Factors That May Affect Welfare Eligibility (21:V): Difference between revisions

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{{REVIEWED LSLAP | date= August 1st, 2023}}
{{REVIEWED LSLAP | date= August 26th, 2024}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


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If two or more people are part of the same family unit, their '''combined''' assets and monthly income will be used to determine their ongoing eligibility for assistance and their monthly benefit amount will be calculated as a lump sum for a family unit of that size.   
If two or more people are part of the same family unit, their '''combined''' assets and monthly income will be used to determine their ongoing eligibility for assistance and their monthly benefit amount will be calculated as a lump sum for a family unit of that size.   


See the definitions of “applicant”, “dependent”, “dependent child” “family unit”, and “recipient” in [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section1 s 1 of the EAA] and the definition of “spouse” in s 1.1. The same definitions exist in the corresponding sections of the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section1 EAPWDA].   
See the definitions of “applicant”, “dependant”, “dependent child” “family unit”, and “recipient” in [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section1 s 1 of the EAA] and the definition of “spouse” in s 1.1. The same definitions exist in the corresponding sections of the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section1 EAPWDA].   


A "family unit" includes a person who is applying for or getting welfare as well as that person's dependants. A "dependant" can be a spouse or a dependent child.
A "family unit" includes a person who is applying for or getting welfare as well as that person's dependants. A "dependant" can be a spouse or a dependent child.
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To be considered a "dependent child", a child must:  
To be considered a "dependent child", a child must:  
*Be under 19 years old (unless the child is 18 and getting PWD benefits);  
*be under 19 years old (unless the child is 18 and getting PWD benefits);  
*Rely on the applicant for food, shelter, and clothing; AND  
*rely on the applicant for food, shelter, and clothing; AND  
*Live with the applicant for more than half of each month.
*live with the applicant for more than half of each month.


Where separated parents have shared 50% custody of a child, if only one of the parents receives welfare, the child is deemed to be that parent’s dependent child. Where both parents receive welfare, the child is the dependent child of the parent that is agreed to in writing ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section1 EAR ss 1(2) and 1(2.1)]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section1 EAPWDR ss 1(2) and 1(2.1))].
Where separated parents have shared 50% parenting time of a child, if only one of the parents receives welfare, the child is deemed to be that parent’s dependant child. Where both parents receive welfare, the child is the dependant child of the parent that is agreed to in writing ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section1 EAR ss 1(2) and 1(2.1)]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section1 EAPWDR ss 1(2) and 1(2.1))].


Married couples who have separated but continue to live separate and apart under the same roof may qualify for welfare as individuals (not spouses) under section 1(5) of the EAR, and section 1(4) of the EAPWDR. Also see the Ministry’s policy about “separated married spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition
Married couples who have separated but continue to live separate and apart under the same roof may qualify for welfare as individuals (not spouses) under section 1(5) of the EAR, and section 1(4) of the EAPWDR. Also see the Ministry’s policy about “separated married spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition


If roommates do not want the Ministry to consider them a family unit, they must be able to show that they do not fit the definition of “spouse” in [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section1.1 s 1.1 of the EAA] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section1.1 EAPWDA]. In determining whether two people who live together fit the definition in s 1.1, the Ministry may look at common-sense indicia of a spousal relationship such as:  
If roommates do not want the Ministry to consider them a family unit, they must be able to show that they do not fit the definition of “spouse” in [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section1.1 s 1.1 of the EAA] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section1.1 EAPWDA]. In determining whether two people who live together fit the definition in s 1.1, the Ministry may look at common-sense indicia of a spousal relationship such as:  
*Whether the parties have separate bedrooms;  
*whether the parties have separate bedrooms;  
*Whether they have separate bank accounts, divide bills, etc.;  
*whether they have separate bank accounts, divide bills, etc.;  
*Whether have they acknowledged a common law or sexual relationship as existing between them, either socially or for any other purpose;  
*whether have they acknowledged a common law or sexual relationship as existing between them, either socially or for any other purpose;  
*Whether they share household responsibilities on a consistent basis, i.e. childcare, meal preparation, laundry, shopping, house cleaning, etc.; and
*whether they share household responsibilities on a consistent basis, i.e. childcare, meal preparation, laundry, shopping, house cleaning, etc.; and
*Whether either party has an ongoing sexual relationship with another person.  
*Whether either party has an ongoing sexual relationship with another person.  


