Welfare Eligibility (21:III): Difference between revisions
From Clicklaw Wikibooks
no edit summary
No edit summary |
|||
Line 277: | Line 277: | ||
==== b) Spousal Support still considered income ==== | ==== b) Spousal Support still considered income ==== | ||
While an applicant for or recipient of | While the Ministry no longer requires an applicant for or recipient of to assign their right to pursue spousal support to the Ministry, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If the Ministry considers that a person has a right to spousal support, but the person does not pursue it (either independently or by assigning their spousal support right to the Ministry), the Ministry may reduce the amount of assistance granted to the person’s family unit or declare the family unit ineligible for a period set by the regulations (see EAR, ss 29 and 31; EAPWDR, ss 25 and 27). | ||
If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry 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 the Ministry’s risk assessment policy at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services | If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry 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 the Ministry’s risk assessment policy at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services | ||
== H. Two Years’ Past Financial Independence Requirement == | == H. Two Years’ Past Financial Independence 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.''' | |||
== I. Three-Week Work Search == | |||
All new applicants, including persons with disabilities, must go through the two-stage application process set out in sss 4, 4.1 and 4.2 of the EAR and ss 4, 4.1 and 4.2 of the EAPWDR. (See the Legal Services Society’s “How to Apply for Welfare” information booklet for more information: https://lss.bc.ca/publications/pub.php?pub=491). | |||
All applicants for welfare must (unless they are exempt as set out below) wait three weeks to apply for benefits after completing stage 1 of the welfare application. During this three-week period they must complete a job search. | |||
An applicant required to do a job search must keep clear records to prove to the Ministry what they have done to look for work. The Ministry assesses the reasonableness of a job search on a case-by-case basis. Generally, a reasonable work search usually includes things like writing up a resume; looking for jobs on the internet, by phone, and through personal contacts; submitting applications or resumés; going to job search workshops; going to employment agencies; asking for "job shadowing opportunities"; and going to job interviews. | |||
Certain groups are exempt from work search requirement. See ss 4.1(4),(5), and (6) and s 4.2(5) of each Regulation (EAR and EAPWDR). An applicant does not have to do a work search if they: | |||
*Face prohibition from working in Canada; | |||
*Are age 65 or over; | |||
*Have a physical or mental condition that precludes the person from completing a search for employment as directed by the minister; | |||
*Are fleeing an abusive spouse or relative; OR | |||
*Are the single parent of a child under three (this includes foster children and some children placed in their care by MCFD). | |||
''' | '''Immediate Needs Assessment''' | ||
If someone who is applying for welfare has an immediate need for food, shelter, or urgent medical attention, their application can be expedited. A person in this situation should request an '''“immediate needs assessment”''' from the Ministry. If they are not exempt from the 3 week work search, they may qualify for (non-repayable) hardship assistance from the Ministry while they do their work search. If they are exempt from the work search. , they are to proceed directly to their stage 2 eligibility interview. The Ministry’s service standard is that a person requesting immediate needs assessment should have their situation assessed by the Ministry through a stage 2 eligibility interview, '''within one business day.''' If the Ministry is not able to do that, the service standard provides the Ministry should meet the person’s immediate need (e.g. by vouchers for food, bus tickets, shelter referral etc.) until the eligibility interview is conducted. See the Ministry’s policy on immediate needs assessments at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs | |||
== J. Ongoing Employment Obligations: Employment-related Obligations and Employment Plans == | == J. Ongoing Employment Obligations: Employment-related Obligations and Employment Plans == | ||
Line 326: | Line 308: | ||
If the Ministry considers a recipient of welfare benefits to be employable, the person will have “employment-related obligations” under s 13 of the EAA and s 29 of the EAR. This means that they must actively look for work and accept any job offer that the Ministry considers “suitable” (appropriate). They must also not refuse suitable employment. For more information, see “Failure to meet employment-related obligations” under section III below. | If the Ministry considers a recipient of welfare benefits to be employable, the person will have “employment-related obligations” under s 13 of the EAA and s 29 of the EAR. This means that they must actively look for work and accept any job offer that the Ministry considers “suitable” (appropriate). They must also not refuse suitable employment. For more information, see “Failure to meet employment-related obligations” under section III below. | ||
