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

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:  

#12 months for a first conviction (unless the overpayment is repaid in less than 12 months)   

#24 months for   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.   

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:  

'''NOTE:''' The details of the sanctions that MSDSI may apply under s 15.1 of the EAA (s 14.1 of the EAPWDA) and ss 32-34 of the EAR (ss 28-30 of the EAPWDR) are summarized in the Ministry's Policy an Procedures Manual at http://wwwon  the Online Resource in a table as above: http://www.gov.bc.ca/gov/content/governments/policies-ffor-government/bcea-policy-and-procedure-manual/eligibility/sanctions

Effective 1 June 2010, the legislation (EAA, s.\ 15.2 and EAPWDA, s 14.2) provides 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 women, and people in the end stage of a terminal illness (see  the EAR, s 38.1 and EAPWDR, s 34.1 for details).  

If MSDSI cuts off a person’s assistance due to an outstanding  warrant,  the  person  may appeal  the decision  by  requesting  reconsideration  by  MSDSI.  If  the  reconsideration  is  unsuccessful,  a  further appeal may be filed to the Employment and Assistance Appeal Tribunal (EAAT). While the appeal is in progress, the person should be able to collect a repayable appeal supplement.