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Read the EAR (ss 1 and 11-13) and the EAPWDR (ss 1 and 10-12) carefully to identify the asset criteria. and note in particular the definitions of “asset”, which is set out in s 1 of the EAR and EAPWDR. | Read the EAR (ss 1 and 11-13) and the EAPWDR (ss 1 and 10-12) carefully to identify the asset criteria. and note in particular the definitions of “asset”, which is set out in s 1 of the EAR and EAPWDR. | ||
The following table summarizes the asset limits for different family sizes applying for or receiving different forms of welfare. A more detailed table is available at http:// | The following table summarizes the asset limits for different family sizes applying for or receiving different forms of welfare. A more detailed table is available at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employmentt-and-assistance-rate-tables/asssets-rate-table. | ||
{| class="wikitable" | {| class="wikitable" | ||
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| $4 000 | | $4 000 | ||
|- | |- | ||
| | | Family unit that includes one person on, or applying for, disability assistance (this includes single people) | ||
| $ | | $100 000 | ||
|- | |- | ||
| Family | | Family unit that includes two people on, or applying for, disability assistance | ||
| $ | | $200 000 | ||
|} | |} | ||
=== 1. Exempt Assets === | === 1. Exempt Assets === | ||
Sections 11(1) of EAR and s 10(1) of EAPWDR should be reviewed in detail to see if any of a person’s particular assets are exempt, i.e. do not count toward their asset limit. Some key exempt assets are: | |||
*clothing and necessary household equipment; | *clothing and necessary household equipment; | ||
*vehicles (limit one per household and only if used for day-to-day transportation needs | *vehicles (limit one per household and only if used for day-to-day transportation needs) A person who is applying for or receiving income assistance or PPMB assistance, can have a vehicle with up to $10 000 equity in it as an exempt asset. This equity limit does not apply to someone applying for or receiving disability assistance, whose primary vehicle is exempt with no limit on the amount of equity in it. The equity limit also does not apply to people receiving or applying for income assistane or PPMB benefits if the disability-related conditions in section 10(4) of the EAR are met. For all applicants and recipients, a second vehicle is not exempt and is counted toward asset exemption limits.; | ||
*a family unit's place of residence; | *a family unit's place of residence; | ||
*a child tax benefit or GST credit under the Income Tax Act (Canada); | *a child tax benefit or GST credit under the Income Tax Act (Canada); | ||
*A BC early childhood tax benefit; | *A BC early childhood tax benefit; | ||
*a sales tax credit under the Income Tax Act (British Columbia); | *a sales tax credit under the Income Tax Act (British Columbia); | ||
*a registered disability savings plan or “RDSP” (see http://www.rdsp.com for more information); an uncashed life insurance policy with a cash surrender value of $1 500 or less; '''and''' | *a registered disability savings plan or “RDSP” (see http://www.rdsp.com for more information); | ||
an uncashed life insurance policy with a cash surrender value of $1 500 or less; '''and''' | |||
*business tools; | *business tools; | ||
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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. | 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 | The net income limits for welfare recipients are set out in s 10 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 === | === 1. Types of Income Relevant to Income Limits === | ||
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=== 2. Deductions and Exemptions from Income === | === 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. ''' | 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. '''These sections should be carefully reviewed to determine if the applicant’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 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. | ||
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=== 3. Earnings Exemptions === | === 3. Earnings Exemptions === | ||
Recipients of income assistance, PPMB assistance, and disability assistance all have an earnings exemption. The earnings exemption for income assistance and PPMB assistance is monthly | Recipients of income assistance, PPMB assistance, and disability assistance all have an earnings exemption. The earnings exemption for income assistance and PPMB assistance is monthly. As of January 1, 2015, the earnings exemption for recipients of disability assistance is calculated per year (i.e. annual earnings exemption). The exemptions apply to all earned income, including wages from employment, money received from providing room, and board at a person’s place of residence, or money received from renting rooms that are common to the person’s place of residence. | ||
For recipients of income assistance and PPMB assistance, there is a one month waiting period to claim any earnings exemption. This means that a family unit cannot claim an earnings exemption for the first month in which they initially apply for and become eligible for income assistance or PPMB assistance, but can claim an earnings exemption for any subsequent months. | For recipients of income assistance and PPMB assistance, there is a one month waiting period to claim any earnings exemption. This means that a family unit cannot claim an earnings exemption for the first month in which they initially apply for and become eligible for income assistance or PPMB assistance, but can claim an earnings exemption for any subsequent months. | ||
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*A member of the family unit received income assistance or PPMB assistance in the month before the family unit became eligible for disability assistance. | *A member of the family unit received income assistance or PPMB assistance in the month before the family unit became eligible for disability assistance. | ||
Current earnings exemptions are as follows | Current earnings exemptions are as follows: | ||
*a. Family | *a. Family units, without children, receiving income assistance: $200/month | ||
*b. | *b. Family units receiving income assistance who have a dependant child or are caring for a supported child: $400/month (up from $200 as of September 1, 2015); Exception: a single parent of a child or foster child who has a disability that prevents the parent from working more than 30 hours per week has an earnings exemption of $500/month while receiving income assistance (up from $300/month as of September 1, 2015) | ||
*c.Family unit receiving PPMB assistance: $500/month | *c.Family unit receiving PPMB assistance: $500/month | ||
*d. Family unit receiving disability assistance: | *d. Family unit receiving disability assistance: | ||
**$9600 per calendar year for a single adult (or single parent) with the PWD designation; $12 000 for with two adults where one adult has the PWD designation, and the other adult does not. | **$9600 per calendar year for a single adult (or single parent) with the PWD designation; $12 000 for a family unit with two adults where one adult has the PWD designation, and the other adult does not. | ||
**$19,200 per calendar year for families where two adults have the PWD designation. | **$19,200 per calendar year for families where two adults have the PWD designation. | ||
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== F. Age Requirements == | == F. Age Requirements == | ||
