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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 22:02, 20 September 2022
, 22:02, 20 September 2022→A. Family Units, Dependency, and Spousal Relationships
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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: | 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 they have separate bank accounts, divide bills, etc.; | ||
* | *Whether have they acknowledged a common law or sexual relationship as existing between them, either socially or for any other purpose; | ||
* | *Whether they share household responsibilities on a consistent basis, i.e. childcare, meal preparation, laundry, shopping, house cleaning, etc.; and | ||
* | *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. 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) | 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) | ||