Difference between revisions of "Welfare Rates and Payment Issues (21:VIII)"

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{{REVIEWED LSLAP | date= June 30, 2021}}
 
{{LSLAP Manual TOC|expanded = welfare}}
 
{{LSLAP Manual TOC|expanded = welfare}}
  
 
== A. Income Assistance, PPMB Assistance, and Disability Assistance Rates ==
 
== A. Income Assistance, PPMB Assistance, and Disability Assistance Rates ==
  
People who are eligible for income assistance, PPMB assistance, or disability assistance are entitled to the amounts determined in Schedule A of the EAR or EAPWDR, minus any non-exempt net income available to the family as determined under Schedule B.
+
People who are eligible for income assistance, PPMB assistance, or disability assistance are entitled to the assistance amounts determined in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A of the EAR] or [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR], minus any non-exempt income  
  
All rates are monthly and set out in Schedule A of the EAR and EAPWDR. The rates are divided into a portion for shelter, and a separate portion for support (which is intended to cover all living expenses other than shelter, including food, clothing, etc.). The shelter portion is listed  as a maximum. MSDSI will only pay the lesser of a person’s actual shelter costs or the maximum listed shelter allowance. Below are examples of monthly rates for different family configurations:
+
All rates are monthly and set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR]. The Ministry divides the rates into a portion for shelter, and a separate portion for support (which the Ministry intends to cover all living expenses other than shelter, including food, clothing, etc.). The shelter portion listed is a maximum. The Ministry will only pay the lesser of a person’s actual shelter costs or the maximum listed shelter allowance. Below are examples of monthly rates for different family configurations:
*For a single person under age 65 on income assistance: $235.00 for support plus up to $375.00 for shelter, for a total of '''$610.00 per month'''.
+
*For a single person under age 65 on income assistance: $560.00 for support plus up to $375.00 for shelter, for a total of '''$935.00 per month'''.
*For a single person under 65 on PPMB assistance: $282.92 for support plus up to $375.00 for shelter, for a total of '''$657.92 per month'''.  
+
*For a single person under 65 on PPMB assistance: $607.92 for support plus up to $375.00 for shelter, for a total of '''$982.92 per month'''.  
*For a four-person family (two parents, both under age 65, and two children) on income assistance: $401.06 for support plus $700.00 for shelter, for a total of '''$1 101.06 per month'''.  
+
*For a four-person family (two parents, both under age 65, and two children) on income assistance: $951.06 for support plus $700.00 for shelter, for a total of '''$1 651.06 per month'''.  
*For a couple under age 65 where one person has Persons with Disabilities status: $700.56 for support and $570 for shelter, for a total of '''$1 270.56 per month'''.  
+
*For a single person under 65 on disability assistance: $983.42 for support and $375 for shelter, for a total of '''$1 358.42 per month'''.
  
'''NOTE:''' MSDSI has announced that the disability assistance support rate will be increased by $25 per month for a single person on September 1, 2016. At the time of writing this chapter, the increase for couples and families with children on disability assistance had not been announced.
+
NOTE: Helpful rate tables are online at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables. These show the shelter support and shelter rates for all forms of assistance under the [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] 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 EAPWDA]
  
MSDSI has also announced that as of September 1, 2016, a $52/month transportation subsidy will be given to all recipients of disability assistance. With this change, the former “special transportation subsidy” that some recipients of disability assistance received, is being eliminated. The recipient of the new $52/month transportation subsidy then has the option each month to:
+
== B. Persons with Disabilities Transportation Supplement ==
  
purchase a monthly bus pass for $52 through MSDSI. If the person wants to do this, they must contact MSDSI by the 5th of the month prior to the month they want the bus pass.
+
People with the PWD designation who receive disability assistance are also eligible for a transportation supplement of $52 per month. This and can be used for an annual bus pass or for other transportation needs. It can be received as cash or as an in-kind bus pass, and individuals can apply for or cancel their bus pass at any time during the year.  See section 54.2 of the EAPDWR.
  
