Governing Legislation and Resources for Welfare (21:II)

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

A. Governing Legislation

The following statutes and regulations govern welfare law in BC and are available at www.bclaws.ca:

Employment and Assistance Act, SBC 2002, c 40 [EAA];

Employment and Assistance Regulation, BC Reg 263/2002 [EAR];

Employment and Assistance for Persons with Disabilities Act, SBC 2002, c 41 [EAPWDA]; and

Employment and Assistance for Persons with Disabilities Regulation, BC Reg 265/2002 [EAPWDR].

See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010.

B. Tips for Navigating Welfare Law Issues

Please keep in mind the following important points when dealing with a welfare law issue.

• Be current. The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important to check the BC Laws website and confirm that one is dealing with the most current legislation.

• Be comprehensive. Be sure to read the relevant section of the appropriate act or regulation in its entirety and to scan the legislation for other relevant sections. The legislation is complex and often a number of provisions work together to govern a particular program or benefit.

• Be alert to mandatory versus discretionary wording. Welfare legislation contains a mix of mandatory provisions (requiring the government to do or provide something) and discretionary provisions (which permit, but do not require, the government to act in a particular way). Consider whether the legislative provisions relevant to the client’s case are mandatory or discretionary.

C. Referrals to Other Organizations

See Chapter 23: Referrals for additional referrals.

Community Legal Assistance Society (CLAS)

• May advise on general welfare matters and help clients with judicial reviews.

Online Website Address 300 - 1140 West Pender Street Vancouver, B.C., V6E 4G1 Phone (604) 685-3425 Fax: (604) 685-7611

Disability Alliance of BC

• Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from MSDPR needed to qualify for welfare disability assistance. Disability Alliance of BC also hosts a disability law clinic that may assist with general welfare issues and judicial reviews.
• Has also created a library of useful help sheets about disability assistance from the Ministry, and guides to applications and appeals ([1])

Online Website Address 1450 - 605 Robson Street Vancouver, B.C. V6B 5J3 Phone Advocacy Access Program: (604) 872-1278 Fax: (604) 875-9227 TTY: (604) 875-8835

First United Church

• Serves the Downtown Eastside, providing advocacy and assistance for welfare, housing, and other poverty law issues. Have shifted primarily to remote intake, with limited in-person intake for urgent issues (eviction or loss of income).

Online Website E-mail: advocacy@firstunited.ca Address 542 East Hastings Street Vancouver, B.C., V6A 1P8 Phone (604) 251-3323 Fax: (604) 251-2488

Kettle Friendship Society Advocacy Centre

• Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. Also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).

Online Website Address 1725 Venables Street Vancouver, B.C., V5L 2H3 Phone (604) 253-0669 Housing Division Telephone: (604) 251-5664 Fax: (604) 251-6354

Downtown Eastside Women's Centre

• Focuses on providing legal and non-legal support and advocacy for women with mental health issues.

Online Website Address Drop-in centre: 302 Columbia Street Vancouver, BC, V6A 4J1 Emergency shelter 412 Cordova Street Vancouver, B.C., V6A 4J1 Phone (604) 423-4807 Fax: (604) 681-8470

ATIRA Women's Resource Society

• Focuses on providing support for abused women and women on the downtown eastside. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.

Online Website E-mail: legaladvocate@atira.bc.ca Address 101 East Cordova Street Vancouver, B.C., V6A 1K7 Phone (604) 331-1407 ext 114

AIDS Vancouver

• Can provide case management services and possible short-term financial assistance to persons living with HIV/AIDS.

Online Website E-mail: contact@aidsvancouver.org Address 1101 Seymour Street Suite 401, 4th floor Vancouver, B.C., V6B 0R1 Phone (604) 893-2201

Povnet: Find an Advocate

• A service for finding other advocates and organization that can help with welfare issues in all parts of BC.

Online Website

D. Useful Publications and Outside Agencies

In addition to this LSLAP manual chapter, other useful publications include:

• BC Disability Benefits Help Sheets. Disability Alliance BC publishes 20 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions.
• How to Apply for welfare, Welfare Benefits and When You're on Welfare: plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
  • How to Apply for Welfare: https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare
  • Applying for Welfare Online: https://legalaid.bc.ca/publications/pub/your-welfare-rights-applying-welfare-online
  • Welfare Benefits: https://legalaid.bc.ca/publications/pub/your-welfare-rights-welfare-benefits
  • When You're on Welfare: https://lss.bc.ca/publications/pub/your-welfare-rights-when-youre-welfare

E. Notable Changes to BC Welfare Law

1. Benefit rate and supplement rate changes

Effective August 1, 2023, there is an increase of $125 per month in the maximum shelter rate for all family units who receive welfare benefits. This change was made by Order in Council 402/2023. For more information see Section VIII.D. Calculating the Shelter Allowance.