Generally, | Generally, a person must be 19 years of age in order to apply independently for welfare, 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 === | === 1. Income Assistance for Children and Youth === | ||
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=== 4. MCFD Youth agreements for 16 to 18-year-old youths === | === 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:// | 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://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/youth-agreements. | ||
=== 5. MCFD Extended Family Program === | === 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:// | 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://www2.gov.bc.ca/gov/content/family-social-supports/fostering/temporary-permanent-care-options/placement-with-a-person-other-than-the-parent | ||
== G. Obligation to Pursue Other Support and Not Dispose of Property === | == G. Obligation to Pursue Other Support and Not Dispose of Property === | ||
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=== 1. No Obligation to Assign Child Support Rights === | === 1. No Obligation to Assign Child Support Rights === | ||
Until May 1, 2015, applicants for and recipients of welfare were required to assign to MSDSI any rights they had to pursue or respond to legal proceedings involving maintenance for their dependent children (i.e. child support) and for themselves (i.e. spousal support). That requirement has been repealed. Currently, a person applying for or receiving welfare has the choice whether or not to assign their right to pursue child or spousal support to MSDSI. See section 20 of the EAR and section 17 of the EAPWDR. | |||
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. | 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 | If a client wants MSDSI to provide them with legal help in pursuing an order or agreement for child support (or possibly varying an old Court order or agreement), the client can contact MSDSI and ask to voluntarily assign their child support rights to MSDSI. The guidelines the ministry will apply in deciding whether to accept a voluntary assignment of child support rights are at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-servicecs. | ||
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: | 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: | ||
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If a client decides to withdraw an order or agreement from registration with FMEP, the client can still try to enforce the order themselves through the court (i.e. collect on child support payments or arrears) procedures set out in the ''Family Maintenance Enforcement Act'', RSBC 1996, c 127. | If a client decides to withdraw an order or agreement from registration with FMEP, the client can still try to enforce the order themselves through the court (i.e. collect on child support payments or arrears) procedures set out in the ''Family Maintenance Enforcement Act'', RSBC 1996, c 127. | ||
=== 2. | === 2. Spousal Support still considered income === | ||
While an applicant for or recipient of welfare is no longer legally required to assign their right to pursue spousal support to MSDSI, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If MSDSI considers that a person has a right to spousal support but the person does not pursue it (either independently or by assigning their spousal support right to MSDSI), MSDSI may reduce the amount of assistance granted to the person's 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). | |||
If an applicant for or recipient of welfare is interested in assigning their spousal support rights to MSDSI so they can get legal help obtaining a court order or agreement for spousal support, the client can contact MSDSI and ask to voluntarily assign their right to spousal support. here that person’s that persons’ ex-partner is abusive toward them, it is important for the person to disclose this to MSDSI. MSDSI’s policy provides discretion not to pursue spousal support under an assignment where doing so could put the applicant or recipient at risk. For more information, see MSDSI’s risk assessment policy at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services | |||
== H. Two Years’ Past Financial Independence Requirement == | == H. Two Years’ Past Financial Independence Requirement == | ||
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Certain groups are exempt from the orientation and job search; see ss 4.1(4),(5), and (6) and s 4.2(5) of each Regulation (EAR and EAPWDR) for details. | Certain groups are exempt from the orientation and job search; see ss 4.1(4),(5), and (6) and s 4.2(5) of each Regulation (EAR and EAPWDR) for details. | ||
'''NOTE:''' if a person can show that they have an immediate need for food, shelter, or urgent medical attention, they may qualify for (non-repayable) hardship assistance from MSDSI while they do their work search. A person in this situation should request an “'''immediate needs assessment'''” from MSDSI. MSDSI’s service standard is that a person requesting immediate needs assessment should have their situation assessed by MSDSI, and their immediate need met, within one business day. See MSDSI’s policy on immediate needs assessments at http:// | '''NOTE:''' if a person can show that they have an immediate need for food, shelter, or urgent medical attention, they may qualify for (non-repayable) hardship assistance from MSDSI while they do their work search. A person in this situation should request an “'''immediate needs assessment'''” from MSDSI. MSDSI’s service standard is that a person requesting immediate needs assessment should have their situation assessed by MSDSI, and their immediate need met, within one business day. See MSDSI’s policy on immediate needs assessments at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs | ||
An applicant does not have to do a work search (either three or five weeks) if they: | An applicant does not have to do a work search (either three or five weeks) if they: | ||
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== K. Single Parent Employment Initiative == | == K. Single Parent Employment Initiative == | ||
MSDSI | Effective September 1, 2015, MSDSI introduced a new "single parent employment initiative". Under this initiative, if a single parent on income assistance, PPMB or disability assistance is assessed as needing training in order to gain employment in certain fields, they may be eligible for MSDSI to pay tuition of up to $7500 for their training, and to continue receiving income or disability assistance for up to 12 months while participating in an approved training program. Single parents may be eligible for additional child care and transportation supports while participating in the training program or paid work experience program. Single parents that are eligible for the child care subsidy may also have access to additional child care supports during their training period and their first year of their employment. | ||
For more details on | For more details on this program, see MSDSI's Policy and Procedures Manual under "Single Parent Employment Initiative" at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/education-and-training | ||
== L. Persons With Disabilities (PWD)/Persistent Multiple Barriers (PPMB) == | == L. Persons With Disabilities (PWD)/Persistent Multiple Barriers (PPMB) == |
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