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| Welfare is a basic form of income support provided by the state to those in need. In BC, the provincial government administers welfare via the Ministry of Social Development and Social Innovation (the MSDSI). '''Welfare is a “payer of last resort”''', which means that in order to receive welfare, a person must demonstrate that he or she has exhausted all other forms of support. This chapter will use the term “welfare” to describe all forms of income support provided by the BC government under the province’s welfare legislation. | | Welfare is a basic form of income support provided by the state to those in need. In BC, the provincial government administers welfare via the Ministry of Social Development and Social Innovation (the MSDSI). '''Welfare is a “payer of last resort”''', which means that in order to receive welfare, a person must demonstrate that he or she has exhausted all other forms of support. This chapter will use the term “welfare” to describe all forms of income support provided by the BC government under the province’s welfare legislation. |
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| == B. Referrals == | | == B. Welfare policy == |
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| See [[Referrals_(22) | Chapter 22: Referrals]] for additional referrals.
| | While the government’s policy on welfare is not law, it is an important lens for understanding welfare law in BC. MSDSI policy sets out the practical details of how welfare is to be administered. MSDSI’s welfare policies are contained in an “'''BC Employment and Assistance Policy andd Procedure Manual'''”, which is available at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual. The Policy and Procedure Manual incorporates MSDSI policy with the rules set out in the welfare legislation. |
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| === Community Legal Assistance Society (CLAS) ===
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| {{ResourcesLSLAP
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| | resource_description = May advise students on general welfare matters and help clients with judicial reviews.
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| | address = 300 – 1140 West Pender Street <br /> Vancouver, BC V6E 4G1
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| | phone = (604) 685-3425 <br /> Fax: (604) 685-7611
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| | online = [http://www.clasbc.net Website]
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| }}
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| === B.C. Public Interest Advocacy Centre ===
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| {{ResourcesLSLAP
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| | resource_description = May help students with appeals and judicial reviews.
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| | address = 208 – 1090 West Pender Street <br /> Vancouver, BC V6E 2N7
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| | phone = (604) 687-3063 <br /> Fax: (604) 682-7896
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| | online = [http://bcpiac.com Website] <br /> E-mail: bcpiac@bcpiac.com
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| }}
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| === Disability Alliance of BC ===
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| {{ResourcesLSLAP
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| | resource_description = <br />
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| *Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from MSDSI, which is needed to qualify for welfare disability assistance.
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| *Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals (www.disabilityalliancebc.org/money.htm).
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| | address = 204 – 456 West Broadway <br /> Vancouver, BC V5Y 1R3
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| | phone = Advocacy Access Program: (604) 872-1278 <br /> Fax: (604) 875-9227 <br /> TTY: (604) 875-8835
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| | online = [http://www.disabilityalliancebc.org Website]
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| }}
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| === First United Church ===
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| {{ResourcesLSLAP
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| | resource_description = Serves the Downtown Eastside. Provides advocacy and assistance for welfare, housing, and other poverty law issues. Operates a drop-in clinic. Hours are posted on their website.
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| | address = 320 East Hastings Street <br /> Vancouver, BC V6A 1P4
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| | phone = (604) 681-8365 <br /> Fax: (604) 681-8928
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| | online = [http://firstunited.ca/advocacy Website]
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| }}
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| === Kettle Friendship Society Advocacy Centre ===
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| {{ResourcesLSLAP
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| | resource_description = Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. Also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).
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| | address = 1725 Venables Street <br/> Vancouver, BC V5L 2H3
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| | phone = (604) 251-2801 <br /> Housing Division Telephone: (604) 251-5664 <br /> Fax: (604) 251-6354
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| | online = [http://www.thekettle.ca Website]
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| }}
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| === Downtown Eastside Women’s Centre ===
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| {{ResourcesLSLAP
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| | resource_description = Focuses on providing legal and non-legal support and advocacy for women with mental health issues.
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| | address = '''Drop-In Centre:''' <br /> 302 Columbia Street <br /> Vancouver, BC V6A 4J1 <br /> '''Emergency Shelter:''' <br /> 412 Cordova Street, Vancouver, BC
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| | phone = '''Drop-In Centre:''' (604) 681-8480 <br /> Fax: (604) 681-8470 <br /> '''Drop-In Centre:''' <br /> (604) 681-8480
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| | online = [http://www.dewc.ca Website]
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| }}
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| === ATIRA Women’s Resource Society ===
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| {{ResourcesLSLAP
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| | resource_description = Focuses on providing support for abused women. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues.
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| | address = 101 East Cordova Street, Vancouver
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| | phone = 604 331 1407 (105)
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| | online = [http://www.atira.bc.ca Website]
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| }}
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| === AIDS Vancouver Community Resource Centre ===
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| {{ResourcesLSLAP
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| | resource_description = Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.
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| | phone = (604) 695-4691
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| | online = [http://www.aidsvancouver.org Website] <br /> Email: support@aidsvancouver.org
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| }}
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| === Povnet: Find an Advocate ===
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| {{ResourcesLSLAP
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| | resource_description = Can be used to find other advocates and organizations that can help with welfare issues in all parts of BC.
