Difference between pages "Welfare Overpayments and Fraud (21:VII)" and "Welfare Rates and Payment Issues (21:VIII)"

Revision as of 23:44, 18 October 2020

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

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.

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. 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 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 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 couple under age 65 where one person has Persons with Disabilities status: $827.56 for support (including a $52/month transportation supplement allowance for the person with the PWD designation) and $570 for shelter, for a total of $1 397.56 per month.

NOTE: The BC government announced on July 20, 2017 that all income assistance, PPMB and disability assistance support rates would be increasing by $100 per month effective September 20, 2017. If there are two people with the PWD designation in a household, the increase is expected to be $200 per month.

As of September 1, 2016, a $52/month transportation subsidy will be given to all recipients of disability assistance who have PWD designation. With this change, the former “special transportation subsidy” that some recipients of disability assistance received, has been eliminated. The recipient of the new $52/month transportation subsidy then has the option each month to:

purchase a monthly bus pass for $52 through the Ministry. If the person wants to do this, they must contact the Ministry by the 5th of the month prior to the month they want the bus pass.)

OR

keep the $52 in a given month and spend it on their transportation or other needs.

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 was 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).

Number of Children	Maximum BC child adjustment amount)
One	$195.02 per month
Two	$367.56 per month
Each additional child beyond two	$164.18 per child, per month

B. 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:

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 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

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.

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.

The Ministry 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 the Ministry each month or receiving a $52 transportation allowance each month.

D. Rates for People Living in Emergency Shelters and Transition Houses

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.

E. Rates for “Transients”

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

“Special care facility” is defined in s 1 of each regulation as a specialized adult residential care setting approved by the Ministry or a licensed boarding home, alcohol or drug treatment centre, a personal care facility, or intermediate care facility.

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.

G. 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, 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 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.

H. Method of Payment of Assistance

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.

The Ministry also commonly pays recipients’ shelter allowances directly to their landlords. This is optional.

I. 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:

(a) in the case of theft, the matter has been reported 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.

