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Difference between revisions of "Welfare Overpayments and Fraud (21:VII)"
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Welfare Overpayments and Fraud (21:VII) (view source)
Revision as of 01:34, 25 August 2022
, 01:34, 25 August 2022no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 1st, 2022}} | ||
{{LSLAP Manual TOC|expanded = welfare}} | {{LSLAP Manual TOC|expanded = welfare}} | ||
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== C. Categories of Debt Repayment == | == C. Categories of Debt Repayment == | ||
Effective January 1, 2020 the Ministry has formulated three different monthly rates of debt repayment. $10 monthly payments will be made for overpayments, $20 monthly payments will be made for deposit debts including repayable security deposits, pet damage deposits and utility security deposits, and $100 monthly payments will be made for offence overpayments. Only one type of monthly payment can be collected at a time and the Ministry cannot heighten the repayment amount unless they obtain your consent ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89 EAR, ss 89-89.2] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74 EAPDR ss 74-74.2]). | Effective January 1, 2020, the Ministry has formulated three different monthly rates of debt repayment. $10 monthly payments will be made for overpayments, $20 monthly payments will be made for deposit debts including repayable security deposits, pet damage deposits and utility security deposits, and $100 monthly payments will be made for offence overpayments. Only one type of monthly payment can be collected at a time and the Ministry cannot heighten the repayment amount unless they obtain your consent ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89 EAR, ss 89-89.2] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74 EAPDR ss 74-74.2]). | ||
Further, the Ministry now also has the discretion not to deduct debts from ongoing welfare benefits where the family unit is homeless or at risk of being homeless or where a deduction in welfare benefits would put the health of someone in the family unit in danger. In addition, no deductions will be made from someone in a special care facility for extended care, or for alcohol or drug treatment ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89.1 EAR, s 89.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74.1 EAPDR s 74.1]) | Further, the Ministry now also has the discretion not to deduct debts from ongoing welfare benefits where the family unit is homeless or at risk of being homeless or where a deduction in welfare benefits would put the health of someone in the family unit in danger. In addition, no deductions will be made from someone in a special care facility for extended care, or for alcohol or drug treatment ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section89.1 EAR, s 89.1] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section74.1 EAPDR s 74.1]) | ||
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*Deduction for offence overpayments, where the person is convicted of a charge under the Criminal Code, [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] | *Deduction for offence overpayments, where the person is convicted of a charge under the Criminal Code, [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] | ||
'''NOTE:''' If a client has criminal welfare fraud charges (whether under the Criminal Code or for a statutory offence under the welfare legislation) this creates a potential “loss of livelihood” issue, so refer them to Legal Aid BC to see if they are eligible for a legal aid criminal lawyer. If the client is not eligible for Legal Aid, LSLAP may be able to assist them. | |||
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