Difference between revisions of "I'm Being Investigated by the Welfare Ministry"
Line 8: | Line 8: | ||
{{Tipsbox | {{Tipsbox | ||
| width = | | width = 80% | ||
| tips = Take any accusation of welfare fraud very seriously. | | tips = Take any accusation of welfare fraud very seriously. There are serious consequences of being convicted of welfare fraud: either a ban from receiving welfare for one or two years, or even a ban '''for life'''. (The exception is that if you have dependent children or a spouse, your family's benefits will be reduced instead of cut off.)}} | ||
== What happens next?== | == What happens next?== | ||
Line 17: | Line 16: | ||
{{Tipsbox | {{Tipsbox | ||
| width = | | width = 80% | ||
| tips = Many criminal lawyers are not aware that welfare benefits are affected if you are convicted of fraud in relation to welfare benefits. Make sure you or your welfare advocate tell your lawyer this information. Give your lawyer a copy of the lawyer's fact sheet described below in the "Where to get help" section.}} | | tips = Many criminal lawyers are not aware that welfare benefits are affected if you are convicted of fraud in relation to welfare benefits. Make sure you or your welfare advocate tell your lawyer this information. Give your lawyer a copy of the lawyer's fact sheet described below in the "Where to get help" section.}} | ||
== Where to get help== | == Where to get help== | ||
See the [[Resource Guide]] for a list of helpful resources. Your best bets are: | See the [[Resource Guide]] for a list of helpful resources. Your best bets are: | ||
* [[Legal Aid Representation]], to see if you qualify for legal aid. | |||
* [[Duty Counsel]], for assistance on the day if you have to appear in court. | |||
*[[PovNet]], for contact and website information for welfare advocates near you. | |||
*[[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]]. | |||
* [[Legal Services Society]] publishes a fact sheet for people charged with offences, "[http://www.clicklaw.bc.ca/resource/1962 What You Need to Know About Fraud Charges and Social Assistance]", and a fact sheet for criminal lawyers helping clients with welfare fraud charges, "[http://www.lss.bc.ca/assets/lawyers/practiceResources/criminaChargesSocialAssistance_Lawyer.pdf Criminal Charges and Social Assistance]". | |||
{{Template:Legal Help Guide Navbox|type=problems}} | {{Template:Legal Help Guide Navbox|type=problems}} |
Revision as of 01:54, 17 November 2011
If the Ministry of Social Development believes that you have received welfare benefits you shouldn't have, they may ask you to repay them. The same applies for the Administering Authority for welfare on an Indian reserve. This is called an overpayment. If they believe that you have received the benefit through fraud, they will investigate and may have you charged with an offence under the Criminal Code or provincial welfare laws. Fraud means receiving assistance as a result of providing information that you know is false or misleading.
First steps[edit]
- If you are being investigated by the Ministry, contact an advocate for help.(See the listing for PovNet in the Resource Guide for contact and website information for welfare advocates in your area.)
- If you are being investigated and think you may be charged with welfare fraud, immediately contact a lawyer for advice. Many criminal lawyers will provide some advice at no charge. Search for criminal lawyers in your area on the Internet or see the Yellow pages. It is almost always advisable that you don't discuss the accusation with a Ministry investigator before you have spoken with a lawyer.
- If you are charged with welfare fraud under the Criminal Code or the provincial welfare law, look at the question in this Guide "I've been charged with a criminal (or youth) offence and have to go to court". Make sure that you apply for legal aid, for a criminal lawyer to represent you.
![]() |
Take any accusation of welfare fraud very seriously. There are serious consequences of being convicted of welfare fraud: either a ban from receiving welfare for one or two years, or even a ban for life. (The exception is that if you have dependent children or a spouse, your family's benefits will be reduced instead of cut off.) |
What happens next?[edit]
The Ministry will continue their investigation and will probably want to speak with you. This can be tricky. You have to provide certain information to the Ministry in order to continue receiving benefits, but it is generally not a good idea to discuss anything with them that could lead to a criminal charge and conviction. Be guided by legal advice, and speak with a welfare advocate about what information you need to provide to the Ministry in order to continue receiving benefits.
![]() |
Many criminal lawyers are not aware that welfare benefits are affected if you are convicted of fraud in relation to welfare benefits. Make sure you or your welfare advocate tell your lawyer this information. Give your lawyer a copy of the lawyer's fact sheet described below in the "Where to get help" section. |
Where to get help[edit]
See the Resource Guide for a list of helpful resources. Your best bets are:
- Legal Aid Representation, to see if you qualify for legal aid.
- Duty Counsel, for assistance on the day if you have to appear in court.
- PovNet, for contact and website information for welfare advocates near you.
- Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
- Legal Services Society publishes a fact sheet for people charged with offences, "What You Need to Know About Fraud Charges and Social Assistance", and a fact sheet for criminal lawyers helping clients with welfare fraud charges, "Criminal Charges and Social Assistance".