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

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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).  
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.   
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.   


If a person is ineligible to collect assistance due to an outstanding warrant, he or she may be able to collect two other forms of financial help:  
If a person is ineligible to collect assistance due to an outstanding warrant, he or she may be able to collect two other forms of financial help:  
*A repayable monthly supplement may be paid if a person can show that without financial help, undue hardship will be experienced. Normally, this form of assistance can only be paid for three consecutive months, unless MSDSI authorizes payment for up to three additional months or  
*A repayable monthly supplement may be paid if a person can show that without financial help, undue hardship will be experienced. Normally, this form of assistance can only be paid for three consecutive months, unless MSDSI authorizes payment for up to three additional months or  
*A repayable transportation supplement may be available to those whose warrants were issued in a jurisdiction other than the one in which they live and who  are not able to cover the expense of traveling to that jurisdiction to deal with the warrant. The amount of this supplement is limited to the cost of the least expensive mode of travel.   
*A repayable transportation supplement may be available to those whose warrants were issued in a jurisdiction other than the one in which they live and who  are not able to cover the expense of traveling to that jurisdiction to deal with the warrant. The amount of this supplement is limited to the cost of the least expensive mode of travel.   


If MSDSI denies a person’s application for these two supplements, a request for reconsideration may be filed, but if that fails, no appeal may be made to the EAAT.  
If MSDSI denies a person’s application for these two supplements, a request for reconsideration may be filed, but if that fails, no appeal may be made to the EAAT.  
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If a person has a warrant that makes them ineligible for welfare, other people in their family unit can still get welfare.   
If a person has a warrant that makes them ineligible for welfare, other people in their family unit can still get welfare.   


For more information about how an outstanding warrant may affect a person’s eligibility for income assistance, the Community Legal Assistance Society of BC has a published a detailed fact sheet at:
For more information about how an outstanding warrant may affect a person’s eligibility for income assistance, the Community Legal Assistance Society of BC has a published a detailed [http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252000/Outstanding_warrants_fact_sheet_FINAL.pdf?1401252000 fact sheet].
http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252000/Outstanding_warrants_fact_sheet_FINAL.pdf?1401252000


== G. Labour Disputes ==
== G. Labour Disputes ==


Applicants are not eligible for income assistance, PPMB assistance, or disability assistance if they or their adult dependant is on strike or locked out (EAR, s 14 and EAPWDR, s 13). An applicant in this situation may, however, qualify for hardship assistance under s 45 of the EAR or s 40 of the EAPWDR. If  a person is not on strike themselves but cannot go to work because their union is honouring another union's picket line, they can apply for income assistance.   
Applicants are not eligible for income assistance, PPMB assistance, or disability assistance if they or their adult dependant is on strike or locked out (EAR, s 14 and EAPWDR, s 13). An applicant in this situation may, however, qualify for hardship assistance under s 45 of the EAR or s 40 of the EAPWDR. If  a person is not on strike themselves but cannot go to work because their union is honouring another union's picket line, they can apply for income assistance.   


== H. Being in Prison or “Other Lawful Place of Confinement” ==
== H. Being in Prison or “Other Lawful Place of Confinement” ==


A person in a “lawful place of confinement” or on  temporary leave from such a place is not eligible for assistance: s 15 of EAR and s 14 of EAPWDR.  However, pre-release prisoners are eligible to apply for welfare on an expedited basis, based on an immediate needs assessment (see [http://www.gov.bc.ca/meia/online_resource/application/immneeds/policy.html MSDSI’s policy]). This is intended to ensure that they can receive welfare immediately upon their release.   The [http://www.johnhowardbc.ca John Howard Society] provides pre-release planning assistance for prisoners, including  help with welfare applications.   
A person in a “lawful place of confinement” or on  temporary leave from such a place is not eligible for assistance: s 15 of EAR and s 14 of EAPWDR.  However, pre-release prisoners are eligible to apply for welfare on an expedited basis, based on an immediate needs assessment (see [http://www.gov.bc.ca/meia/online_resource/application/immneeds/policy.html MSDSI’s policy]). This is intended to ensure that they can receive welfare immediately upon their release. The [http://www.johnhowardbc.ca John Howard Society] provides pre-release planning assistance for prisoners, including  help with welfare applications.   


== I. Being a Full-Time Student ==
== I. Being a Full-Time Student ==
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Full-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 during summer break if they cannot find work.   
Full-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 during summer break if they cannot find work.   


Recipients of disability assistance, and their dependants, are not restricted from being full-time students.   
Recipients of disability assistance, and their dependants, are not restricted from being full-time students.   


Students who are enrolled in unfunded programs (where student loans are not available)—such  as high school completion and adult basic education or students whose post-secondary education is sponsored under a federal or provincial government plan—may remain eligible for income assistance if they have received prior approval from the minister. See EAR s 16(1)(b).  
Students who are enrolled in unfunded programs (where student loans are not available) — such as high school completion and adult basic education or students whose post-secondary education is sponsored under a federal or provincial government plan—may remain eligible for income assistance if they have received prior approval from the minister. See EAR s 16(1)(b).  


Single parents approved for the Single Parent Employment Initiative may also remain eligible for income assistance or PPMB benefits while they attend a funded program of studies (providing those studies are required in their Employment Plan). See EAR s 16(1.2)
Single parents approved for the Single Parent Employment Initiative may also remain eligible for income assistance or PPMB benefits while they attend a funded program of studies (providing those studies are required in their Employment Plan). See EAR s 16(1.2)


Part-time students remain eligible for income assistance provided other eligibility requirements, including employment obligations, are met.   
Part-time students remain eligible for income assistance provided other eligibility requirements, including employment obligations, are met.   


== J. Student funding and income exemptions ==
== J. Student funding and income exemptions ==
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== K. Leaving the Province for More Than 30 Days ==
== K. Leaving the Province for More Than 30 Days ==


Recipients who leave British Columbia for more than a total of 30 days in a calendar year usually cease to be eligible for income assistance (EAR, s 17 and EAPWDR, s 15).  
Recipients who leave British Columbia for more than a total of 30 days in a calendar year usually cease to be eligible for income assistance (EAR, s 17 and EAPWDR, s 15).  


If a recipient wishes to leave the province for more than 30 days in a calendar year, he or she should 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 that has been prescribed by a medical practitioner.  
If a recipient wishes to leave the province for more than 30 days in a calendar year, he or she should 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 that has been prescribed by a medical practitioner.  


== L. 24-Month Time Limit on Welfare Removed ==
== L. 24-Month Time Limit on Welfare Removed ==


Prior to October 1, 2012, recipients classified as employable were only eligible for benefits for a total period of 24 months out of every 60 months (see former section 27 of the EAR). Now, there is no longer a time limit and after 24 months there will be no reduction in benefits.   
Prior to October 1, 2012, recipients classified as employable were only eligible for benefits for a total period of 24 months out of every 60 months (see former section 27 of the EAR). Now, there is no longer a time limit and after 24 months there will be no reduction in benefits.   


== M. If the EAW Denies Welfare ==
== M. If the EAW Denies Welfare ==


If a person is denied welfare due to ineligibility, ensure that they receive this in writing, as they may want to challenge this decision. They may also still be eligible for hardship assistance.
If a person is denied welfare due to ineligibility, ensure that they receive this in writing, as they may want to challenge this decision. They may also still be eligible for hardship assistance.

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