Cases where a disabled person lives with a roommate who helps with their disability caregiving needs can be tricky.  Consider referring such cases to an organization such as Disability Alliance BC. Ministry policy provides that when it is assessing whether a disabled person is in a spousal relationship with a roommate, the Ministry must consider whether any  interdependency in their relationship is attributable to the person’s disability caregiving needs (not a marriage like relationship) (see Ministry Procedures under “completing an assessment to determine if applicants or recipients are spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition)
Cases where a disabled person lives with a roommate who helps with their disability caregiving needs can be tricky.  Consider referring such cases to an organization such as Disability Alliance BC. Ministry policy provides that when it is assessing whether a disabled person is in a spousal relationship with a roommate, the Ministry must consider whether any  interdependency in their relationship is attributable to the person’s disability caregiving needs (not a marriage like relationship) (see Ministry Procedures under “completing an assessment to determine if applicants or recipients are spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition)


== B. Failure to Meet Employment-Related Obligations ==
== B. Failure to Meet Employment-Related Obligations ==


Under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section13 EAA s 13], [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section12 EAPWDA, s 12], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 EAPWDR s 25], the Ministry may reduce assistance (for households that include dependent children) or declare a household  ineligible for a period set by regulation (for households with no dependent children) if a recipient or adult dependant who has employment-related obligations:
There are significant changes expected effective September 1, 2024 to the rules about what employment -related obligations some recipients have, and also about the consequences of failing to meet those employment-related obligations. See [[Welfare Eligibility (21:III)| Section III: K. Ongoing Employment Obligations]] for detail about employment-related obligations.  
*Fails to accept suitable employment;
*Voluntarily leaves employment without just cause;
*Is dismissed from employment for just cause; or
*Fails to demonstrate reasonable efforts to search for suitable employment.  


“Suitable employment” is not defined in the income assistance legislation, but a past Ministry operational directive defined suitable employment as “available employment which the person is able to perform, that pays at least the minimum wage, and which will maximize the person’s independence from assistance”.  
Effective September 1, 2024, people who receive disability assistance under the EAPWDA and EAPWDR do not have employment-related obligations and, therefore, do not face any consequences for failing to meet employment-related obligations.


“Just cause” for leaving employment is not defined in the legislation, but the [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions Ministry Policy and Procedure Manual] states in the "reasons for sanctions" policy section that just cause for leaving employment includes:
If someone receiving income assistance or hardship assistance under the EAA and EAR has employment-related obligations, then section 29 of the EAR and s 13 of the EAA provide that if the person:
*A physical or mental condition which precludes maintaining employment;
*Sexual or other harassment;
*Discrimination;
*Dangerous working conditions;
*Following a spouse to new employment;
*Leaving an abusive or violent domestic situation;
*Having to care for a child or other immediate family member who has a mental or physical condition which requires the person to care for them; or
*Reasonable assurance of another job.


If the Ministry decides that the person's boss fired them for just cause or they quit a job without just cause, penalties may apply, including:
*does not participate in the completion of a client needs assessment when required to do so by the Ministry;
*If the person does not have dependent children, the Ministry may not allow the person to apply for income assistance or hardship assistance for two calendar months.
*does not enter into an employability plan when required to do so by the Ministry, OR
*If the person does have dependent children, the Ministry can allow them to apply for income assistance or hardship assistance, but will reduce benefits by $100 for two months.  
*does not comply with the conditions of an employment plan, to the Ministry’s satisfaction.  


The details of the sanctions that the Ministry may apply under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section13 EAA s 13], [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section12 EAPWDA s 12], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 EAPWDR s 25] are summarized in the Ministry's [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions Policy and Procedures Manual] in a table under "reasons for sanctions".
then, under s 13 EAA, the Ministry has a discretion to reduce the monthly income assistance or hardship assistance rate for a family unit by $50 for each recipient in the family unit who is failing to meet their employment-related obligations under EAA s 13.  


:'''NOTE:''' The above employment-related sanctions do not apply to recipients listed in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29(4)].
If there is a continuing contravention and a $50 per month reduction is imposed for at least 6 consecutive calendar months in relation to the same person in a family unit for the same circumstance, then the Ministry has a discretion to declare that person ineligible for assistance.  NOTE: This does not apply to family units with dependent children or caring for a supported child, under EAR s 29(5).


