Governing Legislation and Resources for Welfare (21:II): Difference between revisions

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{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


== A. Governing Legislation ==


Welfare law in BC is governed by the following statutes and regulations, all of which are available at [http://www.bclaws.ca www.bclaws.ca]:
''Employment and Assistance Act'', SBC 2002, c 40, [EAA];
''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR];
''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 40 [EAPWDA]; and
''Employment and Assistance for Persons with Disabilities Regulation'', BC Reg 265/2002 [EAPWDR].
Forms regulations under the EAA and EAPWDA create many of the forms that MSDSI uses in administering welfare. See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010.
Please keep in mind the following important points when dealing with a welfare law issue.
* '''Be current.''' The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important to check the BC Laws website and confirm that one is dealing with the most current legislation.
* '''Be comprehensive.''' Be sure to read the relevant section of the appropriate act of regulation in its entirety and to scan the legislation for other relevant section. The legislation is complex and often a number of provisions work together to govern a particular program or benefit.
* '''Be alert to mandatory versus discretionary wording.''' Welfare legislation contains a mix of mandatory provisions (requiring the government to do or provide something) and discretionary provisions (which permit, but do not require, the government to act in a particular way). Consider whether the legislative provisions relevant to the client's case are mandatory or discretionary.
== B. Referrals ==
See '''Chapter 22: Referrals''' for additional referrals.
=== Community Legal Assistance Society (CLAS) ===
{{ResourcesLSLAP
| address = 300 - 1140 West Pender Street <br /> Vancouver, B.C., V6E 4G1
| phone = (604) 685-3425 <br /> Fax: (604) 685-7611
| online = [http://www.clasbc.net/ Website] <br />
}}
* May advise on general welfare matters and help clients with judicial reviews.
=== B.C. Public Interest Advocacy Centre ===
{{ResourcesLSLAP
| address = 208 - 1090 West Pender Street <br /> Vancouver, B.C.,  V6E 2N7
| phone = (604) 687-3063 <br /> Fax: (604) 682-7896
| online = [http://www.bcpiac.com/ Website] <br /> E-mail: bcpiac@bcpiac.com}}
* May help with appeals and judicial reviews.
=== Disability Alliance of BC ===
{{ResourcesLSLAP
| address = 204 - 456 West Broadway <br /> Vancouver, B.C. V5Y 1R3
| phone = (604) 872-1278 <br /> Fax: (604) 875-9227
| online = [http://www.disabilityalliancebc.org/ Website] <br />
}}
* Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from MSDSI, which is needed to qualify for welfare disability assistance.
* Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals ([http://www.disabilityalliancebc.org/money.htm www.disabilityalliancebc.org/money.htm])
=== The Canadian Human Rights Commission ===
{{ResourcesLSLAP_online
| online = [http://www.chrc-ccdp.ca Website]
}}
=== First United Church ===
{{ResourcesLSLAP
| address = 320 East Hastings Street <br /> Vancouver, B.C.,  V6A 1P4
| phone = (604) 681-8365 <br /> Fax: (604) 681-8928
| online = [http://www.firstunited.ca/advocacy/ Website] <br /> }}
* Serves the Downtown Eastside. Provides advocacy and assistance for welfare, housing, and other poverty law issues. Operates a drop-in intake clinic. Hours are posted on their website.
=== Kettle Friendship Society Advocacy Centre ===
{{ResourcesLSLAP
| address = 1725 Venables Street <br /> Vancouver, B.C.,  V5L 2H3
| phone = (604) 251-2801 <br /> Fax: (604) 251-6354
| online = [http://www.thekettle.ca/ Website] <br /> }}
* Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. Also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).
=== Downtown Eastside Women's Centre ===
{{ResourcesLSLAP
| address = 412 Cordova Street <br /> Vancouver, B.C.,  V6A 4J1
| phone = (604) 681-8480 <br /> Fax: (604) 681-8470
| online = [http://www.dewc.ca/ Website] <br /> }}
* Focuses on providing legal and non-legal support and advocacy for women with mental health issues.
=== ATIRA Women's Resource Society ===
{{ResourcesLSLAP
| address = 101 East Cordova Street, <br /> Vancouver, B.C.
| online = [http://www.atira.bc.ca/ Website] <br /> E-mail: legaladvocate@atira.bc.ca}}
* Focuses on providing support for abused women. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.
=== AIDS Vancouver Community Resource Centre ===
{{ResourcesLSLAP
| phone = (604) 695-4691 <br />
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: support@aidsvancouver.org}}
* Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS. 
=== Povnet: Find an Advocate ===
{{ResourcesLSLAP
| online = [http://www.povnet.org/find-an-advocate/ Website] <br />}}
* Can be used to find other advocates and organization that can help with welfare issues in all parts of BC.
== C. Useful Publications by Outside Agencies ==
In addition to this LSLAP manual chapter, other useful publications include:
BC Disability Benefits Help Sheets These 15 guides are published by Disability Alliance BC. They are available at http://www.disabilityalliancebc.org/money.htm and cover many areas relating to applying for benefits and appealing decisions.
Your Welfare Rights, a plain language guide published by the Legal Services Society for welfare clients and advocates. It is available at http://www.lss.bc.ca/publications/pub.php?pub=167 and gives an excellent overview of welfare issues.