The Ministry exempts certain persons from having employment-related obligations; see EAR s 29(4) for details. For example, people with PPMB status or the PWD designation, single parents of children under 3, and people 65 and over do not have employment-related obligations. Recipients of assistance who have employment-related obligations must also have an Employment Plan (EP) under s 9 of the EAA. The Ministry may require even recipients with certain barriers to employment, such as drug and alcohol problems or other medical conditions, to follow an EP. However, the Ministry must tailor the EP to the abilities and skills of the recipient. EPs for recipients under the age of 19 focus on completing high school. | |||
An EP outlines the conditions (activities and expectations) that the Ministry thinks a person must complete to become employed or more employable and includes a timeframe. | An EP outlines the conditions (activities and expectations) that the Ministry thinks a person must complete to become employed or more employable and includes a timeframe. The EP may include independent work search, referral to job placement programs, specific training for employment, or other services. Recipients must complete an activity report monthly while they are looking for work, and every second month once they obtain work, until they become independent of income assistance. | ||
The Ministry does not require people with the PPMB or PWD designation to have an employment plan. The Ministry may encourage them to sign a “voluntary participation plan”, however this is not mandatory. The Ministry may, however, require a voluntary participation plan to access certain training programs. | |||
The Ministry has established various programs for employment, self-employment, and volunteering by people on income assistance, PPMB assistance, and disability assistance. These programs are optional if the person does not have employment related obligations. | The Ministry has established various programs for employment, self-employment, and volunteering by people on income assistance, PPMB assistance, and disability assistance. These programs are optional if the person does not have employment related obligations. | ||
Line 336: | Line 318: | ||
== K. Single Parent Employment Initiative == | == K. Single Parent Employment Initiative == | ||
Effective September 1, 2015, the Ministry introduced a | Effective September 1, 2015, the Ministry introduced a “single parent employment initiative.” Under this initiative, if a single parent on income assistance, PPMB or disability assistance is assessed as needing training in order to gain employment in certain fields, they may be eligible for the Ministry to pay tuition for their training, and to continue receiving income assistance, PPMB benefits or disability assistance for up to 12 months while participating in an approved training program. Single parents may be eligible for additional childcare and transportation supports while participating in the training program or paid work experience program. Single parents that are eligible for the childcare subsidy may also have access to additional child care supports during their training period and their first year of their employment. | ||
For more details on this program, see | For more details on this program, see https://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/on-assistance/employment-planning/spei | ||
== L. Persons With Disabilities (PWD) == | == L. Persons With Disabilities (PWD) Designation == | ||
To obtain disability assistance, | To obtain disability assistance, a person must show that they qualify under s 2(2) of the EAPWDA definition of “person with disabilities” (“PWD”). This section defines a “person with disabilities” as a person over 18 with a severe mental or physical impairment that: | ||
*in the opinion of a medical practitioner or nurse practitioner is likely to continue for at least two years; and | *in the opinion of a medical practitioner or nurse practitioner is likely to continue for at least two years; and | ||
Line 351: | Line 333: | ||
**as a result of those restrictions, the person requires help to perform those activities. | **as a result of those restrictions, the person requires help to perform those activities. | ||
People who wish to receive disability assistance must complete an extensive application form with the assistance of a doctor and another | People who wish to receive disability assistance must complete an extensive application form with the assistance of a doctor and another health professional and satisfy the Ministry that they meet the above definition. | ||
"Requiring help" includes: | "Requiring help" includes: | ||
Line 358: | Line 340: | ||
*Help from an assistance animal (such as a guide dog). | *Help from an assistance animal (such as a guide dog). | ||