OR
+
People who stop receiving disability assistance benefits for certain reasons may be able to keep this transportation supplement for a period of time.  See the Ministry’s policy about the “transitional transportation support” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/transportation-supplement?keyword=transporation&keyword=supplement
  
keep the $52 in a given month and spend it on their transportation or other needs.
+
== C. Canada Child Benefit ==
  
'''NOTE:''' Helpful rate tables are online at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables. These show the shelter support rates for all forms of assistance under the EAA and EAPWDA.  
+
In addition to the support allowance, families may also receive the Canada Child Benefit for children under 18, which includes the old Universal Child Care Benefit for children under 6, the former Canada Child Tax Benefit, and what the government called (until 2016) the national child benefit supplement.  If a family’s Canada Child Benefit for a given month is less than what [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section1 sections 1 of the EAR] and EAPDR define as the “BC child adjustment amount” (see table below) for each child aged two months to 18 years, (e.g. because a child is ineligible, or a check is delayed), then the Ministry may issue a top up to that amount, as per the chart below.  See also [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduleA EAR Schedule A], section 2(2).
  
In addition to the support allowance, families may also receive the Canada Child Tax Benefit for children under 18 and the Universal Child Care  Benefit for children under 6. A Canada Child Tax Benefit cheque usually includes the national child benefit supplement. If a family does not receive the maximum rate of the national child benefit supplement (see table below) for each child aged two months to 18 years, (e.g. because  a child is ineligible or a check is delayed), see EAR, Schedule A, s 2(2), then MSDSI may issue a top up to that amount, as per the chart below:
+
Note that the amount of the maximum BC child adjustment amount is adjusted every year on July 1, beginning on July 1, 2018, by the percentage increase, if any, of the consumer price index for the 12 month period ending September 30 of the previous year.  The amounts shown below are for 2020. See https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/general-supplements-and-programs-rate-table
  
 
{| class="wikitable"
 
{| class="wikitable"
 
|-
 
|-
| Number of Children || Maximum national child benefit supplement (and Top-Up Supplement if eligible)
+
| Number of Children || Maximum BC child adjustment amount)
 
|-
 
|-
| One || $185.08 per month
+
| One || $206.17 per month
 
|-
 
|-
| Two || $348.74 per month
+
| Two || $388.59 per month
 
|-
 
|-
| Three || $504.51 per month
+
| Each additional child beyond two || An additional $173.50 per additional child, per month
|-
 
| Each additional child beyond three || $155.77 per child, per month
 
 
|}
 
|}
  
== B. Calculating the Shelter Allowance ==
+
== D. Calculating the Shelter Allowance ==
  
 
Recipients of income assistance, PPMB assistance, and disability assistance are eligible for a monthly shelter allowance equivalent to their  actual shelter costs, '''up to the maximum set out in the Regulations''' for their household size:  
 
Recipients of income assistance, PPMB assistance, and disability assistance are eligible for a monthly shelter allowance equivalent to their  actual shelter costs, '''up to the maximum set out in the Regulations''' for their household size:  
Line 63: Line 62:
 
|}
 
|}
  
Recipients are not eligible for the full monthly shelter allowance if they are not paying that much in shelter costs. Schedule A, s 5 of the EAR and EAPWDR set out what expenses items can be included when calculating shelter costs. They are: rent, mortgage payments, house insurance premiums, property taxes for the recipient’s own home, utility costs, and the actual cost of maintenance and repairs for the recipient’s own home '''if''' these costs have been approved. Note that the definition of “utility costs” in Schedule A, s 5(1) of the EAR and EAPWDR is quite broad. 
 
 
Where two or more family units share the same place of residence, the family units’ shelter costs are calculated according to s 5(4) of Schedule A of the EAR and EAPWDR.
 
  
== C. Rates for People Receiving Room and Board ==
+
Recipients are eligible for the full monthly shelter amount only if they are paying at least that much in shelter costs. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A, s 5 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR] set out what expenses and items can be included when calculating shelter costs. They are: rent, mortgage payments, house insurance premiums, property taxes for the recipient’s own home, utility costs, and the actual cost of maintenance and repairs for the recipient’s own home '''if''' these costs have been approved.  Note that the definition of “utility costs” in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A, s 5(1) of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR] is quite broad. 
  
Schedule A, s 6 of the EAR and EAPWDR set out the method for calculating the income assistance and disability assistance rates for a family unit receiving room and board.
+
Where two or more family units share the same place of residence, the Ministry calculates family units’ shelter costs according to s 5(4) of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR].  
  
If recipients receive room and board from a parent or child, only the support allowance that is payable to that family unit size shall be paid.
+
== E. Rates for People Receiving Room and Board ==
  
MSDSI has announced that the support rate will also be increased as of September 1, 2016 for people with the PWD designation who receive room and board. The announcement is that they will receive a $25 support rate increase and have the choice between buying a bus pass from MSDSI each month or receiving a $52 transportation allowance each month.  
+
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A, s 6 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR] set out the method for calculating the income assistance and disability assistance rates for a family unit receiving room and board.
  