{{LSLAP Manual Navbox|type=chapters15-22}}
{{LSLAP Manual Navbox|type=chapters15-22}}

Revision as of 02:38, 20 January 2017

LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
21. Welfare Law
 · I. Introduction

 · II. Governing Legislation & Resources
 · III. Eligibility
 · IV. Special Situations
 · V. Eligibility Factors
 · VI. Hardship Assistance
 · VII. Overpayments & Fraud
 · VIII. Rates & Payment Issues
 · IX. Additional Allowances & Benefits
 · X. Health Supplements

 · XI. Appeals
v • d • e



A. Governing Legislation

Welfare law in BC is governed by the following statutes and regulations, all of which are available at www.bclaws.ca:

Employment and Assistance Act, SBC 2002, c 40, [EAA];

Employment and Assistance Regulation, BC Reg 263/2002 [EAR];

Employment and Assistance for Persons with Disabilities Act, SBC 2002, c 40 [EAPWDA]; and

Employment and Assistance for Persons with Disabilities Regulation, BC Reg 265/2002 [EAPWDR]. Forms regulations under the EAA and EAPWDA create many of the forms that MSDSI uses in administering welfare. See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010.

Please keep in mind the following important points when dealing with a welfare law issue.

  • Be current. The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important to check the BC Laws website and confirm that one is dealing with the most current legislation.
  • Be comprehensive. Be sure to read the relevant section of the appropriate act of regulation in its entirety and to scan the legislation for other relevant section. The legislation is complex and often a number of provisions work together to govern a particular program or benefit.
  • Be alert to mandatory versus discretionary wording. Welfare legislation contains a mix of mandatory provisions (requiring the government to do or provide something) and discretionary provisions (which permit, but do not require, the government to act in a particular way). Consider whether the legislative provisions relevant to the client's case are mandatory or discretionary.

B. Referrals

See Chapter 22: Referrals for additional referrals.

Community Legal Assistance Society (CLAS)

Online Website
Address 300 - 1140 West Pender Street
Vancouver, B.C., V6E 4G1
Phone (604) 685-3425
Fax: (604) 685-7611


  • May advise on general welfare matters and help clients with judicial reviews.

B.C. Public Interest Advocacy Centre

Online Website
E-mail: bcpiac@bcpiac.com
Address 208 - 1090 West Pender Street
Vancouver, B.C., V6E 2N7
Phone (604) 687-3063
Fax: (604) 682-7896


  • May help with appeals and judicial reviews.

Disability Alliance of BC

Online Website
Address 204 - 456 West Broadway
Vancouver, B.C. V5Y 1R3
Phone (604) 872-1278
Fax: (604) 875-9227


  • Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from MSDSI, which is needed to qualify for welfare disability assistance.
  • Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals (www.disabilityalliancebc.org/money.htm)

The Canadian Human Rights Commission

Online Website


First United Church

Online Website
Address 320 East Hastings Street
Vancouver, B.C., V6A 1P4
Phone (604) 681-8365
Fax: (604) 681-8928


  • Serves the Downtown Eastside. Provides advocacy and assistance for welfare, housing, and other poverty law issues. Operates a drop-in intake clinic. Hours are posted on their website.

Kettle Friendship Society Advocacy Centre

Online Website
Address 1725 Venables Street
Vancouver, B.C., V5L 2H3
Phone (604) 251-2801
Fax: (604) 251-6354


  • Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. Also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).

Downtown Eastside Women's Centre

Online Website
Address 412 Cordova Street
Vancouver, B.C., V6A 4J1
Phone (604) 681-8480
Fax: (604) 681-8470


  • Focuses on providing legal and non-legal support and advocacy for women with mental health issues.

ATIRA Women's Resource Society

Online Website
E-mail: legaladvocate@atira.bc.ca
Address 101 East Cordova Street,
Vancouver, B.C.
Phone


  • Focuses on providing support for abused women. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.

AIDS Vancouver Community Resource Centre

Online Website
E-mail: support@aidsvancouver.org
Address
Phone (604) 695-4691


  • Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.

Povnet: Find an Advocate

Online Website
Address
Phone


  • Can be used to find other advocates and organization that can help with welfare issues in all parts of BC.

C. Useful Publications by Outside Agencies

In addition to this LSLAP manual chapter, other useful publications include:

BC Disability Benefits Help Sheets These 15 guides are published by Disability Alliance BC. They are available at http://www.disabilityalliancebc.org/money.htm and cover many areas relating to applying for benefits and appealing decisions.

Your Welfare Rights, a plain language guide published by the Legal Services Society for welfare clients and advocates. It is available at http://www.lss.bc.ca/publications/pub.php?pub=167 and gives an excellent overview of welfare issues.

v • d • e
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.


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