Special Situations and Welfare (21:IV): Difference between revisions

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'''Aboriginal Legal aid in BC website: ''' <br/>
'''Aboriginal Legal aid in BC website: ''' <br/>
Income assistance on reserve section at: <br/>
Income assistance on reserve section at: <br/>
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php  
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php
 
'''Agreements Respecting the Declaration on the Rights of Indigenous Peoples Act'''
 
Effective March 14, 2024, Part 3.1 of the ''EAA'' and Part 3.1 of the ''EAPWDA'' were introduced.  These sections give the Ministry the power to enter into decision making agreements, or power or duty agreements, negotiated and entered  into under sections 6 and 7 of the ''Declaration on the Rights of Indigenous Peoples Act''. 
 
Section 26.2 of the ''EAA'' and section 17.2 of the ''EAPWDA'' now provide that the ''EAA'' and ''EAPWDA'' must be interpreted and administered in accordance with the principle that Indigenous peoples have inherent rights of self-government and self-determination that are recognized and affirmed by section 35 of the ''Constitution Act'', 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.


== B. Adults Aged 19-26 Who Were in Foster Care ==
== B. Adults Aged 19-26 Who Were in Foster Care ==

Revision as of 22:55, 8 August 2025

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 26th, 2024.



A. People Living on a First Nations Reserve

People (whether Indigenous or non-Indigenous) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Indigenous and Northern Affairs Canada.

For Indigenous persons living off a reserve, the usual policies and procedures for qualifying for welfare through the Ministry apply. For more information, see the following Legal Aid Publications:

Aboriginal Legal aid in BC website:
Income assistance on reserve section at:
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php

Agreements Respecting the Declaration on the Rights of Indigenous Peoples Act

Effective March 14, 2024, Part 3.1 of the EAA and Part 3.1 of the EAPWDA were introduced. These sections give the Ministry the power to enter into decision making agreements, or power or duty agreements, negotiated and entered into under sections 6 and 7 of the Declaration on the Rights of Indigenous Peoples Act.

Section 26.2 of the EAA and section 17.2 of the EAPWDA now provide that the EAA and EAPWDA must be interpreted and administered in accordance with the principle that Indigenous peoples have inherent rights of self-government and self-determination that are recognized and affirmed by section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.

B. Adults Aged 19-26 Who Were in Foster Care

Youth that were in care when they turned 19, and that are now aged 19 to 26 years old, may be eligible for further benefits from the MCFD. One can apply for these if one was in any of the following arrangements:

  • The custody of a director or permanent custody of the Superintendent;
  • The guardianship of a director of adoption;
  • The guardianship of a director under the Family Relations Act; or
  • A Youth Agreement.

If one meets the two requirements above, then they may be eligible for $1,250 a month in supports from the MCFD. For further information please see the following link:

https://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/teens-in-foster-care/agreements-with-young-adults


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