== C. Failing to Accept or Pursue Income or Assets or Disposing of Property ==
== C. Failing to Accept or Pursue Income or Assets or Disposing of Property ==
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People convicted of such offences either before or after September 1, 2015, or with declarations of ineligibility related to a civil judgment, can now qualify for regular income assistance, PPMB or disability assistance, if they meet all other eligibility requirements.   
People convicted of such offences either before or after September 1, 2015, or with declarations of ineligibility related to a civil judgment, can now qualify for regular income assistance, PPMB or disability assistance, if they meet all other eligibility requirements.   


These family units are liable to repay the government, under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section27 section 27 of the EAA] ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section18 s 18 of the EAPWDA]), the amount or value of the overpayment that was the subject of the Criminal Code conviction and/or conviction under the EAA/EAPWDA and/or civil judgment. This amount is known as an “offence overpayment.”
These family units are liable to repay the government, under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section27 section 27 of the EAA] ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section18 s 18 of the EAPWDA]), the amount or value of the overpayment that was the subject of the Criminal Code conviction and/or conviction under the EAA/EAPWDA and/or civil judgment. This amount is known as an “offence overpayment.”


[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89 Section 89, 89.1 and 89.2 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74 74, 74.1 and 74.2 of the EAPWDR]) detail a minimum monthly welfare benefit deduction and repayment structure that applies to an “offence overpayment,” as well as the exemptions from those deductions. The basic rule is a reduction of $100 per month reduction in welfare benefits for each person in a family unit who has an “offence overpayment.” Where a person was convicted under the ''Criminal Code'', that deduction continues until the amount of the overpayment is repaid in full. Where a person was convicted of a statutory offence under the EAA or EAPWDA, that deduction continues for:  
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89 Section 89, 89.1 and 89.2 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74 74, 74.1 and 74.2 of the EAPWDR]) detail a minimum monthly welfare benefit deduction and repayment structure that applies to an “offence overpayment,” as well as the exemptions from those deductions. The basic rule is a reduction of $100 per month reduction in welfare benefits for each person in a family unit who has an “offence overpayment.” Where a person was convicted under the ''Criminal Code'', that deduction continues until the amount of the overpayment is repaid in full. Where a person was convicted of a statutory offence under the EAA or EAPWDA, that deduction continues for:  
*12 months for a first conviction (unless the overpayment is repaid in less than 12 months)   
*12 months for a first conviction (unless the overpayment is repaid in less than 12 months)   
*24 months for a second conviction, (unless the overpayment is repaid in less than 24 months); and   
*24 months for a second conviction, (unless the overpayment is repaid in less than 24 months); and   
*For a third or subsequent conviction, until the amount of the third or subsequent overpayment is repaid.   
*for a third or subsequent conviction, until the amount of the third or subsequent overpayment is repaid.   


There is some degree of ministerial discretion to waive the minimum $100 repayment requirements in a given benefit month. The minister may waive the repayment for the following reasons:  
There is some degree of ministerial discretion to waive the minimum $100 repayment requirements in a given benefit month. The minister may waive the repayment for the following reasons:  
*The minister is satisfied that the family unit is homeless or at risk of becoming homeless
*the minister is satisfied that the family unit is homeless or at risk of becoming homeless
*The minister is satisfied that a deduction would result in danger to the health of a person in the family unit; OR  
*the minister is satisfied that a deduction would result in danger to the health of a person in the family unit; OR  
*A recipient in the family unit is liable for an offence overpayment but the person convicted of the criminal code offence or Act offence that resulted in the offence overpayment is not a member of the family unit for the benefit month.  
*a recipient in the family unit is liable for an offence overpayment but the person convicted of the criminal code offence or Act offence that resulted in the offence overpayment is not a member of the family unit for the benefit month.  


Clinicians should consult the above-reference sections of the EA and EAPD legislation to see what specific repayment structure matches the client’s current family unit and welfare benefit status, and what exemptions the legislation might entitle them to.
Clinicians should consult the above-reference sections of the EA and EAPD legislation to see what specific repayment structure matches the client’s current family unit and welfare benefit status, and what exemptions the legislation might entitle them to.


