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Difference between revisions of "Welfare Eligibility (21:III)"
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→1. No Obligation to Assign Child Support Rights
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If a client already has a child support order or agreement enrolled for enforcement with the Family Maintenance Enforcement Program (FMEP) as of May 1, 2015, the client can now choose to either: | If a client already has a child support order or agreement enrolled for enforcement with the Family Maintenance Enforcement Program (FMEP) as of May 1, 2015, the client can now choose to either: | ||
*a) continue to have the order enforced, or; | |||
*b) withdraw the order from FMEP; | |||
If a client decides to withdraw an order or agreement from registration with FMEP, the client can still try to enforce the order themselves through the court (i.e. collect on child support payments or arrears) procedures set out in the ''Family Maintenance Enforcement Act'', RSBC 1996, c 127. | |||
=== 2. Assignment of Spousal Support === | |||
An applicant for welfare is still required to assign any right they have to spousal support to the Ministry, and any spousal support received will be deducted dollar-for-dollar as unearned income. Where a welfare applicant or recipient’s ex-partner is abusive toward them, it is important for the person to disclose this to MSDSI. MSDSI’s policy provides discretion not to pursue spousal support under an assignment where doing so could put the applicant or recipient at risk. For more information, see MSDSI’s risk assessment policy at http://www.gov.bc.ca/meia/online_resource/family_maintenance_program/fmp/policy.html#7 | |||
== H. Two Years’ Past Financial Independence Requirement == | |||
The EAA, s 8 and the EAR, s 18 state that in order to be eligible for income assistance, applicants must show that they have been financially independent for two consecutive years at some point in the past. This usually involves showing they have: | |||
*worked for 840 hours a year for two consecutive years; | |||
*earned at least $7 000 a year for two consecutive years; or | |||
*worked for part of a two-year period, and collected Employment Insurance or another income replacement (excluding income assistance or a training allowance) for the rest of the two-year period. | |||
This requirement does not apply to applicants for PPMB assistance or disability assistance and there are numerous other exemptions including, among other things (EAR, s 18(3) and (4)): | |||
*people under 19; | |||
*pregnant women; | |||
*people with dependent children; | |||
*people who have recently left an abusive relationship and this has affected their ability to work; | |||
*people who were supported by an employed spouse or supported by a combination of an employed spouse and other benefits for two years; | |||
*people whose medical condition prevented them from working for at least six of the last 24 months or will prevent them from working for the next 30 days; | |||
*people who have earned a two-year certificate or diploma, bachelor’s degree, or post-graduate degree; | |||
*and people who were in prison for at least 6 months of the past 2 years. | |||
