5,484
edits
Difference between revisions of "Welfare Eligibility (21:III)"
Jump to navigation
Jump to search
→F. Age Requirements
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 185: | Line 185: | ||
== F. Age Requirements == | == F. Age Requirements == | ||
Generally, welfare recipients must be 19 years of age, but there are some circumstances where those under 19 may (or must) apply for welfare. See s 5 of EAR and s 5 of EAPWDR. Minors under 19 who do not live with their parents or guardians have the right to apply for income assistance from MSDSI. To qualify, the Ministry has to be convinced that their parents will not support them. | |||
=== 1. Income Assistance for Children and Youth === | |||
Minors under 19 who do not live with their parents or guardians have the right to apply for income assistance from MSDSI. Before granting assistance to such a minor, MSDSI must make reasonable efforts to have the minor’s parents or guardians assume financial responsibility for the minor’s support. If the parents or guardians are unwilling to support the minor, the Ministry may grant the minor income assistance. | |||
'''MSDSI will refer minors under 17 who apply for income assistance to a social worker with the Ministry of Child and Family Development''' before assistance is provided. MSDSI will refer minors between 17 and 19 to a social worker only if MSDSI considers there to be child protection issues. | |||
Note that as of 1 April 2010, MSDSI will no longer pay Child in the Home of a Relative benefits to new applicants | |||
=== 2. Disability Assistance for youth 18 and over === | |||
Disabled youths may be eligible for the PWD designation and disability assistance at the age of 18, even if they live with their parents. To qualify, a youth must have a severe mental or physical impairment that, in the opinion of a medical practitioner, is likely to continue for at least two years. Additionally, this impairment must directly and significantly restrict the person’s ability to perform daily living activities either continuously or periodically for extended periods, in the opinion of a health professional. Finally, as a result of those restrictions, the person must require help to perform those activities (see s 2(2) of the EAPWDA. An application for PWD benefits can be started 6 months before the youth’s 18th birthday. | |||
=== 3. Welfare for Teenaged Parents Living at Home === | |||
If a child is under 19, has a dependent child, and lives with his or her own parent who is also on income assistance, PPMB assistance, or disability assistance, MSDSI may consider the two sets of parents as separate family units. This change would mean that both might both be entitled to a shelter allowance in addition to a support allowance. The Ministry’s decision will depend on the child’s age. For more information, see s 5 of the EAR. | |||
Other options: | |||
=== 4. MCFD Youth agreements for 16 to 18-year-old youths === | |||
Youths aged 16 to 18 years who have left home and do not have a parent or other persons willing to take responsibility for him or her, or who cannot return home for reasons of safety, may be eligible for a Youth Agreement with the Ministry of Child and Family Development (“MCFD”). A Youth Agreement assists at-risk youth to live independently, return to school, and gain work experience or life skills. For more information on whether a person qualifies, contact the nearest MCFD office. Also see http://www.mcf.gov.bc.ca/youth/agreements.htm for more information regarding youth agreements. | |||
=== 5. MCFD Extended Family Program === | |||
If a young person under 19 lives with extended family members or close friends, the caregiver may be eligible for benefits to care for the young person under MCFD’s Extended Family Program. The child’s parent(s) must live elsewhere, must request these benefits from MCFD, and must agree with the placement. Extended Family Program benefits are usually temporary. A caregiver who is also the child’s legal guardian is not eligible for Extended Family Program benefits. For more information, see: http://www.mcf.gov.bc.ca/alternativestofostercare/extended_family.htm | |||
== G. Obligation to Pursue Other Support and Not Dispose of Property === | |||
Applicants are eligible for all forms of welfare only after they take full advantage of every source of income, asset, or other means of support that is or might become available to them or to their dependants. | |||
Applicants may become ineligible for assistance if they “dispose of property” for consideration that MSDSI thinks is inadequate. This means that a person cannot, for example, give away a valuable asset and then remain eligible for welfare. For details, see EAA, ss 13-14; EAR, ss 29 and 31; EAPWDA, ss12-13; and EAPWDR, ss 25 and 27. | |||
If an applicant or his or her dependants fail to take advantage of other resources that they might use to support themselves, or if they dispose of assets for inadequate consideration, MSDSI can reduce the amount of assistance granted to the 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). Some ineligible persons may be considered for hardship benefits if they agree to repay the amount they receive. | |||
=== 1. No Obligation to Assign Child Support Rights === | |||
Division 4 of the EAR and the EAPWDR which provided that welfare applicants and recipients '''were required to''' assign to the Crown any rights they may have to pursue or respond to legal proceedings involving maintenance for their dependent children (i.e. child support) was repealed effective May 1, 2015 Note that there has been no change to the spousal support process; welfare applicants and recipients '''must assign''' to the Crown any rights to claim, pursue or receive spousal support. | |||
As of September 1, 2015, MSDSI no longer considers child support payments received to be unearned income, and child support will not be deducted from welfare cheques. | |||
If the client previously signed an assignment of their child support rights to MSDSI and wants to have it continue they had to have contacted their Family Maintenance Worker or have called the ministry by a deadline in June 2015. | |||
If the client missed this deadline and their assignment has ended, the client can still contact the ministry and ask to voluntarily assign their child support rights to the ministry, so that the ministry can provide them with free legal help in obtaining a Court or agreement for child support (or possibly varying an old Court order or agreement). The guidelines the ministry will apply in deciding whether to accept a voluntary assignment of child support rights are at http://www.gov.bc.ca/meia/online_resource/family_maintenance_program/fmp/ | |||
If a client already has a child support order or agreement enrolled for enforcement with the Family Maintenance Enforcement Program (FMEP) as of May 1, 2015, the client can now choose to either: | |||