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=== 2. Asset Development Accounts are Exempt Assets === | === 2. Asset Development Accounts are Exempt Assets === | ||
Section 12 of the EAR and s 11 of the EAPWDR provide that the MSDSI may approve savings accounts for the purpose of “future self-sufficiency”, and that these accounts will be exempt assets. 3.Disability Trusts are Exempt | Section 12 of the EAR and s 11 of the EAPWDR provide that the MSDSI may approve savings accounts for the purpose of “future self-sufficiency”, and that these accounts will be exempt assets. | ||
=== 3. Disability Trusts are Exempt Assets === | |||
Under s 13 of the EAR and s 12 of the EAPWDR, assets of up to $200 000 can be held in a non-discretionary trust for a person with PWD status (or an applicant for PWD status, or for another individual with disabilities in certain circumstances) without disqualifying the person from income assistance or disability assistance. There is no limit on the amount that may be held in a discretionary trust. | |||
== D. Income Limits == | |||
In order to be eligible for income assistance, PPMB assistance, or disability assistance, applicants must exhaust all other sources of income to support themselves and their dependants, except for income specifically exempted by legislation or policy. | |||
The net income limits for welfare recipients are set out in s 11 of the EAR and s 9 of the EAPWDR. Schedule B in both regulations sets out the manner in which a person’s net income is calculated for the purpose of welfare eligibility. | |||
=== 1. Types of Income Relevant to Income Limits === | |||
The MSDSI distinguishes between earned and unearned income for the purpose of the net income calculation. | |||
'''EARNED INCOME.''' EAR, s 1 and EAPWDR, s 1 define “earned income” as: | |||
*any money or value received in exchange for work or the provision of a service; | |||
*pension plan contributions that are refunded because of insufficient contribution to create a pension; | |||
*money or value received from providing room and board at a person’s place of residence; or | |||
*money or value received from renting rooms that are common to and part of a person’s place of residence. | |||
'''UNEARNED INCOME.''' EAR, s 1 and EAPWDR, s 1 define “unearned income” as any income that is not earned income. They give a non-exhaustive list of examples including: | |||
*any type of CPP benefits; | |||
*WCB benefits and other disability payments and pensions; | |||
*inheritances; | |||
*rental income from land or property; | |||
*education or training allowances, grants, loans, bursaries, and scholarships; | |||
*winnings from lotteries and other forms of gambling; | |||
*criminal injury compensation or crime victim compensation; | |||
*“any other financial awards or compensation”; and | |||
*funds received from a sponsor under a sponsorship agreement pursuant to the ''Immigration and Refugee Protection Act''. | |||
=== 2. Deductions and Exemptions from Income === | |||
Earned and unearned income is deducted dollar-for-dollar from a recipient’s monthly cheque, subject to a list of deductions and exemptions set out in ss 1-9 of Schedule B of EAR and in ss 1-9 of Schedule B of EAPWDR. '''Students should review these sections carefully to determine if the client’s income is exempt or subject to deductions.''' | |||
Money withdrawn from a disability trust for certain purposes is also exempt as income. See s 13 of the EAR, and s 12 of the EAPWDR. Also see s 7(1)(d) of Schedule B to the EAR and the EAPWDR. | |||
Money from structured settlement annuity payments that is used for certain purposes is also exempt as income. See Schedule B, s 7 of the EAR and EAPWDR for details. | |||
The following are '''some''' examples of income exempted by Schedule B of the EAR and EAPWDR. This list is far from exhaustive. Note that an applicant or recipient of welfare benefits '''must''' report their receipt of all income to MSDSI, even if it is exempt. | |||
*a. Income tax refunds; | |||
*b. Universal child care benefits; | |||
*c. Canada child tax benefits; | |||
*d. Withdrawals from a Registered Disability Savings Plan; | |||
*e. Child support payments (as of Sept 1, 2015; before Sept 1 2015, payments were considered unearned income and deducted dollar-for-dollar) | |||
*f. CPP orphan’s benefit (as of Sept 1, 2015) | |||
*g. A one-time gift, if it does not make the recipient exceed their asset exemption level; and | |||
*h. Some portion of WCB Temporary Wage Loss Replacement Payments issued under ss 29 and 30 of the ''Workers Compensation Act'', if: ·at least one person in the family unit is has the PWD designation, and either ·the family unit has received PWD benefits for at least one month or·the family unit has received PWD benefits in the past. Students must see ss 1-9 of Schedule B of the EAR and ss 1-9 of Schedule B of EAPWDR for a complete list of income exemptions. |