== E. Providing Inaccurate or Incomplete Information to the Ministry ==
== E. Providing Inaccurate or Incomplete Information to the Ministry ==
As of September 1, 2024, the Ministry can no longer apply sanctions (welfare reductions) if someone provides inaccurate or incomplete information to the Ministry, and receives welfare benefits they are not entitled to as a result.


If a family unit provides inaccurate or incomplete information regarding eligibility (under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section10 s 10] or [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section11 11 of the EAA] or [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section10 EAPWDA]), and as a result receives assistance for which it was not eligible, the Ministry may apply sanctions under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section15.1 s 15.1 of the EAA] ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section14.1 s 14.1 of the EAPWDA]) and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section32 ss 32-34 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section28 ss 28-30 of the EAPWDR]).
Before September 1, 2024, if a family unit provides inaccurate or incomplete information regarding eligibility (under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section10 s 10] or [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section11 11 of the EAA] or [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section10 EAPWDA]), and as a result receives assistance for which it was not eligible, the Ministry had a discretion to apply sanctions under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section15.1 s 15.1 of the EAA] ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section14.1 s 14.1 of the EAPWDA]) and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section32 ss 32-34 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section28 ss 28-30 of the EAPWDR]).
 
NOTE: The details of the sanctions that the Ministry may apply under [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section15.1 s 15.1 of the EAA] ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section14.1 s 14.1 of the EAPWDA]) and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section32 ss 32-34 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section28 ss 28-30 of the EAPWDR]) are summarized in the Ministry’s Policy and Procedures Manual at:  http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions


== F. Outstanding Warrants ==
== F. Outstanding Warrants ==


Since 1 June 2010, the legislation ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section15.2 EAA, s 15.2] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section14.2 EAPWDA, s 14.2]) has provided that where there is an outstanding warrant for a person under the ''Immigration and Refugee Protection Act'' or any other enactment of Canada in relation to an indictable offence, that person will be ineligible to receive income assistance, disability assistance, or hardship assistance. Exceptions to these rules include people under 18, pregnant people, and people in the end stage of a terminal illness (see the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section38.1 EAR, s 38.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section34.1 EAPWDR, s 34.1] for details).  
Since June 1, 2010, the legislation ([https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section15.2 EAA, s 15.2] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section14.2 EAPWDA, s 14.2]) has provided that where there is an outstanding warrant for a person under the ''Immigration and Refugee Protection Act'' or any other enactment of Canada in relation to an indictable offence, that person will be ineligible to receive income assistance, disability assistance, or hardship assistance. Exceptions to these rules include people under 18, pregnant people, and people in the end stage of a terminal illness (see the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section38.1 EAR, s 38.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section34.1 EAPWDR, s 34.1] for details).  


If a person is ineligible to collect assistance due to an outstanding warrant, or a family unit’s benefits are reduced because a person within the family unit has an outstanding warrant issued against them, they may be able to collect two other forms of financial help:
If a person is ineligible to collect assistance due to an outstanding warrant, or a family unit’s benefits are reduced because a person within the family unit has an outstanding warrant issued against them, they may be able to collect two other forms of financial help:
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Recipients of disability assistance and their dependants may study either full-time or part-time. The rules for recipients of income assistance and PPMB assistance are more complicated. Generally, unless they meet very specific criteria (see below), full time students who are eligible for student loan funding are not eligible for income assistance or PPMB assistance during the school term (EAR s 16).  This limitation does not affect the dependent children of income assistance and PPMB recipients.   
Recipients of disability assistance and their dependants may study either full-time or part-time. The rules for recipients of income assistance and PPMB assistance are more complicated. Generally, unless they meet very specific criteria (see below), full time students who are eligible for student loan funding are not eligible for income assistance or PPMB assistance during the school term (EAR s 16).  This limitation does not affect the dependent children of income assistance and PPMB recipients.   


Part-time students remain eligible for income assistance provided they meet other eligibility requirements, including employment obligations. One should still notify the ministry that they are attending part-time studies. Section 16 of the EAR sets out the period during which a full-time student is, in most cases, ineligible for income assistance or PPMB benefits.  Ful-time students who are no longer eligible for student loan funding because they have used up their allowable loans, bursaries or grants may be eligible for income assistance or PPMB benefits during summer break if they cannot find work.  
Part-time students remain eligible for income assistance provided they meet other eligibility requirements, including employment obligations. One should still notify the Ministry that they are attending part-time studies. Section 16 of the EAR sets out the period during which a full-time student is, in most cases, ineligible for income assistance or PPMB benefits.  Ful-time students who are no longer eligible for student loan funding because they have used up their allowable loans, bursaries or grants may be eligible for income assistance or PPMB benefits during summer break if they cannot find work.  


