Enforcement Act'', RSBC 1996, c 127. | If a client decides to withdraw an order or agreement from registration with FMEP, the client can still try to enforce the order themselves through the court (i.e. collect on child support payments or arrears) procedures set out in the ''Family Maintenance Enforcement Act'', RSBC 1996, c 127. | ||
==== b) Spousal Support still considered income ==== | ==== b) Spousal Support still considered income ==== | ||