Difference between revisions of "Special Situations and Welfare (21:IV)"

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{{REVIEWED LSLAP | date= August 1st, 2023}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


== A. People Living on a First Nations Reserve ==
== A. People Living on a First Nations Reserve ==


People (whether aboriginal or non-aboriginal) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Aboriginal  Affairs  and Northern Development Canada.  
People (whether aboriginal or non-aboriginal) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Indigenous and Northern Affairs Canada.


For First Nations persons living off a reserve, the usual policies and procedures for granting welfare through the MSDSI apply.  
For First Nations persons living off a reserve, the usual policies and procedures for qualifying for welfare through the Ministry apply. For more information, see the following Legal Aid Publications:


For more information, see the following Legal Services Society’s publications:  
'''Aboriginal Legal aid in BC website: ''' <br/>
*[http://www.lss.bc.ca/publications/pub.php?pub=5 Aboriginal People and Law], chapter 16 (Social Assistance)
Income assistance on reserve section at: <br/>
*[http://www.lss.bc.ca/publications/pub.php?pub=100 Social Assistance on Reserve in BC] 
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php  


== B. Transients and People Staying at Emergency Shelters and Transition Houses ==
== B. Adults Aged 19-26 Who Were in Foster Care ==


Section 1 of the EAR defines “transient” as a person who
Youth that were in care when they turned 19, and that are now aged 19 to 26 years old, may be eligible for further benefits from the MCFD. One can apply for these if one was in any of the following arrangements:
*a. has no dependent children;  
* The custody of a director or permanent custody of the Superintendent;  
*b. has no fixed address; and
* The guardianship of a director of adoption;  
*c. in  the  minister’s  opinion,  is  not  taking  up  permanent  residence in  the  community  in  which  the person submits an application for income assistance.  
* The guardianship of a director under the Family Relations Act; or  
* A Youth Agreement.  


Transient persons may qualify for the cost of housing in a hostel and food (EAR, Schedule A, s 10). A transient person is not eligible for an earnings exemption under the EAR, schedule B, s. 3(7), or for Health Supplements under Division 5 of the EAR.
If one meets the two requirements above, then they may be eligible for $1,250 a month in supports from the MCFD. For further information please see the following link:


A person or family staying in emergency shelters or transition houses may be covered for the actual cost of accommodation and care as well as a comfort allowance calculated for the family unit of the applicant (EAR, Schedule A, s 9).
https://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/teens-in-foster-care/agreements-with-young-adults
 
 
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Latest revision as of 18:12, 12 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1st, 2023.



A. People Living on a First Nations Reserve

People (whether aboriginal or non-aboriginal) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Indigenous and Northern Affairs Canada.

For First Nations persons living off a reserve, the usual policies and procedures for qualifying for welfare through the Ministry apply. For more information, see the following Legal Aid Publications:

Aboriginal Legal aid in BC website:
Income assistance on reserve section at:
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php

B. Adults Aged 19-26 Who Were in Foster Care

Youth that were in care when they turned 19, and that are now aged 19 to 26 years old, may be eligible for further benefits from the MCFD. One can apply for these if one was in any of the following arrangements:

  • The custody of a director or permanent custody of the Superintendent;
  • The guardianship of a director of adoption;
  • The guardianship of a director under the Family Relations Act; or
  • A Youth Agreement.

If one meets the two requirements above, then they may be eligible for $1,250 a month in supports from the MCFD. For further information please see the following link:

https://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/teens-in-foster-care/agreements-with-young-adults


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.