Students who are enrolled in unfunded programs (where student loans are not available) – such as high school completion, and adult basic education or English as a second language, may remain eligible for income assistance or PPMB benefits if they have received prior approval from the ministry.  
Students who are enrolled in unfunded programs (where student loans are not available) – such as high school completion, and adult basic education or English as a second language, may remain eligible for income assistance or PPMB benefits if they have received prior approval from the Ministry.  


'''When can a full-time student in a funded program of studies receive income or PPMB assistance?'''
'''When can a full-time student in a funded program of studies receive income or PPMB assistance?'''
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Other students who receive income assistance or PPMB benefits can have funds from training allowances, student loans, grants, bursaries, scholarships, or RESPs exempted by the Ministry as their income up to the amount of their “education costs” and “childcare costs.”  Section 8 of Schedule B to the EAR defines those terms. This applies if:
Other students who receive income assistance or PPMB benefits can have funds from training allowances, student loans, grants, bursaries, scholarships, or RESPs exempted by the Ministry as their income up to the amount of their “education costs” and “childcare costs.”  Section 8 of Schedule B to the EAR defines those terms. This applies if:
* The student is the dependent child (under 19) of a recipient of income assistance or PPMB benefits (note: dependent children may also have education and childcare costs exempted from any federal or provincial student loans they receive);  
* the student is the dependent child (under 19) of a recipient of income assistance or PPMB benefits (note: dependent children may also have education and childcare costs exempted from any federal or provincial student loans they receive);  
* The person is a part-time student in a program that is not eligible for student loan funding;  
* the person is a part-time student in a program that is not eligible for student loan funding;  
* The person has received prior permission from the Ministry to enroll as a full-time student in a program that is not eligible for student loan funding;  
* the person has received prior permission from the Ministry to enroll as a full-time student in a program that is not eligible for student loan funding;  
* The Ministry excuses the student from having employment-related obligations under s 29(4) of the EAR, and the student enrolls part-time in a program that is eligible for student loan funding (note: people in this category (which includes people with the PPMB designation)  may also  have education and childcare costs exempted from any federal or provincial  student loans they receive); or
* the Ministry excuses the student from having employment-related obligations under s 29(4) of the EAR, and the student enrolls part-time in a program that is eligible for student loan funding (note: people in this category (which includes people with the PPMB designation)  may also  have education and childcare costs exempted from any federal or provincial  student loans they receive); or
* The student is on income assistance and is a part-time student in a program that is eligible for student loans (note that students in this situation cannot have any money received from  Canada or provincial student loans exempted as income).
* the student is on income assistance and is a part-time student in a program that is eligible for student loans (note that students in this situation cannot have any money received from  Canada or provincial student loans exempted as income).


== K. Leaving the Province for More Than 30 Days ==
== K. Leaving the Province for More Than 30 Days ==


Welfare recipients who leave British Columbia for more than a total of 30 days in a calendar year usually cease to be eligible for benefits ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section17 EAR, s 17] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section15 EAPWDR, s 15]).  
Welfare recipients who leave British Columbia for more than 30 consecutive days usually cease to be eligible for benefits ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section17 EAR, s 17] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section15 EAPWDR, s 15]).  


If a recipient wishes to leave the province for more than 30 days in a calendar year and still get welfare, they must try to obtain prior authorization for continued assistance. The minister has discretion to authorize absences required to avoid undue hardship, to allow participation in a formal education program, or to obtain medical therapy prescribed by a medical practitioner.  
If a recipient wishes to leave the province for more than 30 consecutive days and still get welfare, they must try to obtain prior authorization for continued assistance. The minister has discretion to authorize absences required to avoid undue hardship, to allow participation in a formal education program, or to obtain medical therapy prescribed by a medical practitioner.  


== L. If the Ministry Refuses Income Assistance, PPMB Benefits, or Disability Assistance ==
== L. If the Ministry Refuses Income Assistance, PPMB Benefits, or Disability Assistance ==
LSLAP
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