@@ Line 2: / Line 2: @@
 {{LSLAP Manual TOC|expanded = welfare}}
-== A. What is a Welfare Overpayment? ==
+== A. Income Assistance, PPMB Assistance, and Disability Assistance Rates ==
-If a person receives any form of welfare benefit or supplement that he or she is not entitled to, those benefits are considered to be an overpayment. Overpayments can range from a few dollars to tens of thousands of dollars. '''Many overpayments arise not out of fraud by the  welfare recipient but rather out of an honest error on the part of either the recipient or the Ministry.'''
+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.
-When a person has received an overpayment from the Ministry for any form of benefit under the welfare legislation, the overpayment is a debt owed to  the Crown. According to EAA, ss 27-28 andEAPWDA, ss 18-19, the government may recover the debt by deducting funds from subsequent payments of income assistance or pursuing a court action.
+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. 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 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 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 couple under age 65 where one person has Persons with Disabilities status: $827.56 for support (including a $52/month transportation supplement allowance for the person with the PWD designation) and $570 for shelter, for a total of ''$1 397.56 per month.''
-:'''NOTE:''' If a client faces a civil lawsuit for a welfare overpayment resulting from failure to provide complete or accurate information,  refer him or her to a lawyer at the Community Legal Assistance Society.
+NOTE: The BC government announced on July 20, 2017 that all income assistance, PPMB and disability assistance support rates would be increasing by $100 per month effective September 20, 2017.  If there are two people with the PWD designation in a household, the increase is expected to be $200 per month.
-== B. Repayment Agreements and notifications of other Overpayments ==
+As of September 1, 2016, a $52/month transportation subsidy will be given to all recipients of disability assistance who have PWD designation. With this change, the former “special transportation subsidy” that some recipients of disability assistance received, has been eliminated. The recipient of the new $52/month transportation subsidy then has the option each month to:
-The Ministry often asks people suspected of having received a welfare overpayment to sign a repayment agreement acknowledging the alleged debt.  Before signing a repayment agreement, clients should ask to review the Ministry's evidence and its reasons for the determination that there is an overpayment and, if possible, get legal advice or help from an advocate. The Ministry can often make errors in its overpayment determinations. See the Ministry's policy on recoveries and overpayments at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/compliance-and-debt-management/recoveries
+*purchase a monthly bus pass for $52 through the Ministry. If the person wants to do this, they must contact the Ministry by the 5th of the month prior to the month they want the bus pass.)
-In many situations, it is advisable to '''not''' sign an acknowledgment. However, if the client does choose to sign an acknowledgment and repay the overpayment, repayment schedules can be negotiated for as low as $10 each month. The Ministry is not presently charging interest on repayments.
+OR
-== C. Appealing an Overpayment Decision ==
+*keep the $52 in a given month and spend it on their transportation or other needs.
-A welfare recipient can appeal a decision by the Ministry that he or she owes an overpayment. However, the Ministry’s decision about the '''amount''' of a person’s overpayment is '''not open to appeal''' (EAA, s 27(2) and EAPWDA, s 18(2)), although a person can apply for a reconsideration of the  amount of an overpayment (for more on reconsiderations, see [[Welfare_and_Health_Supplements_(21:IX) | section IX]] below).
+'''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 ''Newfoundland (Social Services Appeal Board) v Butler'', [1996] NJ No 91, the court held that the Ministry could not recover the monies paid out to Ms. Butler by mistake. Ms. Butler successfully used the defence of change of circumstance. The court held that because Ms. Butler had made expenditures that she would not otherwise have made without the overpayment, it would be unjust to force her to pay the Ministry back. Therefore, it may be that in similar situations, recipients of overpayments will not be obligated to repay social assistance for monies paid under a mistake of fact. Please note that in this case, Ms. Butler reported the income to the Ministry and the Ministry erred in not deducting it.
+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 was 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).
-== D. Welfare Fraud ==
+{| class="wikitable"
+|-
+| Number of Children || Maximum BC child adjustment amount)
+|-
+| One || $195.02 per month
+|-
+| Two || $367.56 per month
+|-
+| Each additional child beyond two || $164.18 per child, per month
+|}
-Some overpayments result not out of an honest error, but rather out of a recipient’s knowing failure to provide the Ministry with accurate information about his or her eligibility.
+== B. Calculating the Shelter Allowance ==
-Section 31 of the EAA and s 22 of the EAPWDA set out when a person is considered to have committed a statutory offence of welfare fraud.   Welfare recipients can also be charged with fraud under the Criminal Code.
+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:
-Where the Ministry receives information regarding potential fraud or non-disclosure, it will investigate and may take one or more of the following steps:
+{| class="wikitable"
-*refer to the Crown for charge approval under the ''Criminal Code'', the EAA or the EAPWDA;
+|-
-*take civil action to recover the overpayment;
+! Family Unit Size || Monthly Shelter Rate (Max.)
-*enter into a repayment agreement with the recipient;
+|-
-*deduct the overpayment(s) from future benefits;
+| 1 person || $375
-*or declare the person ineligible for assistance for three benefit months.
+|-
+| 2 person || $570
+|-
+| 3 person || $660
+|-
+| 4 person || $700
+|-
+| 5 person || $750
+|-
+| 6 person || $785
+|-
+| 7 person || $820
+|-
+| 8 person || $855
+|}
-:'''NOTE:''' If a client has been charged criminally with welfare fraud, refer him or her to the Legal Services Society to apply for a legal aid criminal lawyer.
+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 ==
+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.
+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.
+The Ministry 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 the Ministry each month or receiving a $52 transportation allowance each month.
+== D. Rates for People Living in Emergency Shelters and Transition Houses ==
+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.
+== E. Rates for “Transients” ==
+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 ==
+“Special care facility” is defined in s 1 of each regulation as a specialized adult residential care setting approved by the Ministry or a licensed boarding home, alcohol or drug treatment centre, a personal care facility, or intermediate care facility.
+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.
+== G. 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, the Ministry would pay income assistance according to the child’s age:
+{| class="wikitable"
+|-
+! 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 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.
+== H. Method of Payment of Assistance ==
+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.
+The Ministry also commonly pays recipients’ shelter allowances directly to their landlords. This is optional.
+== I. 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:
+*(a) in the case of theft, the matter has been reported 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.
 {{LSLAP Manual Navbox|type=chapters15-22}}