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

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LSLAP Chapter Update 2017
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(LSLAP Chapter Update 2017)
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*Live with the applicant for more than half of each month.  
*Live with the applicant for more than half of each month.  


If roommates do not want to be considered a family unit, they must be able to show that they do not fit the definition of “spouse” in s 1.1 of the EAA and EAPWDA. In determining whether roommates fit the definition in s 1.1, MSDSI may look at common-sense indicia of a spousal relationship such as:  
If roommates do not want to be considered a family unit, they must be able to show that they do not fit the definition of “spouse” in s 1.1 of the EAA and EAPWDA. In determining whether roommates 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.;  
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== B. Failure to Meet Employment-Related Obligations ==
== B. Failure to Meet Employment-Related Obligations ==


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:  
Under EAA s 13, EAPWDA, s 12, EAR s 29 and 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:  
*a. fails to accept '''suitable employment''';  
*a. fails to accept '''suitable employment''';  
*b. voluntarily leaves employment '''without just cause''';  
*b. voluntarily leaves employment '''without just cause''';  
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*d. fails to demonstrate reasonable efforts to search for suitable employment.  
*d. fails to demonstrate reasonable efforts to search for suitable employment.  


“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”.  
“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”.  


“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 MSDSI Policy and Procedure Manual] states that just cause for leaving employment includes:
“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 that just cause for leaving employment includes:
*a. a physical or mental condition which precludes maintaining employment;  
*a. a physical or mental condition which precludes maintaining employment;  
*b. sexual or other harassment;  
*b. sexual or other harassment;  
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*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.  
*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 [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".
'''NOTE:''' The details of the sanctions that the Ministry may apply under EAA s 13, EAPWDA s 12, EAR s 29, and 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".


'''The above employment-related sanctions do not apply to recipients listed in EAR s 29(4).'''
'''The above employment-related sanctions do not apply to recipients listed in EAR s 29(4).'''
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== 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 ==


Section 14 of the EAA (s 13 of the EAPWDA) and s 31 of the EAR (s 27 of the EAPWDR) outline the sanctions that MSDSI may apply to applicants who fail to pursue income or assets or who dispose of property for inadequate consideration.   
Section 14 of the EAA (s 13 of the EAPWDA) and s 31 of the EAR (s 27 of the EAPWDR) outline the sanctions that the Ministry may apply to applicants who fail to pursue income or assets or who dispose of property for inadequate consideration.   


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


== D. Conviction or Civil Judgment for Welfare Fraud ==
== D. Conviction or Civil Judgment for Welfare Fraud ==
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*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 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 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.  
*a declaration of ineligibility by the Ministry following the Ministry 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.   
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.   
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Clinicians should consult these sections to see what specific repayment structure matches the client’s current family unit and welfare benefit status, and what exemptions they might be entitled to.   
Clinicians should consult these sections to see what specific repayment structure matches the client’s current family unit and welfare benefit status, and what exemptions they might be entitled to.   


== E. Providing Inaccurate or Incomplete Information to MSDSI ==
== E. Providing Inaccurate or Incomplete Information to the Ministry ==


If a household provides inaccurate or incomplete information regarding eligibility (under s 10 or 11 of the EAA or EAPWDA), and as a result receives assistance for which it was not eligible, MSDSI may apply sanctions 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).  
If a household provides inaccurate or incomplete information regarding eligibility (under s 10 or 11 of the EAA or EAPWDA), and as a result receives assistance for which it was not eligible, the Ministry may apply sanctions 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).  


'''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://www on 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
'''NOTE:''' The details of the sanctions that the Ministry 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://www on 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


== F. Outstanding Warrants ==
== F. Outstanding Warrants ==
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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 the Ministry cuts off a person’s assistance due to an outstanding warrant, the person may appeal the decision by requesting reconsideration by the Ministry. 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 the Ministry 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 the Ministry 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 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.   
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== 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 the Ministry'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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For students who receive '''disability assistance''', education and training allowances, scholarships, grants, bursaries and money from an RESP are all exempted as income.  However, student loans advanced to recipients of disability assistance are only exempt as income up to the amount of the person’s “education costs” and “daycare costs.” Both those terms are defined in section 8 of Schedule B to the EAPDWR Regulation.   
For students who receive '''disability assistance''', education and training allowances, scholarships, grants, bursaries and money from an RESP are all exempted as income.  However, student loans advanced to recipients of disability assistance are only exempt as income up to the amount of the person’s “education costs” and “daycare costs.” Both those terms are defined in section 8 of Schedule B to the EAPDWR Regulation.   


Certain students who receive '''income assistance or PPMB benefits''' can have funds from training allowances, student loans, grants, bursaries, scholarships, or RESPs exempted by MSDSI as their “income” up to the amount of their “education costs” and “childcare costs.”  Both those terms are defined in section 8 of Schedule B to the EAR. This applies if:
Certain 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.”  Both those terms are defined in section 8 of Schedule B to the EAR. This applies if:


* The student is the dependent child (under 19) of a recipient of income assistance or PPBM benefits;
* The student is the dependent child (under 19) of a recipient of income assistance or PPBM benefits;
* 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 MSDSI 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 student has been excused by MSDSI from having employment-related obligations under s 29(4) of the EAR, and is enrolled part-time in a program that is eligible for student loan funding;  
* The student has been excused by the Ministry from having employment-related obligations under s 29(4) of the EAR, and is enrolled part-time in a program that is eligible for student loan funding;  
* The student is a part time student in a program that is eligible for student loans (note that students in this situation cannot have grants, bursaries or scholarships from Canada Student Loans exempted as income);OR  
* The student is a part time student in a program that is eligible for student loans (note that students in this situation cannot have grants, bursaries or scholarships from Canada Student Loans exempted as income);OR  
* The student is in Ministry’s Single Parent Employment Initiative and in a program that is eligible for student loans (note that students in this situation cannot have grants, bursaries or scholarships from Canada Student Loans exempted as income).  
* The student is in Ministry’s Single Parent Employment Initiative and in a program that is eligible for student loans (note that students in this situation cannot have grants, bursaries or scholarships from Canada Student Loans exempted as income).  
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