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Difference between revisions of "Factors That May Affect Welfare Eligibility (21:V)"
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Factors That May Affect Welfare Eligibility (21:V) (view source)
Revision as of 21:50, 27 July 2021
, 21:50, 27 July 2021no edit summary
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== A. Family Units, Dependency, and Spousal Relationships == | == A. Family Units, Dependency, and Spousal Relationships == | ||
Under | Under welfare legislation, the Ministry pays assistance not to individuals, but rather to “family units”. The legislation deems family units to include a welfare applicant or recipient, their “dependent children” and their “spouse.” Currently, the legislation considers couples living in a marriage like relationship with several aspects of dependence or interdependency to be spouses after they have lived together for '''twelve months'''. | ||
If two or more people are | '''NOTE: Previously, the legislated time requirement for two unmarried people living together in a marriage-like relationship was only 3 months. Currently, the Ministry cannot deem two people who live together, but are not married, “spouses” until they have lived together for one year.''' | ||
If two or more people are 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. | 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 | 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 a dependent child. | ||
'''NOTE:''' The Ministry does not consider other relatives, such as parents or adult children as dependants, even if they live with and rely upon the applicant. | |||
To be considered a "dependent child", a child must: | To be considered a "dependent child", a child must: | ||
*Be under 19 years old (unless the child is 18 and getting PWD benefits); | *Be under 19 years old (unless the child is 18 and getting PWD benefits); | ||
*Rely on the applicant for food, shelter, and clothing; AND | *Rely on the applicant for food, shelter, and clothing; AND | ||
*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 | Where separated parents have shared 50% custody of a child, if only one of the parents receives welfare, the child is deemed to be that parent’s dependent child. Where both parents receive welfare, the child is the dependent child of the parent that is agreed to in writing (EAR ss 1(2) and 1(2.1); EAPWDR ss 1(2) and 1(2.1)). | ||
Married couples who have separated but continue to live separate and apart under the same roof may qualify for welfare as individuals (not spouses) under section 1(5) of the EAR, and section 1(4) of the EAPWDR. Also see the Ministry’s policy about “separated married spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition | |||
If roommates do not want the Ministry to consider them 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 two people who live together 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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*whether they share household responsibilities on a consistent basis, i.e. childcare, meal preparation, laundry, shopping, house cleaning, etc.; and | *whether they share household responsibilities on a consistent basis, i.e. childcare, meal preparation, laundry, shopping, house cleaning, etc.; and | ||
*whether either party has an ongoing sexual relationship with another person. | *whether either party has an ongoing sexual relationship with another person. | ||
Cases where a disabled person lives with a roommate who helps with their disability caregiving needs can be tricky. Consider referring such cases to an organization such as Disability Alliance BC. Ministry policy provides that when it is assessing whether a disabled person is in a spousal relationship with a roommate, the Ministry must consider whether any interdependency in their relationship is attributable to the person’s disability caregiving needs (not a marriage like relationship) (see Ministry Procedures under “completing an assessment to determine if applicants or recipients are spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition) | |||
== 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, 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: | 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 | *a. fails to accept suitable employment; | ||
*b. voluntarily leaves employment | *b. voluntarily leaves employment without just cause; | ||
*c. is dismissed from employment | *c. is dismissed from employment for just cause; or | ||
*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 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”. | “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 Ministry 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 in the "reasons for sanctions" policy section 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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*e. following a spouse to new employment; | *e. following a spouse to new employment; | ||
*f. leaving an abusive or violent domestic situation; | *f. leaving an abusive or violent domestic situation; | ||
*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. | *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 | If the Ministry decides that the person's boss fired them for just cause or they 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 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 | *If the person does have dependent children, the Ministry can allow them to apply for income assistance or hardship assistance, but will reduce benefits by $100 for two months. | ||
'''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". | '''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). | '''NOTE:''' The above employment-related sanctions do not apply to recipients listed in EAR s 29(4). | ||
== 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 == | ||