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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 19:17, 10 August 2021
, 19:17, 10 August 2021no edit summary
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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. | 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 [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section1 s 1 of the EAA] and the definition of “spouse” in s 1.1. The same definitions exist in the corresponding sections of the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section1 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 dependent child. | 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. | ||
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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. | ||
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)). | 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 ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section1 EAR ss 1(2) and 1(2.1)]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section1 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 | 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: | 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 [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section1.1 s 1.1 of the EAA] and [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section1.1 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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== 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 [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section13 EAA s 13], [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section12 EAPWDA, s 12], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 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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*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. | *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 [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section13 EAA s 13], [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section12 EAPWDA s 12], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 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 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 [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 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 == | ||