== D. Rates for People Living in Emergency Shelters and Transition Houses ==
+
Until July 1, 2019, recipients who received room and board from a parent or adult child, were only entitled to a support allowance for a family unit of their size.   As of July 1, 2019, they are entitled to payments up to the maximum support and shelter allowances for a family unit of their size, calculated in the same manner as anyone else in a room and board situation.
  
Schedule A, s 9 of EAR and EAPWDR provide for the level of assistance for a family unit is receiving accommodation and care in an emergency shelter or transition house.  
+
People with the PWD designation who receive room and board are also eligible for the Persons with Disabilities Transportation Supplement described in section B above.  
  
== E. Rates for “Transients” ==
+
== F. Rates for People Living in Emergency Shelters and Transition Houses ==
Schedule A, s 10 of the EAR sets out the amount of income assistance available to a person that falls under the legislative definition of “transient” (in s 1 of the EAR). The EAPWD legislation does not have a definition of “transient” nor rules that apply to “transients.”
 
  
== F. Rates for People in a Special Care Facility ==
+
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A, s 9 of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR] provide for the level of assistance for a family unit that is receiving accommodation and care in an emergency shelter or transition house.
  
“Special care facility” is defined in s 1 of each regulation as a specialized adult residential care setting approved by MSDSI or a licensed boarding home, alcohol or drug treatment centre, a personal care facility, or intermediate care facility.
+
== G. Rates for People in a Special Care Facility ==
  
Schedule A, s 8 of EAR and the EAPWDR sets out what MSDSI will cover for shelter and support for a person residing at such a facility.
+
Section 1 of each regulation defines “Special care facility” as “a facility that is a licensed community care facility under the Community Care and Assisted Living Act or a specialized adult residential care setting approved by the minister under subsection (3).”  [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A, s 8 of EAR] and the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#schedulea EAPWDR] sets out what the Ministry will cover for shelter and support for a person residing at such a facility.  
  
== G. Children in the Home of a Relative (CIHR) - repealed ==
+
== H. Children in the Home of a Relative (CIHR) - repealed ==
  
Until 31 March 2010 the EAA provided that if a child was supported in the home of a relative other than the child’s parent and no parent of the  child was able to pay the total cost of the child’s care, MSDSI would pay income assistance according to the child’s age:
+
Until 31 March 2010 the [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] provided that if a child was supported in the home of a relative other than the child’s parent and no parent of the  child was able to pay the total cost of the child’s care, the Ministry would pay income assistance according to the child’s age:
  
 
{| class="wikitable"
 
{| class="wikitable"
Line 111: Line 106:
 
|}
 
|}
  
The CIHR provisions were repealed as of 1 April 2010 (BC Reg 48/2010). '''However, these provisions still apply to families that include children who were approved under the old provision prior to 31 March 2010, or who filed their applications prior to 31 March 2010 and were subsequently approved''' under the old provision (see the Child in the Home of a Relative Transition Regulation). The following repealed sections contained key provisions dealing with Children in the Home of a Relative: EAR s 6; s 11(1)(b)(iv); s 27; s 29; s 33; s 34; s 34.1; 49; 50; 60; 61; 67; 67.1; 68; 71; 73; 74.01; 75; and Schedule A, s 11.  
+
The BC government repealed the CIHR provisions on 1 April 2010 (BC Reg 48/2010). '''However, these provisions still apply to families that include children who were approved under the old provision prior to 31 March 2010, or who filed their applications prior to 31 March 2010 and were subsequently approved''' under the old provision (see the Child in the Home of a Relative Transition Regulation). The following repealed sections contained key provisions dealing with Children in the Home of a Relative: [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section6 EAR s 6]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section11 s 11(1)(b)(iv)]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section27 s 27]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 s 29]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section33 s 33]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section34 s 34]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section34 s 34.1]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section49 49]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section50 50]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section60 60]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section61 61]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section67 67]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section67.1 67.1]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section68 68]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section71 71]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section73 73]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section74.01 74.01]; [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section75 75]; and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#schedulea Schedule A, s 11].
 
 
== H. Method of Payment of Assistance ==
 
 
 
MSDSI’s standard method of payment is by direct deposit by Electronic Funds Transfer (EFT) into the recipient’s bank account. 
 
