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

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


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).
If a family unit provides inaccurate or incomplete information regarding eligibility (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#section10 s 10] or [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#section11 11 of the 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#section10 EAPWDA]), and as a result receives assistance for which it was not eligible, the Ministry may apply sanctions 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#section15.1 s 15.1 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#section14.1 s 14.1 of the EAPWDA]) and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section32 ss 32-34 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section28 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  
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#section15.1 s 15.1 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#section14.1 s 14.1 of the EAPWDA]) and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section32 ss 32-34 of the EAR] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section28 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).  
Since 1 June 2010, the legislation ([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#section15.2 EAA, s 15.2] 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#section14.2 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 [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section38.1 EAR, s 38.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section34.1 EAPWDR, s 34.1] for details).  


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:
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:
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== G. Labour Disputes ==
== G. Labour Disputes ==


Applicants are not eligible for income assistance, PPMB assistance, or disability assistance if they or their adult dependant is on strike or locked out (EAR, s 14 and EAPWDR, s 13). An applicant in this situation may, however, qualify for hardship assistance under s 45 of the EAR or s 40 of the EAPWDR. If a person is not on strike themselves but cannot go to work because their union is honouring another union's picket line, they can apply for income assistance.   
Applicants are not eligible for income assistance, PPMB assistance, or disability assistance if they or their adult dependant is on strike or locked out ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section14 EAR, s 14] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section13 EAPWDR, s 13]). An applicant in this situation may, however, qualify for hardship assistance under [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section45 s 45 of the EAR] or [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section40 s 40 of the EAPWDR]. If a person is not on strike themselves but cannot go to work because their union is honouring another union's picket line, they can apply for income assistance.   


== 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 the Ministry's policy at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs). This is to ensure they receive welfare immediately upon release. The John Howard Society (http://www.johnhowardbc.ca) 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: [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section15 s 15 of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section14 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 the Ministry's policy at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs). This is to ensure they receive welfare immediately upon release. The John Howard Society (http://www.johnhowardbc.ca) 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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