:'''NOTE:''' In ''Hudson v. Employment and Assistance Appeal Tribunal'', 2009 BCSC 1461, the BC Supreme Court made several important findings about the eligibility criteria for persons with disabilities designation under the EAPWDA. For a helpful summary of the findings in Hudson, the Community Legal Assistance Society has published at: | :'''NOTE:''' In ''Hudson v. Employment and Assistance Appeal Tribunal'', 2009 BCSC 1461, the BC Supreme Court made several important findings about the eligibility criteria for persons with disabilities designation under the EAPWDA. For a helpful summary of the findings in Hudson, the Community Legal Assistance Society has published a summary online at: http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252006/PWD_Eligibility_Summary_HUDSON.pdf?1401252006 | ||
=== 1. Simplified PWD Application for Certain Applicants === | === 1. Simplified PWD Application for Certain Applicants === | ||
As of September 1, 2016 certain applicants need only complete a simplified | As of September 1, 2016, certain applicants need only complete a simplified two-page form to qualify for designation as a Person with Disabilities for the purposes of s 2(2) of the EAPWDA. Under the EAPWDR s 2.1, an applicant must be one of the following to qualify for the simplified form: | ||
*A person who is considered to be disabled under s 42 (2) of the Canadian Pension Plan (Canada) (that is, the person is receiving CPP disability benefits); | *A person who is considered to be disabled under s 42 (2) of the Canadian Pension Plan (Canada) (that is, the person is receiving CPP disability benefits); | ||
*A persons enrolled in Plan P (Palliative Care) under the Drug Plans Regulation, BC Reg. 73/2015; | *A persons enrolled in Plan P (Palliative Care) under the Drug Plans Regulation, BC Reg. 73/2015; | ||
*A person who has at any time been determined to be eligible for payments from the Ministry of Children and Family Development’s At Home Program; | *A person who has at any time been determined to be eligible for payments from the Ministry of Children and Family Development’s At Home Program; | ||
*A person who has at any time been determined by Community Living British Columbia to be eligible to receive community living support under the Community Living Authority Act; | *A person who has at any time been determined by Community Living British Columbia to be eligible to receive community living support under the Community Living Authority Act; | ||
*A person whose family has at any time been determined by Community Living British Columbia to be eligible to receive community living support under the Community Living Authority Act. | *A person whose family has at any time been determined by Community Living British Columbia (CLBC) to be eligible to receive community living support under the Community Living Authority Act. | ||
== M. Persistent Multiple Barriers (PPMB) == | == M. Persistent Multiple Barriers (PPMB) == | ||
To obtain PPMB (Persons with Persistent Multiple Barriers to employment) assistance, a person must qualify under s 2 of the EAR, | To obtain PPMB (Persons with Persistent Multiple Barriers to employment) assistance, a person must first qualify for the PPMB designation under s 2 of the EAR. The criteria for the PPMB designation changed significantly on July 1, 2019. Many people who could not qualify for the PPMB designation under the old definition, may be able to meet the new July 2019 criteria if they re-apply for the PPMB designation. | ||
To qualify for the PPMB designation a person must: | |||
*Be receiving income assistance or hardship assistance; | |||
*Have a health condition that a health professional has confirmed | |||
**has continued for at least one year and is likely to continue for at least 2 more years, or | |||
**has occurred frequently in the past year and is likely to continue for at least 2 more years; | |||
*Have the ministry agree that their health condition is a barrier that seriously impedes the person's ability to search for, accept or continue in employment, and | |||
*Face a circumstance that the ministry agrees is a circumstance that seriously impedes the particular individual’s ability to search for, accept, or continue in employment. Such circumstances may include, but are not limited to: | |||
**being homeless or having been homeless in the past 12 months; | |||
**experiencing domestic violence now or in the past 6 months; | |||
**Needing English language skills training; | |||
**not having basic skills for employment; | |||
**having a criminal record; | |||
**having an education below grade 12; | |||
**having accessed emergency health, mental health or addiction services multiple times in the past 12 months; | |||
**having been found to be a Convention refugee or having been such a refugee in the past 24 months, or being in the process of having a claim for refugee protection, or application for protection, decided under Canadian immigration law; or | |||
** being a person who was a “child in care” under the Child, Family and Community Services Act, RSBC 1996, c-46 or received similar care under an enactment of another Canadian jurisdiction; | |||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} |