Also effective August 1, 2023, the monthly amount of several supplements increased, including:

• Crisis supplements for food rose from a maximum of $40 per month to $50 per month for each person in a family unit;
• The monthly rates for all special diet supplements rose (e.g. high protein diet, diabetic diet, gluten free diet etc)
• The natal supplement for people who are pregnant increased, and is now available until a newborn is one year old (up from 6 months)
• The school start up and winter supplement (formerly called the Christmas supplement) increased

The Ministry has a useful chart showing the new supplement rates payable as of August 1, 2023, and how they have changed: https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/policies-for-government/bc-employment-assistance-policy-procedure-manual/additional-resources/summary_of_changes_ppm.pdf

For more detail on diet and nutritional supplements see Section X: Health Supplements below. For more detail on eligibility criteria for crisis supplements, see Section IX. B: Crisis Supplements.

2. Forthcoming increase in earnings exemptions

Effective January 1, 2024, the earnings exemption for people receiving income assistance, PPMB and PWD benefits will increase. This change was made by Order in Council 402/2023. See Section III. D. 3: Earnings Exemptions on earnings exemptions below for more detail.

3. Expanded welfare eligibility for people fleeing armed conflict

Effective July 1st, 2023, immigration status requirements for welfare have been amended to allow persons in Canada under a temporary resident visa issued through an emergency authorization process for humanitarian reasons related to armed conflict to qualify for all forms of welfare. This category was created when Canada was receiving many people fleeing the war in Ukraine.

Prior to this change, people with this immigration status were only eligible for a limited duration of hardship assistance. As a result of their expanded eligibility for welfare, previous sections in the legislation dealing with hardship assistance for people fleeing armed conflict have been repealed. This change was made through Order in Council 343/2023. See Section III. E: Immigration Status Requirements for more information.

4. New legislation exempting Indigenous Financial Settlements

As of 2023 ‘Indigenous Financial Settlements’ are exempt as both income and assets when determining eligibility for welfare. Section 1(1) of the EAR and the EAPDR define “Indigenous financial settlement’ and associated terms very precisely. Before 2023, only specific settlements named in the legislation were exempt. Order in Council 218/2023 amends both the EAR and the EAPDR to exempt money paid under or from Indigenous financial settlements more generally. See Section III. C. 1: Exempt Assets for more details.

5. New Federal Benefit Exemptions

Effective December 19th, 2022, new sections were added to the EAR and EAPWDR which exempt the new federal Rental Housing Benefit and Dental Benefit as either income or assets for all forms of welfare. Receiving benefits under these new programs should not affect a person’s welfare eligibility or the amount of assistance they are entitled to receive. This change was made through Order in Council 681/2022.

6. Housing Stability Supplement formally added to the legislation

The Housing Stability Supplement formally codifies a supplement that was previously only available under BCEA policy. It was introduced through Order in Council 56/2023. The Housing Stability Supplement may be provided to an eligible family unit in certain scenarios if there is a temporary absence of member of the family unit from the usual place of residence or there is a death of a member of the family unit. See Section X. A: Housing Stability Supplement for more information.

7. Changes to Disability and Income Assistance Shelter Payments

Before May 2022, one could only receive shelter payments if they could show that they were paying for rent, a mortgage, or various other related expenses. This meant there was a minimum of $0 for a single person. Now, no matter what your shelter costs are, a single person is guaranteed a minimum $75 shelter allowance each month. Larger family units (e.g., couples, or single parents and couples with kids) have a higher minimum shelter rate. This change means that people who are unhoused or living in vehicles, for example, will have some access to shelter benefits. For maximum shelter rates see Section I. C. 1: Benefit rate and supplement rate changes and Section VIII. D. Calculating the Shelter Allowance.

8. Security, Pet, and Utility Deposits

Previously, a person on welfare usually could not have more than two repayable security deposits outstanding with the ministry, and the ministry was not able to pay pet damage deposits that a landlord can require under the Residential Tenancy Act. The government has since removed the limit on the number of housing security deposits people on assistance can access and has introduced a repayable supplement for pet damage deposits.

The monthly repayment rate for deposit debt, including for repayable security deposits, pet damage deposits and utility deposits is $20 unless a greater amount is consented to.

For more information on repayable pet deposit supplements, visit the Ministry policy at: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/pet-damage-deposits.

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