Welfare Eligibility (21:III): Difference between revisions
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== E. Citizenship Requirements == | == E. Citizenship Requirements == | ||
Under s 7 of the EAR and s 6 of the EAPWDR, at least one person in a family unit that is applying for or receiving income assistance, PPMB assistance, or disability assistance must be a: | Under [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section7 s 7 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedule6 s 6 of the EAPWDR], at least one person in a family unit that is applying for or receiving income assistance, PPMB assistance, or disability assistance must be a: | ||
*Canadian citizen; | *Canadian citizen; | ||
*Permanent Resident; | *Permanent Resident; | ||
*Convention refugee; | *Convention refugee; | ||
*Person on a Temporary Resident Permit; | *Person on a Temporary Resident Permit; | ||
*Refugee claimant; | *Refugee claimant; | ||
*Person under a removal order that cannot be executed. | *Person under a removal order that cannot be executed. | ||
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**The parent or child is being treated for a medical condition and leaving BC would be dangerous to that person’s physical health. | **The parent or child is being treated for a medical condition and leaving BC would be dangerous to that person’s physical health. | ||
'''For more information, see s 7.1 of the EAR, and s 6.1 of the EAPWDR.''' | '''For more information, see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section7.1 s 7.1 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section6.1 s 6.1 of the EAPWDR].''' | ||
'''Note: The parent should also be excused from the work search and the past financial independence requirements.''' | '''Note: The parent should also be excused from the work search and the past financial independence requirements.''' | ||
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== F. Age Requirements == | == F. Age 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 s 5 of EAR and 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. | 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. | ||
=== 1. Income Assistance for Children and Youth === | === 1. Income Assistance for Children and Youth === | ||
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=== 2. Disability Assistance for youth 18 and over === | === 2. Disability Assistance for youth 18 and over === | ||
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 | 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. | ||
=== 3. Welfare for Teenaged Parents Living at Home === | === 3. Welfare for Teenaged Parents Living at Home === | ||
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 s 5 of the EAR. | 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]. | ||
Other options: | Other options: | ||
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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 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 EAA, ss 13-14; EAR, ss 29 and 31; EAPWDA, ss12-13; and EAPWDR, ss 25 and 27. | 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 29 and 31; EAPWDR, ss 25 and 27). Some ineligible persons may be considered for hardship benefits if they agree to repay the amount they receive. | 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 === | === 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 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 [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]. | ||
==== a) Child support not considered income ==== | ==== a) Child support not considered income ==== | ||
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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 | 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 ==== | ||
While the Ministry no longer requires an applicant for or recipient of to assign their right to pursue spousal support to the Ministry, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If the Ministry considers that a person has a right to spousal support, but the person does not pursue it (either independently or by assigning their spousal support right to the Ministry), the Ministry may reduce the amount of assistance granted to the person’s family unit or declare the family unit ineligible for a period set by the regulations (see EAR, ss 29 and 31; EAPWDR, ss 25 and 27). | While the Ministry no longer requires an applicant for or recipient of to assign their right to pursue spousal support to the Ministry, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If the Ministry considers that a person has a right to spousal support, but the person does not pursue it (either independently or by assigning their spousal support right to the Ministry), the Ministry may reduce the amount of assistance granted to the person’s 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]). | ||
If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry policy provides discretion not to pursue spousal support under an assignment where doing so could put the applicant or recipient at risk. For more information, see the Ministry’s risk assessment policy at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services | If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry policy provides discretion not to pursue spousal support under an assignment where doing so could put the applicant or recipient at risk. For more information, see the Ministry’s risk assessment policy at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services | ||
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== I. Three-Week Work Search == | == I. Three-Week Work Search == | ||
All new applicants, including persons with disabilities, must go through the two-stage application process set out in | All new applicants, including persons with disabilities, must go through the two-stage application process set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section4 ss 4, 4.1 and 4.2 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4 ss 4], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.1 4.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.2 4.2] of the EAPWDR. (See the Legal Services Society’s “How to Apply for Welfare” information booklet for more information: https://lss.bc.ca/publications/pub.php?pub=491). | ||
All applicants for welfare must (unless they are exempt as set out below) wait three weeks to apply for benefits after completing stage 1 of the welfare application. During this three-week period they must complete a job search. | All applicants for welfare must (unless they are exempt as set out below) wait three weeks to apply for benefits after completing stage 1 of the welfare application. During this three-week period they must complete a job search. | ||
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An applicant required to do a job search must keep clear records to prove to the Ministry what they have done to look for work. The Ministry assesses the reasonableness of a job search on a case-by-case basis. Generally, a reasonable work search usually includes things like writing up a resume; looking for jobs on the internet, by phone, and through personal contacts; submitting applications or resumés; going to job search workshops; going to employment agencies; asking for "job shadowing opportunities"; and going to job interviews. | An applicant required to do a job search must keep clear records to prove to the Ministry what they have done to look for work. The Ministry assesses the reasonableness of a job search on a case-by-case basis. Generally, a reasonable work search usually includes things like writing up a resume; looking for jobs on the internet, by phone, and through personal contacts; submitting applications or resumés; going to job search workshops; going to employment agencies; asking for "job shadowing opportunities"; and going to job interviews. | ||
