Governing Legislation and Resources for Welfare (21:II)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 1st, 2022. |
A. Governing Legislation
The following statutes and regulations govern welfare law in BC and 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].
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, providing advocacy and assistance for welfare, housing, and other poverty law issues. Most intakes are done remotely but will see people in person where needed for urgent issues.
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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://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare
- Applying for Welfare Online: https://legalaid.bc.ca/publications/pub/your-welfare-rights-applying-welfare-online
- Welfare Benefits: https://legalaid.bc.ca/publications/pub/your-welfare-rights-welfare-benefits
- 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. Changes to Rules About Income Assistance and Students
As of July 12, 2021, all recipients of income assistance may be eligible to ask the Ministry for pre-approval to attend full-time studies for which student loans may be available (a “funded program of studies”) for up to two years. Approval is only available if the person’s employment plan has a condition requiring them to attend this program and they have been on assistance for the last 3 months (though that criterion can be waived in exceptional circumstances). Before the July 12th change, only single parents were eligible to ask the Ministry for pre-approval to be a full-time student in a funded program of studies, and approval was for one year at most.
The type of expenses that can be exempted for full-time students in a funded program of studies has also been expanded. Suppose the student receives funding such as money from a RESP, grants, bursaries, scholarships, a training allowance, or student funding (not including funds from student loans). In that case, an amount for “education-related living costs” can now be exempted from their awards, in additional to amounts for day care costs or education costs. This new exemption for “educated-related living costs” means “the costs, other than education costs, including the costs of food, shelter, clothing, utilities and other living expenses, that, in the opinion of the minister, are reasonably required for the student to participate in the program of studies.”
One can find more information at the following link: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/education-and-training
NOTE: The rules about disability assistance and students have not changed. People on disability assistance, and their dependents, may be eligible to receive disability assistance while attending education or training programs.
2. Changes to Disability and Income Assistance Shelter Payments
Previously, one could only receive shelter payments if they could show that they were paying for rent, a mortgage, or various other related expenses. This meant there was a minimum of $0 and a maximum of $375 for a single person. Now, no matter what your shelter costs are, a single person is guaranteed a minimum $75 shelter allowance each month. Larger family units (e.g., couples, or single parents and couples with kids) have a higher minimum shelter rate. This change means that people who are unhoused or living in vehicles, for example, will have some access to shelter benefits.
3. New Indigenous Settlement Payment Exemptions:
The following recent settlement payments are exempt from the Ministry’s income and asset rules:
- Williams Treaties Settlement Agreement signed August 22, 2018;
- Missanabie Cree First Nation Treaty Land Entitlement Settlement Agreement signed April 24, 2020;
- Peepeekisis Cree Nation File Hills Colony Specific Claim Settlement Agreement signed March 23, 2021;
- Money transfer from the Seabird Island Indian Reserve in 1959 by the Government of Canada to the Seabird Island Band and the distribution of shared trust funds on a per capita basis
4. Tenant Compensation: New Exemptions
Effective September 13, 2021, new sections were added to the EAR and EAPWDR, which exempt “a single payment or a series of payments” that are paid in relation to a person’s “loss of the residential use of premises” as income and as an asset.
The new exemption rules are very broad. The Regulations provide that compensation is exempt as unearned income and as an asset:
- If the person was a “tenant’ under the Residential Tenancy Act or the Manufactured Home Park Tenancy Act, or was a licensee, occupant, or lessee or “had a similar right or permission to use the premises for residential purposes;”
- If it is paid for a full or partial compensation for loss of the residential use of premises, including for “eviction, relocation, demolition, temporary displacement during repair, renovation or redevelopment, or as an inducement to cease or suspend residential use.”
- If the money is paid under a contract, policy or enactment, or paid voluntarily at the discretion of the person responsible for the residential premises (i.e., landlord, owner, manager or person in a similar position).
- Whether it is a one-time payment or a series of payments.
The Ministry uses the term “tenant compensation” to refer to this new exemption. There is a new policy on “tenant compensation” in the “income treatment and exemptions” section of the Ministry policy manual. The policy provides that “tenant compensation for moving costs are not to be considered resources when determining eligibility for the Moving, Transportation, and Living Costs Supplement.”
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.
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:
6. One Time GIS Payment for those that Received Pandemic Benefits
The Government of Canada is providing a one-time grant payment to Guaranteed Income Supplement (GIS) and Allowance recipients who received the Canada Emergency Response Benefit or the Canada Recovery Benefit in 2020.
The one-time grant payments will be for those who qualified and received pandemic benefits in 2020 and who then faced a reduction or loss of GIS benefits in July 2021.
This one-time GIS payment is exempt from both the Ministry’s income and asset rules. It still needs to be reported to the Ministry like all other money or things someone receives, but it will not affect the person’s eligibility for ongoing benefits.
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