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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 00:46, 25 August 2022
, 00:46, 25 August 2022no edit summary
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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'''. | 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'''. | ||
'''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. | '''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. | 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 [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]. | 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]. | ||
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*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. | 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 == | ||
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== I. Being a Full-Time Student == | == I. Being a Full-Time Student == | ||
Recipients of disability assistance and their dependants may study either full-time or part-time. | |||
The rules for recipients of income assistance and PPMB assistance are more complicated. | |||
Generally, unless they meet very specific criteria (see below), full time students who are eligible for student loan funding are not eligible for income assistance or PPMB assistance during the school term (EAR s 16). This limitation does not affect the dependent children of income assistance and PPMB recipients. | |||
Part-time students remain eligible for income assistance provided they meet other eligibility requirements, including employment obligations. One should still notify the ministry that they are attending part-time studies. Section 16 of the EAR sets out the period during which a full-time student is, in most cases, ineligible for income assistance or PPMB benefits. Ful-time students who are no longer eligible for student loan funding because they have used up their allowable loans, bursaries or grants may be eligible for income assistance or PPMB benefits during summer break if they cannot find work. | |||
Students who are enrolled in unfunded programs (where student loans are not available) | Students who are enrolled in unfunded programs (where student loans are not available) – such as high school completion, and adult basic education or English as a second language, may remain eligible for income assistance or PPMB benefits if they have received prior approval from the ministry. | ||
'''When can a full-time student in a funded program of studies receive income or PPMB assistance?''' | |||
As of July 12, 2021, if someone is already receiving income or PPMB assistance, they may be eligible to ask the Ministry for pre-approval to attend full-time studies for which student loans may be available, for up to two years. To be eligible, the person’s employment plan must have a condition requiring them to attend this program, and they must have been on assistance for the last 3 months (though that criteria can be waived in exceptional circumstances). For more information, see https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/education-and-training?keyword=students | |||
== J. Student funding and | == J. Student funding and Income Exemptions == | ||
If someone receiving welfare benefits is authorized to attend full or part time studies, and they receive funds related to being a student, some of those funds can be exempted to account for their school-related expenses. The rules here are quite complicated and depend on whether the studies are funded or unfunded, and also depend on the kind of welfare benefits the student receives. | |||
For students who receive '''disability assistance,''' the following things are all exempted as income: education and training allowances, scholarships, grants, bursaries and money from an RESP. However, student loans advanced to recipients of disability assistance are only exempt as income up to the amount of the person’s “education costs” and “daycare costs.” Section 8 of Schedule B to the EAPDWR defines both terms. | |||
* The student is the dependent child (under 19) of a recipient of income assistance or PPMB benefits; | For students on '''income assistance or PPMB''' assistance who are authorized to attend full-time funded studies (see above), if the student receives funds such as money from an RESP, a training allowance, or grants, bursaries, or scholarships (other than grants, bursaries or scholarships under the Canada Student Financial Assistance Act), the Ministry can exempt those funds up to the total of their “day care costs,” “education costs,” and “education-related living costs” (see EAR, Schedule B, s 8 for definitions of those. | ||
* The person is a part-time student in a program that is not eligible for student loan funding; | |||
* The person has received prior permission from the Ministry to enroll as a full-time student in a program that is not eligible for student loan funding; | Other students who receive income assistance or PPMB benefits can have funds from training allowances, student loans, grants, bursaries, scholarships, or RESPs exempted by the Ministry as their income up to the amount of their “education costs” and “childcare costs.” Section 8 of Schedule B to the EAR defines those terms. This applies if: | ||
* The Ministry excuses the student from having employment-related obligations under | * The student is the dependent child (under 19) of a recipient of income assistance or PPMB benefits (note: dependent children may also have education and childcare costs exempted from any federal or provincial student loans they receive); | ||
* The person is a part-time student in a program that is not eligible for student loan funding; | |||
* The student is | * The person has received prior permission from the Ministry to enroll as a full-time student in a program that is not eligible for student loan funding; | ||
* The Ministry excuses the student from having employment-related obligations under s 29(4) of the EAR, and the student enrolls part-time in a program that is eligible for student loan funding (note: people in this category (which includes people with the PPMB designation) may also have education and childcare costs exempted from any federal or provincial student loans they receive); | |||
* The student is on income assistance and is a part-time student in a program that is eligible for student loans (note that students in this situation cannot have any money received from Canada or provincial student loans exempted as income). | |||
== K. Leaving the Province for More Than 30 Days == | == K. Leaving the Province for More Than 30 Days == | ||
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== M. If the Ministry Refuses Income Assistance, PPMB Benefits, or Disability Assistance == | == M. If the Ministry Refuses Income Assistance, PPMB Benefits, or Disability Assistance == | ||
If the Ministry finds someone ineligible for income assistance, PPMB benefits, or disability assistance, ensure that they receive this in writing, as they may want to challenge this decision. They may also still be eligible for hardship assistance. | |||
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