Anonymous

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

From Clicklaw Wikibooks
Line 19: Line 19:
== B. Obligation to Provide Information to the Ministry==
== B. Obligation to Provide Information to the Ministry==


Ministry 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.  Ministry employees are also empowered to independently verify that information.   
Section 10 of the EAA and Section 10 of the EAPWDA empower Ministry staff to require welfare applicants and recipients to demonstrate eligibility by providing relevant information.  Ministry employees also have power to independently verify that information.   


At the same time, welfare recipients are obliged to respond to enquiries by the Ministry, submit reports to the Ministry as requested, and alert the Ministry 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 family situation).   
At the same time, welfare recipients must respond to enquiries by the Ministry, submit reports to the Ministry as requested, and alert the Ministry 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 provides 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 family situation).   


If an applicant fails to comply with the Ministry’s requirements to provide accurate information on factors affecting eligibility, this may result in the suspension or reduction of benefits.
If an applicant fails to comply with the Ministry’s requirements to provide accurate information on factors affecting eligibility, this may result in the suspension or reduction of benefits.
Line 35: Line 35:
To be eligible, applicants must also:   
To be eligible, applicants must also:   
*Pursue all other forms of support;   
*Pursue all other forms of support;   
*Assign any spousal support rights to the Ministry (effective May 1, 2015, the assignment of child support rights to the Minsitry is voluntary).
*Have been financially independent for two years in the past (with some exceptions as discussed below);
*Complete a three or five-week work search (with some exceptions as discussed below); and
*Complete a three or five-week work search (with some exceptions as discussed below); and
*Comply with employment-related obligations and an employment plan (with some exceptions, 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).  
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 EAR 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.
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.
5,109

edits