Governing Legislation and Resources for Welfare (21:II): Difference between revisions
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{{REVIEWED LSLAP | date= July | {{REVIEWED LSLAP | date= July 30, 2021}} | ||
{{LSLAP Manual TOC|expanded = welfare}} | {{LSLAP Manual TOC|expanded = welfare}} | ||
Revision as of 20:30, 4 August 2021
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 30, 2021. |
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 41 [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 the Ministry 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 or regulation in its entirety and to scan the legislation for other relevant sections. 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.
C. Referrals
See Chapter 22: Referrals for additional referrals.
Community Legal Assistance Society (CLAS)
- May advise on general welfare matters and help clients with judicial reviews.
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Disability Alliance of BC
- 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 MSDPR needed to qualify for welfare disability assistance. Disability Alliance of BC also hosts a disability law clinic that may assist with general welfare issues and judicial reviews.
- Has also created a library of useful help sheets about disability assistance from the Ministry, and guides to applications and appeals ([1])
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First United Church
- 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.
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Kettle Friendship Society Advocacy Centre
- 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).
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Downtown Eastside Women's Centre
- Focuses on providing legal and non-legal support and advocacy for women with mental health issues.
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ATIRA Women's Resource Society
- Focuses on providing support for abused women and women on the downtown eastside. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.
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AIDS Vancouver Community Resource Centre
- Can provide case management services and possible short-term financial assistance to persons living with HIV/AIDS.
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Povnet: Find an Advocate
- A service for finding other advocates and organization that can help with welfare issues in all parts of BC.
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D. Useful Publications and Outside Agencies
In addition to this LSLAP manual chapter, other useful publications include:
- BC Disability Benefits Help Sheets. Disability Alliance BC publishes 19 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions. This includes a guide on COVID-19 Supports and Programs.
- How to Apply for welfare, Applying for welfare online and Welfare Benefits: plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
- How to apply for Welfare: https://lss.bc.ca/publications/pub.php?pub=491
- Applying for Welfare Online: https://lss.bc.ca/publications/pub.php?pub=497
- Welfare Benefits: https://lss.bc.ca/publications/pub.php?pub=499
- When You're on Welfare: https://lss.bc.ca/publications/pub/your-welfare-rights-when-youre-welfare
- Income Assistance on Reserve in British Columbia: https://lss.bc.ca/publications/pub/income-assistance-reserve-british-columbia
E. Notable Changes to BC Welfare Law
1. Eliminated the two-year financial independence test for all welfare applicants
Prior to January 1, 2020, many people were required to show that they had been financially independent for two years before accessing welfare benefits.
As of January 1, 2020, regulation change OIC # 705 (B.C. Reg. 270/2019) removed the two-year financial independence eligibility requirement. Applicants are no longer required to demonstrate that they have been financially independent for at least two consecutive years prior to applying for assistance.
2. Changed the definition of "spouse": cohabitation period increased from 3 months to 1 year
Prior to January 1, 2020, the ministry considered two people who lived together for three months as “spouses”, if the ministry was satisfied that they were living in a marriage-like relationship, with specific aspects of dependence or inter-dependence.
The BC government has since changed the definition of “spouse” to require people to live together for one year in a marriage-like relationship before being considered spouses under the welfare legislation. Therefore, two people who live together, but are not married, cannot be deemed “spouses” until they have lived together for one year, and have specific aspects of dependence or inter-dependence. See the definition of “spouse” in section 1.1 of the EA Act and the EAPWD Act.
3. Ended the requirements to apply for Canada Pension Plan early retirement benefits:
Previously, people between the ages of 60 and 64 who received welfare (other than disability assistance) were forced to take early pension payments with the Canada Pension Plan. This means they received lower CPP retirement benefits when they turned 65.
As of January 1, 2020, people between the ages of 60 and 64 are not required to apply for federal early Canada Pension Plan (CPP) retirement benefits to be eligible for income or disability assistance, or to avoid a reduction in the amount of their assistance. Applicants and recipients of early CPP have the option to cancel the CPP early retirement benefit up to six months after it starts. In order to do so, they must request cancellation in writing and pay back to the federal government the benefits they have received.
4. Expanded supplements for people receiving hardship assistance: alcohol or drug treatment.
Previously, hardship assistance recipients were not eligible for supplements for addiction treatment and special care.
As of January 1, 2020, supplements for addiction treatment and special care were expanded to recipients of hardship assistance. Recipients of hardship assistance now have the same access to supplements for alcohol or drug addiction treatment and counselling or related services as recipients of income assistance.
5.Security, pet and utility deposits
Previously, a person on welfare usually could not have more than two repayable security deposits outstanding with the ministry, and the ministry was not able to pay pet damage deposits that a landlord can require under the Residential Tenancy Act. The government has since removed the limit on the number of housing security deposits people on assistance can access and has introduced a repayable supplement for pet damage deposits.
See The monthly repayment rate for deposit debt including for repayable security deposits, pet damage deposits and utility deposits is $20 unless a greater amount is consented to.
For more information on repayable pet deposit supplements visit the Ministry policy at:
Crisis supplements for housing-related costs when a person on welfare has an unexpected need related to their housing costs, which threatens the health of someone in the family or risks removal of their children, are no longer limited to a family unit’s maximum shelter rate. Crisis supplements for housing related costs can now be issued for a family for up to a family unit’s monthly benefit rate. See section 59 of the EA Regulation and section 57 of the EAPWD Regulation.
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