Difference between revisions of "I'm Being Investigated by the Welfare Ministry"

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(updated consequences of fraud convictions)
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{{Tipsbox
{{Tipsbox
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| tips = Take any accusation of welfare fraud very seriously. Bans on welfare eligibility because of fraud convictions were eliminated on August 1, 2015.  But there are still serious consequences of being convicted of welfare fraud.  In most cases at least $100 per month will be deducted from your welfare check to pay MSDSI back for money you were convicted of obtaining by fraud or providing false or misleading information. This deduction will last for at least 12 months. If you were convicted of fraud under the Criminal Code, the deduction will last until all of the funds your conviction related to are repaid.  (The exception is that MSDSI can choose to deduct less than $100 per month if you are homeless, at risk of becoming homeless because of the deduction, or if the deduction puts your health or the health of someone else in your family at risk).
| tips = Take any accusation of welfare fraud very seriously. Bans on welfare eligibility because of fraud convictions were eliminated on August 1, 2015.  But there are still serious consequences of being convicted of welfare fraud.  In most cases at least $100 per month will be deducted from your welfare check to pay MSDSI back for money you were convicted of obtaining by fraud or providing false or misleading information. This deduction will last for at least 12 months. If you were convicted of fraud under the Criminal Code, the deduction will last until all of the funds your conviction related to are repaid.  (The exception is that MSDSI can choose to deduct less than $100 per month if you are homeless, at risk of becoming homeless because of the deduction, or if the deduction puts your health or the health of someone else in your family at risk).


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#If you are being investigated and think you may be charged with welfare fraud, immediately <span class="noglossary">contact</span> a lawyer for advice. Many criminal lawyers will provide some advice at no charge. Use the internet to search for criminal lawyers in your area 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 being investigated and think you may be charged with welfare fraud, immediately <span class="noglossary">contact</span> a lawyer for advice. Many criminal lawyers will provide some advice at no charge. Use the internet to search for criminal lawyers in your area 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 section 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.
#If you are charged with welfare fraud under the ''Criminal Code'' or the provincial welfare law, look at the section 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.
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| 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 publications about fraud charges and social assistance described below under "Where to get help."}}


== What happens next==
== What happens next==
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*[[PovNet]], including their [http://www.povnet.org/find-an-advocate Find An Advocate]" feature for welfare advocates near you.
*[[PovNet]], including their [http://www.povnet.org/find-an-advocate Find An Advocate]" feature for welfare advocates near you.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Legal Services Society publications: "[http://www.clicklaw.bc.ca/resource/1962 What You Need to Know About Fraud Charges and Social Assistance]," and "[http://www.lss.bc.ca/assets/lawyers/practiceResources/criminaChargesSocialAssistance_Lawyer.pdf Criminal Charges and Social Assistance]."


Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.


{{REVIEWED | reviewer = [[Alison Ward]], January 2013}}
{{REVIEWED | reviewer = [[Alison Ward]], January 2016}}


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{{Template:Legal Help Guide Navbox|type=problems}}


{{Creative Commons for Legal Help Guide}}
{{Creative Commons for Legal Help Guide}}
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