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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 22:56, 27 July 2021
, 22:56, 27 July 2021no edit summary
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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.” | 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. | Section 89, 89.1 and 89.2 of the EAR (74, 74.1 and 74.2 of the EAPWDR) 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 EAPWDA, 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: | 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: | ||
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*A recipient in the family unit is liable for an offence overpayment but the person convicted of the criminal code offence or Act offence that resulted in the offence overpayment is not a member of the family unit for the benefit month. | *A recipient in the family unit is liable for an offence overpayment but the person convicted of the criminal code offence or Act offence that resulted in the offence overpayment is not a member of the family unit for the benefit month. | ||
Clinicians should consult | Clinicians should consult the above-reference sections of the EA and EAPD legislation to see what specific repayment structure matches the client’s current family unit and welfare benefit status, and what exemptions the legislation might entitle them to. | ||
== E. Providing Inaccurate or Incomplete Information to the Ministry == | == E. Providing Inaccurate or Incomplete Information to the Ministry == | ||
If a | If a family unit 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 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 and Procedures Manual at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions | |||
== F. Outstanding Warrants == | == F. Outstanding Warrants == | ||
Since 1 June 2010, the legislation (EAA, s 15.2 and EAPWDA, s 14.2) has provided 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 people, and people in the end stage of a terminal illness (see the EAR, s 38.1 and EAPWDR, s 34.1 for details). | |||
If | If a person is ineligible to collect assistance due to an outstanding warrant, or a family unit’s benefits are reduced because a person within the family unit has an outstanding warrant issued against them, they may be able to collect two other forms of financial help: | ||
#The Ministry may pay a repayable monthly supplement if a family unit can show that without financial help, they will experience undue hardship. Normally, the Ministry may only pay this form of assistance for three consecutive months, unless the Ministry authorizes payment for up to three additional months. The amount of the repayable warrant supplement provided is up to the amount of assistance the family unit would normally receive if none of the adults in the family unit were warrant holders; 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 Ministry limits the amount of this supplement to the cost of the least expensive mode of travel. | |||
If a | If the Ministry denies a person’s application for these two supplements, an applicant may file a request for reconsideration, but if that fails, they cannot appeal to the EAAT. | ||
If | If a person has a warrant that makes them ineligible for welfare, other people in their family unit can still get welfare at a reduced amount. Visit the below link to view a table of reduced welfare amounts for family units where an individual holds a warrant. These rates can be compared to the amount of assistance the family unit would normally receive if none of the adults in the family unit were warrant holders to ascertain the amount of repayable warrant supplement you may be eligible for: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/income-assistance-warrant-holder-rate-table | ||
For more information about how an outstanding warrant may affect a person’s eligibility for income assistance, the Community Legal Assistance Society has a detailed fact sheet at http://clasbc.net/wp-content/uploads/2019/06/Outstanding_warrants_fact_sheet_FINAL.pdf Also see the Ministry’s policy at: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/warrants | |||
For more information about how an outstanding warrant may affect a person’s eligibility for income assistance, the Community Legal Assistance Society | |||
== G. Labour Disputes == | == G. Labour Disputes == | ||