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Difference between revisions of "Welfare Eligibility (21:III)"
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Welfare Eligibility (21:III) (view source)
Revision as of 02:15, 27 September 2022
, 02:15, 27 September 2022→b) Spousal Support still considered income
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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. | ||
==== b) Spousal Support | ==== b) Spousal Support Still Considered Income ==== | ||
While the Ministry no longer requires an applicant for or recipient of to assign their right to pursue spousal support to the Ministry, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If the Ministry 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 the Ministry), the Ministry 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 [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 29] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section31 31]; EAPWDR, ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 25] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section27 27]). | While the Ministry no longer requires an applicant for or recipient of to assign their right to pursue spousal support to the Ministry, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If the Ministry 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 the Ministry), the Ministry 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 [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 29] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section31 31]; EAPWDR, ss [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 25] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section27 27]). | ||
If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry 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 the Ministry’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 | If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry 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 the Ministry’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 == | ||