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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 20:05, 10 August 2021
, 20:05, 10 August 2021no edit summary
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As of Sept 1, 2015, a person is no longer ineligible for income assistance, PPMB assistance or disability assistance ONLY because of either: | As of Sept 1, 2015, a person is no longer ineligible for income assistance, PPMB assistance or disability assistance ONLY because of either: | ||
*a conviction under the ''Criminal Code'' in relation to obtaining welfare benefits by fraud or false or misleading representation (i.e. the former "lifetime ban" has been repealed); | *a conviction under the ''Criminal Code'' in relation to obtaining welfare benefits by fraud or false or misleading representation (i.e. the former "lifetime ban" has been repealed); | ||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 [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 EAA] or [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 EAPWDA] (or prior welfare legislation); OR | ||
*a declaration of ineligibility by the Ministry following the Ministry 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. | ||
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 [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#section27 section 27 of the EAA] ([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#section18 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, 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: | [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89 Section 89, 89.1 and 89.2 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74 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) | *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 | *24 months for second conviction, (unless the overpayment is repaid in less than 24 months); and | ||