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| | online = [http://www.povnet.org/find-an-advocate Website]
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| }}
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| == C. The Welfare Legislation ==
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| Welfare law in BC is governed by the following statutes and regulations, all of which are available at http://www.bclaws.ca:
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| ''Employment and Assistance Act'', SBC 2002, c 40 [EAA];
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| ''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR];
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| ''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 40 [EAPWDA]; and
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| ''Employment and Assistance for Persons with Disabilities Regulation'', BC Reg 265/2002 [EAPWDR].
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| Forms regulations under the EAA and EAPWDA create many of the forms that MSDSI uses in administering welfare. See also the ''Child in the Home of a Relative Transition Regulation'', BC Reg 48/2010.
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| Please keep in mind the following important points when dealing with a welfare law issue.
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| *'''Be current.''' The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important that students check the BC Laws website and confirm that one is dealing with the most current legislation. Occasionally, legislation on the MSDSI’s website is updated faster than BC Laws. Legislation is found on the MSDSI’s site at: http://www.eia.gov.bc.ca/ministry/leg.htm
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| *'''Be comprehensive.''' Be sure to read the relevant section of the appropriate act or regulation in its entirety and to scan the legislation for other relevant sections. The legislation is complex and often a number of provisions work together to govern a particular program or benefit.
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| *'''Be alert to mandatory versus discretionary wording.''' Welfare legislation contains a mix of mandatory provisions (requiring the government to do or provide something) and discretionary provisions (which permit, but do not require, the government to act in a particular way). Consider whether the legislative provisions relevant to the client’s case are mandatory or discretionary.
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| == D. Welfare policy ==
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| While the government’s policy on welfare is not law, it is an important lens for understanding welfare law in BC. MSDSI policy sets out the practical details of how welfare is to be administered. MSDSI’s welfare policies are contained in an “Online Resource”, which is available at http://www.gov.bc.ca/meia/online_resource/or_index/. The Online Resource incorporates MSDSI policy with the rules set out in the welfare legislation. | |
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| It is an extremely useful tool for researching welfare law and policy. | | It is an extremely useful tool for researching welfare law and policy. |
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| == E. Types of Welfare == | | == C. Types of Welfare == |
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| Under the current welfare legislation in BC, the following types of welfare benefits are available to those who qualify: | | Under the current welfare legislation in BC, the following types of welfare benefits are available to those who qualify: |
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| :{| class="wikitable" | | :{| class="wikitable" |
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| | On disability assistance, a single person under age 65 currently receives '''$906.42 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities. | | | On disability assistance, a single person under age 65 currently receives '''$906.42 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities. On September 1, 2016, this will increase to $931.42 per month (or $52 per month more if the person chooses not to have a bus pass) |
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| | On PPMB hardship assistance, a single person under age 65 currently receives '''$657.92 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities. | | | On PPMB hardship assistance, a single person under age 65 currently receives '''$657.92 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities. |
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| | On disability hardship assistance, a single person under age 65 currently receives '''$906.42 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities. | | | On disability hardship assistance, a single person under age 65 currently receives '''$906.42 per month''' to cover housing, utilities, food, transportation, clothing, and all other basic necessities. On September 1, 2016, this will increase to $931.42 per month (or $52 per month more if the person chooses not to have a bus pass) |
| |} | | |} |
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| *'''HEALTH SUPPLEMENTS.''' Recipients of income assistance, PPMB, and disability assistance may qualify for various health supplements from the MSDSI. See Part 5, division 5 of the EAR, and the EAPWDR. The MSDSI has a useful table summarizing health supplements that may be available, at http://www.sdsi.gov.bc.ca/forms/rfs/health_supplements_eligibility.pdf | | *'''HEALTH SUPPLEMENTS.''' Recipients of income assistance, PPMB, and disability assistance may qualify for various health supplements from the MSDSI. See Part 5, division 5 of the EAR, and the EAPWDR. The MSDSI has a useful table summarizing health supplements that may be available, at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment |
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| *'''SUPPLEMENTS''' These are other forms of assistance that may be provided on a case-by-case basis for specific purposes set out under the EAA and EAPWDA and their associated regulations. See especially Part 5 of the EAR, Part 5 of the EAPWDR, and [http://www.mhr.gov.bc.ca/mhr/gs.htm MSDSI website].
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| == F. Useful Publications by Outside Agencies ==
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| In addition to this LSLAP manual chapter, students may wish to refer to the following publications:
| | *'''SUPPLEMENTS''' These are other forms of assistance that may be provided on a case-by-case basis for specific purposes set out under the EAA and EAPWDA and their associated regulations. See especially Part 5 of the EAR, Part 5 of the EAPWDR, and [http://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/on-assistance/supplements MSDSI website]. |
| *BC Disability Benefits Help Sheets. These 15 guides are published by Disability Alliance BC. They are available at http://www.disabilityalliancebc.org and cover many areas relating to applying for benefits and appealing decisions. | |
| *Your Welfare Rights, a plain language guide published by the Legal Services Society for welfare clients and advocates. It is available at http://www.lss.bc.ca and gives an excellent overview of welfare issues.
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