Special Situations and Welfare (21:IV)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 02, 2019.

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.

For First Nations persons living off a reserve, the usual policies and procedures for granting welfare through the the Ministry apply.

For more information, see the following Legal Services Society’s publications:

B. Transients and People Staying at Emergency Shelters and Transition Houses

Section 1 of the EAR defines “transient” as a person who

  • a. has no dependent children;
  • b. has no fixed address; and
  • 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.

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.

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; EAPWDR, Schedule A, s 8).

© Copyright 2020, The Greater Vancouver Law Students' Legal Advice Society.

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