Certain groups are exempt from work search requirement. | Certain groups are exempt from work search requirement. See ss 4.1(4),(5), and (6) and s 4.2(5) of each Regulation ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section4.1 EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section4.1 EAPWDR]). An applicant does not have to do a work search if they: | ||
*Face prohibition from working in Canada; | *Face prohibition from working in Canada; | ||
*Are age 65 or over; | *Are age 65 or over; | ||
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== J. Ongoing Employment Obligations: Employment-related Obligations and Employment Plans == | == J. Ongoing Employment Obligations: Employment-related Obligations and Employment Plans == | ||
If the Ministry considers a recipient of welfare benefits to be employable, the person will have “employment-related obligations” under s 13 of the EAA and s 29 of the EAR. This means that they must actively look for work and accept any job offer that the Ministry considers “suitable” (appropriate). They must also not refuse suitable employment. For more information, see “Failure to meet employment-related obligations” under section III below. | If the Ministry considers a recipient of welfare benefits to be employable, the person will have “employment-related obligations” under [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 s 13 of the EAA] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 s 29 of the EAR]. This means that they must actively look for work and accept any job offer that the Ministry considers “suitable” (appropriate). They must also not refuse suitable employment. For more information, see “Failure to meet employment-related obligations” under section III below. | ||
The Ministry exempts certain persons from having employment-related obligations; see EAR s 29(4) for details. For example, people with PPMB status or the PWD designation, single parents of children under 3, and people 65 and over do not have employment-related obligations. Recipients of assistance who have employment-related obligations must also have an Employment Plan (EP) under s 9 of the EAA. The Ministry may require even recipients with certain barriers to employment, such as drug and alcohol problems or other medical conditions, to follow an EP. However, the Ministry must tailor the EP to the abilities and skills of the recipient. EPs for recipients under the age of 19 focus on completing high school. | The Ministry exempts certain persons from having employment-related obligations; see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29(4)] for details. For example, people with PPMB status or the PWD designation, single parents of children under 3, and people 65 and over do not have employment-related obligations. Recipients of assistance who have employment-related obligations must also have an Employment Plan (EP) under [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#section9 s 9 of the EAA]. The Ministry may require even recipients with certain barriers to employment, such as drug and alcohol problems or other medical conditions, to follow an EP. However, the Ministry must tailor the EP to the abilities and skills of the recipient. EPs for recipients under the age of 19 focus on completing high school. | ||
An EP outlines the conditions (activities and expectations) that the Ministry thinks a person must complete to become employed or more employable and includes a timeframe. The EP may include independent work search, referral to job placement programs, specific training for employment, or other services. Recipients must complete an activity report monthly while they are looking for work, and every second month once they obtain work, until they become independent of income assistance. | An EP outlines the conditions (activities and expectations) that the Ministry thinks a person must complete to become employed or more employable and includes a timeframe. The EP may include independent work search, referral to job placement programs, specific training for employment, or other services. Recipients must complete an activity report monthly while they are looking for work, and every second month once they obtain work, until they become independent of income assistance. | ||
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== L. Persons With Disabilities (PWD) Designation == | == L. Persons With Disabilities (PWD) Designation == | ||
To obtain disability assistance, a person must show that they qualify under 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: | 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: | ||
*in the opinion of a medical practitioner or nurse practitioner is likely to continue for at least two years; and | *in the opinion of a medical practitioner or nurse practitioner is likely to continue for at least two years; and | ||
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*Help from an assistance animal (such as a guide dog). | *Help from an assistance animal (such as a guide dog). | ||
:'''NOTE:''' In ''Hudson v. Employment and Assistance Appeal Tribunal'', 2009 BCSC 1461, the BC Supreme Court made several important findings | :'''NOTE:''' In ''Hudson v. Employment and Assistance Appeal Tribunal'', 2009 BCSC 1461, the BC Supreme Court made several important findings about the eligibility criteria for persons with disabilities designation under the [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 EAPWDA]. For a helpful summary of the findings in Hudson, the Community Legal Assistance Society has published a summary online at: http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252006/PWD_Eligibility_Summary_HUDSON.pdf?1401252006 | ||
=== 1. Simplified PWD Application for Certain Applicants === | === 1. Simplified PWD Application for Certain Applicants === | ||
As of September 1, 2016, certain applicants need only complete a simplified two-page form to qualify for designation as a Person with Disabilities for the purposes of s 2(2) of the EAPWDA. Under the EAPWDR s 2.1, an applicant must be one of the following to qualify for the simplified form: | As of September 1, 2016, certain applicants need only complete a simplified two-page form to qualify for designation as a Person with Disabilities for the purposes of [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]. Under the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section2.1 EAPWDR s 2.1], an applicant must be one of the following to qualify for the simplified form: | ||
*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); | *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); | ||
*b) A persons enrolled in Plan P (Palliative Care) under the Drug Plans Regulation, BC Reg. 73/2015; | *b) A persons enrolled in Plan P (Palliative Care) under the Drug Plans Regulation, BC Reg. 73/2015; | ||
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== M. Persistent Multiple Barriers (PPMB) == | == M. Persistent Multiple Barriers (PPMB) == | ||
To obtain PPMB (Persons with Persistent Multiple Barriers to employment) assistance, a person must first qualify for the PPMB designation under s 2 of the EAR. The criteria for the PPMB designation changed significantly on July 1, 2019. Many people who could not qualify for the PPMB designation under the old definition, may be able to meet the new July 2019 criteria if they re-apply for the PPMB designation. | To obtain PPMB (Persons with Persistent Multiple Barriers to employment) assistance, a person must first qualify for the PPMB designation under [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section2 s 2 of the EAR]. The criteria for the PPMB designation changed significantly on July 1, 2019. Many people who could not qualify for the PPMB designation under the old definition, may be able to meet the new July 2019 criteria if they re-apply for the PPMB designation. | ||
To qualify for the PPMB designation a person must: | To qualify for the PPMB designation a person must: | ||