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

Under the welfare legislation, assistance is paid not to individuals, but rather to “family units”. Family units are deemed under the legislation to include a welfare applicant or recipient, his or her “dependent children” and his or her “spouse.”Note that “spouse” and “dependent child” are defined in the legislation.  

If two or more people are considered to be 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 s 1 of the EAA and the definition of “spouse” in s 1.1. The same definitions exist in the corresponding sections of the 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 partner  living with the applicant and can also be a child. Note: other relatives, such as parents or adult children, are not considered dependants, even if they live with and rely upon the applicant.  

*whether   they   share   household   responsibilities   on   a   consistent   basis,   i.e.   childcare,   meal preparation, laundry, shopping, house cleaning, etc.; and

Under EAA s 13, EAPWDA, s 12, EAR s 29 and EAPWDR s 25, MSDSI 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:  

“Suitable employment” is not defined in the income assistance legislation, but a past MSDSI 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”.  

“Just cause” for leaving employment is not defined in the legislation, but the MSDSI Policy and Procedure Manual at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions states that just cause for leaving employment includes:

*g. 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 h.reasonable assurance of another job.  

If the Ministry decides that the person was fired for just cause or quit a job without just cause, penalties may apply, including:  

*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.  

*If the person does have dependent children, the Ministry can allow them to apply for income assistance or hardship assistance, but the benefits will be reduced by $100 for two months.  

'''NOTE:''' The details of the sanctions that MSDSI may apply under EAA s 13, EAPWDA s 12, EAR s 29,   and   EAPWDR   s   25   are   summarized   in   the   Ministry's Policy and Procedures Manual in a table under "reasons for sanctions" at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions.

'''NOTE:''' The details of the sanctions that MSDSI may apply under EAA s 14 (s 13 of the EAPWDA) and EAR s 31 (s 27 of the EAPWDR) are summarized in the  Online  Resource  in the table as above, at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions, indexed under "Reasons for Sanctions".   

As of Sept 1, 2015 , a person is no longer ineligible for income assistance, PPMB assistance or disability assistance ONLY because of either:  

*a conviction under the ''Criminal Code'' in relation to obtaining  welfare benefits by fraud or false or misleading representation (i.e. lifetime ban repealed);   

*a conviction of a statutory offence under the EAA or EAPWDA (or prior welfare legislation); OR  

*a declaration of ineligibility by MSDSI following MSDSI obtaining a civil judgment against them for a welfare overpayment.  

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 section 27 of the EAA (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.”

Section 89 and 89.1 of the EAR (74 and 74.1 of the EAPWDA) 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 EAPDA, that deduction continues for: