2,734
edits
Difference between revisions of "Welfare Eligibility (21:III)"
From Clicklaw Wikibooks
Welfare Eligibility (21:III) (view source)
Revision as of 02:14, 27 September 2022
, 02:14, 27 September 2022→a) Child support not considered income
| Line 294: | Line 294: | ||
Until May 1, 2015, the Ministry required applicants for and recipients of welfare 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 no longer stands. Currently, a person applying for or receiving welfare has the choice whether 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]. | Until May 1, 2015, the Ministry required applicants for and recipients of welfare 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 no longer stands. Currently, a person applying for or receiving welfare has the choice whether 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 | ==== 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 will not deduct child support from welfare cheques. | As of September 1, 2015, the Ministry no longer considers child support payments received to be unearned income, and will not deduct child support from welfare cheques. | ||
| Line 301: | Line 301: | ||
If a client already has a child support order or agreement enrolled for enforcement with the Family Maintenance Enforcement Program (FMEP) as of May 1, 2015, the client can now choose to either: | If a client already has a child support order or agreement enrolled for enforcement with the Family Maintenance Enforcement Program (FMEP) as of May 1, 2015, the client can now choose to either: | ||
:a) continue to have the order enforced, or; | |||
:b) 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. | ||