  
Applicants can generally get an exemption where EFT payment is not appropriate for them. Such recipients typically receive their benefit cheque by picking it up from the MSDSI office. 
+
== I. Method of Payment of Assistance ==
  
MSDSI also commonly pays recipients’ shelter allowances directly to their landlords. This is optional.
+
The Ministry’s standard method of payment is by direct deposit by Electronic Funds Transfer (EFT) into the recipient’s bank account.  Applicants can generally get an exemption where EFT payment is not appropriate for them.  Such recipients typically receive their benefit cheque by picking it up from the Ministry office, or by mail.  The Ministry also commonly pays recipients’ shelter allowances directly to their landlords. This is optional.  
  
== I. Lost or Stolen Cheques ==
+
== J. Lost or Stolen Cheques ==
  
Section 92 of the EAR and s 77 of the EAPWDR authorize the issuance of a replacement of an unendorsed assistance cheque as long as:  
+
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section92 Section 92 of the EAR] and s 77 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section77 EAPWDR] authorize the issuance of a replacement of an unendorsed assistance cheque if:  
*(a) in the case of theft, the matter has been reported to police; and  
+
*(a) in the case of theft, the victim reported the matter to police; and  
 
*(b) in the case of loss or theft, the recipient  
 
*(b) in the case of loss or theft, the recipient  
 
**(i) makes a declaration of the facts; and  
 
**(i) makes a declaration of the facts; and  
**(ii) undertakes to promptly deliver the lost or stolen cheque to MSDSI if it is recovered.
+
**(ii) undertakes to promptly deliver the lost or stolen cheque to the Ministry if it is recovered.
  
  
 
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Latest revision as of 10:56, 15 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.



A. Income Assistance, PPMB Assistance, and Disability Assistance Rates[edit]

People who are eligible for income assistance, PPMB assistance, or disability assistance are entitled to the assistance amounts determined in Schedule A of the EAR or EAPWDR, minus any non-exempt income

All rates are monthly and set out in Schedule A of the EAR and EAPWDR. The Ministry divides the rates into a portion for shelter, and a separate portion for support (which the Ministry intends to cover all living expenses other than shelter, including food, clothing, etc.). The shelter portion listed is a maximum. The Ministry will only pay the lesser of a person’s actual shelter costs or the maximum listed shelter allowance. Below are examples of monthly rates for different family configurations:

  • For a single person under age 65 on income assistance: $560.00 for support plus up to $375.00 for shelter, for a total of $935.00 per month.
  • For a single person under 65 on PPMB assistance: $607.92 for support plus up to $375.00 for shelter, for a total of $982.92 per month.
  • For a four-person family (two parents, both under age 65, and two children) on income assistance: $951.06 for support plus $700.00 for shelter, for a total of $1 651.06 per month.
  • For a single person under 65 on disability assistance: $983.42 for support and $375 for shelter, for a total of $1 358.42 per month.

NOTE: Helpful rate tables are online at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables. These show the shelter support and shelter rates for all forms of assistance under the EAA and EAPWDA

B. Persons with Disabilities Transportation Supplement[edit]

People with the PWD designation who receive disability assistance are also eligible for a transportation supplement of $52 per month. This and can be used for an annual bus pass or for other transportation needs. It can be received as cash or as an in-kind bus pass, and individuals can apply for or cancel their bus pass at any time during the year. See section 54.2 of the EAPDWR.

People who stop receiving disability assistance benefits for certain reasons may be able to keep this transportation supplement for a period of time. See the Ministry’s policy about the “transitional transportation support” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/transportation-supplement?keyword=transporation&keyword=supplement

C. Canada Child Benefit[edit]

In addition to the support allowance, families may also receive the Canada Child Benefit for children under 18, which includes the old Universal Child Care Benefit for children under 6, the former Canada Child Tax Benefit, and what the government called (until 2016) the national child benefit supplement. If a family’s Canada Child Benefit for a given month is less than what sections 1 of the EAR and EAPDR define as the “BC child adjustment amount” (see table below) for each child aged two months to 18 years, (e.g. because a child is ineligible, or a check is delayed), then the Ministry may issue a top up to that amount, as per the chart below. See also EAR Schedule A, section 2(2).

