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

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.   

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 That requirement has been repealed.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. 

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.   

*a) continue to have the order enforced, or;  

*b) withdraw the order from FMEP;  

=== 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