Difference between revisions of "Welfare Eligibility (21:III)"

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== D. Income Limits ==
== 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.   
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 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.     
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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'''EARNED INCOME.''' EAR, s 1 and EAPWDR, s 1 define “earned income” as:  
'''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;  
*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;  
*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 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.  
*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:  
'''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;   
*any type of CPP benefits;   
*WCB benefits and other disability payments and pensions;  
*WCB benefits and other disability payments and pensions;  
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*winnings from lotteries and other forms of gambling;  
*winnings from lotteries and other forms of gambling;  
*criminal injury compensation or crime victim compensation;   
*criminal injury compensation or crime victim compensation;   
*“any other financial awards or compensation”; and  
*“any other financial awards or compensation”; and  
*funds received from a sponsor under a sponsorship agreement pursuant to the ''Immigration and Refugee Protection Act''.  
*funds received from a sponsor under a sponsorship agreement pursuant to the ''Immigration and Refugee Protection Act''.  


=== 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.   '''These sections should be carefully reviewed to determine if the applicant’s income is exempt or subject to deductions.'''
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.  


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.  
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.  
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;  
*a. Income tax refunds;  
*b. Universal child care benefits;  
*b. Universal child care benefits;  
*c. Canada child tax benefits;  
*c. Canada child tax benefits;  
*d. Withdrawals from a Registered Disability Savings Plan;  
*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)
*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)  
*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  
*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:   
*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  
**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 for at least one month or
***the family unit has received PWD benefits in the past.  
***the family unit has received PWD benefits in the past.  
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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. 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.  
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.   


For recipients of disability assistance, there is a one-month waiting period to claim an earnings exemption unless:  
For recipients of disability assistance, there is a one-month waiting period to claim an earnings exemption unless:  
*A member of the family unit has received disability benefits at any point in the past OR  
*A member of the family unit has received disability benefits at any point in the past OR  
*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 units, without children, receiving income assistance:           $200/month  
*a. Family units, without children, receiving income assistance: $200/month  
*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)   
*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:   

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