Note that the amount of the maximum BC child adjustment amount is adjusted every year on July 1, beginning on July 1, 2018, by the percentage increase, if any, of the consumer price index for the 12 month period ending September 30 of the previous year. The amounts shown below are for 2020. See https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/general-supplements-and-programs-rate-table

Number of Children Maximum BC child adjustment amount)
One $206.17 per month
Two $388.59 per month
Each additional child beyond two An additional $173.50 per additional child, per month

D. Calculating the Shelter Allowance[edit]

Recipients of income assistance, PPMB assistance, and disability assistance are eligible for a monthly shelter allowance equivalent to their actual shelter costs, up to the maximum set out in the Regulations for their household size:

Family Unit Size Monthly Shelter Rate (Max.)
1 person $375
2 person $570
3 person $660
4 person $700
5 person $750
6 person $785
7 person $820
8 person $855


Recipients are eligible for the full monthly shelter amount only if they are paying at least that much in shelter costs. Schedule A, s 5 of the EAR and EAPWDR set out what expenses and items can be included when calculating shelter costs. They are: rent, mortgage payments, house insurance premiums, property taxes for the recipient’s own home, utility costs, and the actual cost of maintenance and repairs for the recipient’s own home if these costs have been approved. Note that the definition of “utility costs” in Schedule A, s 5(1) of the EAR and EAPWDR is quite broad.

Where two or more family units share the same place of residence, the Ministry calculates family units’ shelter costs according to s 5(4) of Schedule A of the EAR and EAPWDR.

E. Rates for People Receiving Room and Board[edit]

Schedule A, s 6 of the EAR and EAPWDR set out the method for calculating the income assistance and disability assistance rates for a family unit receiving room and board.

Until July 1, 2019, recipients who received room and board from a parent or adult child, were only entitled to a support allowance for a family unit of their size. As of July 1, 2019, they are entitled to payments up to the maximum support and shelter allowances for a family unit of their size, calculated in the same manner as anyone else in a room and board situation.

People with the PWD designation who receive room and board are also eligible for the Persons with Disabilities Transportation Supplement described in section B above.

F. Rates for People Living in Emergency Shelters and Transition Houses[edit]

Schedule A, s 9 of EAR and EAPWDR provide for the level of assistance for a family unit that is receiving accommodation and care in an emergency shelter or transition house.

G. Rates for People in a Special Care Facility[edit]

Section 1 of each regulation defines “Special care facility” as “a facility that is a licensed community care facility under the Community Care and Assisted Living Act or a specialized adult residential care setting approved by the minister under subsection (3).” Schedule A, s 8 of EAR and the EAPWDR sets out what the Ministry will cover for shelter and support for a person residing at such a facility.

H. Children in the Home of a Relative (CIHR) - repealed[edit]

Until 31 March 2010 the EAA provided that if a child was supported in the home of a relative other than the child’s parent and no parent of the child was able to pay the total cost of the child’s care, the Ministry would pay income assistance according to the child’s age:

Age Group Monthly Rate
Birth – 5 years $257.46
6 – 9 years $271.59
10 – 11 years $314.31
12 – 13 years $357.82
14 – 17 years $402.70
18 years $454.32
(less any financial contribution by parents)

The BC government repealed the CIHR provisions on 1 April 2010 (BC Reg 48/2010). However, these provisions still apply to families that include children who were approved under the old provision prior to 31 March 2010, or who filed their applications prior to 31 March 2010 and were subsequently approved under the old provision (see the Child in the Home of a Relative Transition Regulation). The following repealed sections contained key provisions dealing with Children in the Home of a Relative: EAR s 6; s 11(1)(b)(iv); s 27; s 29; s 33; s 34; s 34.1; 49; 50; 60; 61; 67; 67.1; 68; 71; 73; 74.01; 75; and Schedule A, s 11.

I. Method of Payment of Assistance[edit]

The Ministry’s standard method of payment is by direct deposit by Electronic Funds Transfer (EFT) into the recipient’s bank account. Applicants can generally get an exemption where EFT payment is not appropriate for them. Such recipients typically receive their benefit cheque by picking it up from the Ministry office, or by mail. The Ministry also commonly pays recipients’ shelter allowances directly to their landlords. This is optional.

J. Lost or Stolen Cheques[edit]

Section 92 of the EAR and s 77 of the EAPWDR authorize the issuance of a replacement of an unendorsed assistance cheque if:

  • (a) in the case of theft, the victim reported the matter to police; and
  • (b) in the case of loss or theft, the recipient
    • (i) makes a declaration of the facts; and
    • (ii) undertakes to promptly deliver the lost or stolen cheque to the Ministry if it is recovered.


© Copyright 2021, The Greater Vancouver Law Students' Legal Advice Society.