Difference between revisions of "Governing Legislation and Resources for Welfare (21:II)"

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{{REVIEWED LSLAP | date= July 02, 2019}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


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Welfare law in BC is governed by the following statutes and regulations, all of which are available at [http://www.bclaws.ca www.bclaws.ca]:
Welfare law in BC is governed by the following statutes and regulations, all of which are available at [http://www.bclaws.ca www.bclaws.ca]:


''Employment and Assistance Act'', SBC 2002, c 40, [EAA];
''Employment and Assistance Act'', SBC 2002, c 40 [EAA];


''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR];
''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR];


''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 40 [EAPWDA]; and
''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].
''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 MSDSI uses in administering welfare. See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010.  
 
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.  
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 of regulation in its entirety and to scan the legislation for other relevant section. The legislation is complex and often a number of provisions work together to govern a particular program or benefit.
*'''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 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.  
 
*'''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.


== B. Referrals ==
== B. Referrals ==
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| online = [http://www.clasbc.net/ Website] <br />
| online = [http://www.clasbc.net/ Website] <br />
}}
}}
=== B.C. Public Interest Advocacy Centre ===
* May help with appeals and judicial reviews.
{{ResourcesLSLAP
| address = 208 - 1090 West Pender Street <br /> Vancouver, B.C.,  V6E 2N7
| phone = (604) 687-3063 <br /> Fax: (604) 682-7896
| online = [http://www.bcpiac.com/ Website] <br /> E-mail: bcpiac@bcpiac.com}}


=== Disability Alliance of BC ===
=== 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 MSDSI, which is needed to qualify for welfare disability assistance.
* 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 MSDSI, which is needed to qualify for welfare disability assistance.
* Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals ([http://www.disabilityalliancebc.org/money.htm www.disabilityalliancebc.org/money.htm])
* Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals ([http://disabilityalliancebc.org/category/publications/bc-disability-benefits-guides/ Website])
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 204 - 456 West Broadway <br /> Vancouver, B.C. V5Y 1R3
| address = 204 - 456 West Broadway <br /> Vancouver, B.C. V5Y 1R3
| phone = (604) 872-1278 <br /> Fax: (604) 875-9227
| phone = (604) 872-1278 <br /> Fax: (604) 875-9227
| online = [http://www.disabilityalliancebc.org/ Website] <br />  
| online = [http://www.disabilityalliancebc.org/ Website] <br />  
}}
=== The Canadian Human Rights Commission ===
{{ResourcesLSLAP_online
| online = [http://www.chrc-ccdp.ca Website]
}}
}}


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* Focuses on providing legal and non-legal support and advocacy for women with mental health issues.  
* Focuses on providing legal and non-legal support and advocacy for women with mental health issues.  
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 412 Cordova Street <br /> Vancouver, B.C.,  V6A 4J1
| address = '''Drop-in shelter:''' <br /> 302 Columbia Street <br /> Vancouver, BC, V6A 4J1 <br /> <br /> '''Emergency shelter''' <br /> 412 Cordova Street <br /> Vancouver, B.C.,  V6A 4J1
| phone = (604) 681-8480 <br /> Fax: (604) 681-8470
| phone = (604) 681-8480 <br /> Fax: (604) 681-8470
| online = [http://www.dewc.ca/ Website] <br /> }}
| online = [http://www.dewc.ca/ Website] <br /> }}
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{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 101 East Cordova Street, <br /> Vancouver, B.C.
| address = 101 East Cordova Street, <br /> Vancouver, B.C.
| online = [http://www.atira.bc.ca/ Website] <br /> E-mail: legaladvocate@atira.bc.ca}}
| online = [http://www.atira.bc.ca/ Website] <br /> E-mail: legaladvocate@atira.bc.ca
| phone = (604) 331-1407 (105)
}}
 
=== AIDS Vancouver Community Resource Centre ===
=== AIDS Vancouver Community Resource Centre ===
* Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.   
* Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.   
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = (604) 695-4691 <br />  
| phone = 604-893-2201 <br />  
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: support@aidsvancouver.org}}
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: support@aidsvancouver.org}}


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== C. Useful Publications by Outside Agencies ==
== C. Useful Publications by Outside Agencies ==
In addition to this LSLAP manual chapter, other useful publications include:  
In addition to this LSLAP manual chapter, other useful publications include:  
*BC Disability Benefits Help Sheets. These 15 guides are published by Disability Alliance BC. They are available at http://www.disabilityalliancebc.org/money.htm and cover many areas relating to applying for benefits and appealing decisions.  
*'''BC Disability Benefits Help Sheets'''. These 15 guides are published by Disability Alliance BC. They are available at http://disabilityalliancebc.org/category/publications/bc-disability-benefits-guides/ and cover many areas relating to applying for benefits and appealing decisions.  
*Your Welfare Rights, a plain language guide published by the Legal Services Society for welfare clients and advocates. It is available at http://www.lss.bc.ca/publications/pub.php?pub=167 and gives an excellent overview of welfare issues.  
*'''Legal Services Society Help Guides''', the Legal Services Society has published several plain language guides for welfare applicants. They are available at http://www.lss.bc.ca/publications/subject.php?sub=17.
 
 


{{LSLAP Manual Navbox|type=chapters15-22}}
{{LSLAP Manual Navbox|type=chapters15-22}}

Revision as of 23:41, 18 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 02, 2019.



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.

B. 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.
Online Website
Address 300 - 1140 West Pender Street
Vancouver, B.C., V6E 4G1
Phone (604) 685-3425
Fax: (604) 685-7611


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 MSDSI, which is needed to qualify for welfare disability assistance.
  • Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals (Website)
Online Website
Address 204 - 456 West Broadway
Vancouver, B.C. V5Y 1R3
Phone (604) 872-1278
Fax: (604) 875-9227


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.
Online Website
Address 320 East Hastings Street
Vancouver, B.C., V6A 1P4
Phone (604) 681-8365
Fax: (604) 681-8928


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).
Online Website
Address 1725 Venables Street
Vancouver, B.C., V5L 2H3
Phone (604) 251-2801
Fax: (604) 251-6354


Downtown Eastside Women's Centre

  • Focuses on providing legal and non-legal support and advocacy for women with mental health issues.
Online Website
Address Drop-in shelter:
302 Columbia Street
Vancouver, BC, V6A 4J1

Emergency shelter
412 Cordova Street
Vancouver, B.C., V6A 4J1
Phone (604) 681-8480
Fax: (604) 681-8470


ATIRA Women's Resource Society

  • Focuses on providing support for abused women. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.
Online Website
E-mail: legaladvocate@atira.bc.ca
Address 101 East Cordova Street,
Vancouver, B.C.
Phone (604) 331-1407 (105)


AIDS Vancouver Community Resource Centre

  • Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.
Online Website
E-mail: support@aidsvancouver.org
Phone 604-893-2201


Povnet: Find an Advocate

  • Can be used to find other advocates and organization that can help with welfare issues in all parts of BC.
Online Website


C. Useful Publications by Outside Agencies

In addition to this LSLAP manual chapter, other useful publications include:


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.