Welfare Eligibility (21:III)

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

This section deals with eligibility for income assistance, PPMB assistance, and disability assistance, but not for hardship. Please see Section VI: Hardship for information on eligibility for hardship assistance.

To be eligible for income assistance, PPMB assistance, or disability assistance, applicants must show that they meet the following:

• Asset limits;
• Income limits;
• Immigration status requirements; and
• Age requirements.

To be eligible, applicants must also:

• Pursue other forms of support;
• Complete a three-week work search (with some exceptions as discussed below); and
• Comply with employment-related obligations and an employment plan (with some exceptions, discussed below).

Those wishing to receive disability assistance or PPMB assistance must first show they qualify for PPMB or PWD status under the relevant sections of the legislation (s 2 of the EAR for PPMB status) (s 2 of the EAPWDA for Persons with Disability (PWD) status).

The above eligibility criteria are described in greater detail below. Certain applicants who do not meet the eligibility criteria for income assistance, PPMB assistance, or disability assistance may still be eligible for hardship assistance. See Part 4 of the EAR and Part 4 of EAPWDR for details.

A. Application Process

Applicants for income assistance, PPMB assistance, and disability assistance must comply with the application process set out in s 4 of the EAR and s 4 of the EAPWDR, and are subject to the numerous eligibility requirements set out below.

Applications may be filed online, by telephone, or in person. For more detail, see the Legal Aid BC publication How to Apply for Welfare (https://www.legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare).

Applicants who have an urgent need for food, shelter or urgent medical attention should ask the Ministry for an Immediate Needs Assessment when they first apply for welfare. This is discussed in greater detail in Section III.J: Immediate Needs Assessment. Doing so can expedite your application. Without an immediate needs assessment, it may take over four weeks to receive any financial help from the Ministry. See the Ministry policy on Immediate Needs Assessments at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs?keyword=immediate&keyword=needs&keyword=assessment

Applicants who are fleeing an abusive relationship with a spouse or other relative should inform the Ministry of this when they apply for welfare. They will be exempt from the work search requirement and should have their application expedited on a critical basis. See the relevant Ministry policy at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/case-administration/persons-fleeing-abuse?keyword=fleeing&keyword=abuse

1. Online Application
   Online applications can be filled out at myselfserv.gov.bc.ca. Applicants must create a My Self Serve account, which requires an email address, Social Insurance Number (SIN), and information about the applicant’s spouse (including common law partners), if they live together.
   
2. Phone Application
   To make a phone application, applicants may call toll-free at 1-866-866-0800. After the initial call, a ministry worker will call back within three business days to fill out the application form with the applicant. Five business days after the phone application, the applicant must go to the ministry office or Service BC Center to sign the application form. If it is difficult to get to either place, the ministry can fax the documents to another “trusted third party,” such as another government worker, or a doctor, nurse, or a registered social worker, and the applicant can sign the documents with that person.
   
3. In Person Application
   An applicant can go to their local ministry office to start the application process in person. You can find the locations for these offices at: https://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/access-services#office

If the applicant has access to a phone, a ministry worker will call within three business days to fill out the application form with the applicant. Five business days after the phone application, the applicant will need to go to the ministry office or Service BC Center in person to sign the form. If it is difficult to get to either place, the ministry can fax the documents to another “trusted third party,” such as another government worker, or a doctor, nurse, or a registered social worker, and the applicant can sign the documents with that person.

If the applicant does not have access to a phone the applicant may make an appointment to meet with a ministry worker in person. At the appointment the ministry worker will fill out the application form with the applicant.

B. Obligation to Provide Information to the Ministry

Section 10 of the EAA and Section 10 of the EAPWDA empower Ministry staff to require welfare applicants and recipients to demonstrate eligibility by providing relevant information. Ministry employees also have the power to independently verify that information.

At the same time, welfare recipients must respond to enquiries by the Ministry, submit reports to the Ministry as requested, and alert the Ministry to any changes in their circumstances that may affect their eligibility (s 11 of EAA and s 11 of EAPWDA). Section 33(1) of the EAR provides that by the fifth day of each calendar month a recipient of income assistance or PPMB assistance must submit a report (in a prescribed form) giving relevant information about eligibility. Meanwhile, s 29 of the EAPWDR requires that those on disability assistance submit the form only when there is a change in their circumstances that may affect their eligibility for benefits (e.g. change in their assets, income, or family situation).

If an applicant fails to comply with the Ministry’s requirements to provide accurate information on factors affecting eligibility, this may result in the suspension or reduction of benefits.

Note that a “trusted third party” must witness many of the Ministry forms. This can be a welfare worker (EAW) or other Ministry staff. If an applicant cannot get to a Ministry office in person, the Ministry may accept a signature from another government worker or a prescribed professional (doctor, nurse, nurse practitioner, social worker, psychologist, chiropractor, or physical/occupational therapist).

C. Asset Limits

In order to be eligible for income assistance, PPMB assistance, or disability assistance, applicants must exhaust their assets below certain asset limits. As noted above, welfare is a “payer of last resort”. The EAR (ss 11-13) and the EAPWDR (ss 10-12) set out limits on which assets a person can possess and remain eligible for income assistance, PPMB assistance, or disability assistance.

Asset limits vary depending on the size of the family unit receiving welfare and the type of welfare the family unit is applying for or receiving.

Read the EAR (ss 1 and 11-13) and the EAPWDR (ss 1 and 10-12) carefully to identify the asset criteria. Note the definitions of “asset”, which are set out in s 1 of the EAR and EAPWDR.

The following table summarizes the asset limits for different family sizes applying for or receiving other forms of welfare. A more detailed table is available at: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables/asset-limits-table

Applicant (or recipient) Household	Assistance Type	Maximum Allowable Assets
Single Person	Income Assistance	$5,000
Single Person	PPMB	$5,000
Couple, or one or two parent families	Income Assistance	$10,000
Couple, or one or two parent families	PPMB	$10,000
Family unit with one person applying for the PWD designation, or receiving disability assistance	Disability	$100,000
Family unit with two adults applying for the PWD designation, or receiving disability assistance	Disability	$200,000

1. Exempt Assets

Sections 11(1) of EAR and s 10(1) of EAPWDR should be reviewed in detail to see if any of a person’s assets are exempt, i.e., do not count toward their asset limit. The BCEA Policy & Procedure Manual section on Asset Treatment & Exemptions is a useful resource.

Some key exempt assets are:

• One-time payment for loss of GIS benefits
• Clothing and necessary household equipment
• One vehicle per household and only if used for day-to-day transportation needs
• A family unit's place of residence
• A child tax benefit or GST credit under the Income Tax Act (Canada)
• A BC early childhood tax benefit
• A Canada rental housing benefit
• A Canada dental benefit
• A sales tax credit under the Income Tax Act (British Columbia)
• A registered disability savings plan or “RDSP” (see http://www.rdsp.com/ for more information)
• An uncashed life insurance policy with a cash surrender value of $1 500 or less
• Business tools
• Indigenous financial settlements, as defined in section 1(1) of the EAR and EAPDR
• Tenant compensation

Disability Trusts are Exempt Assets

Under s 13 of the EAR and s 12 of the EAPWDR, assets of up to $200 000 can be held in a non-discretionary trust for a person with PWD status (or an applicant for PWD status, or for another individual with disabilities in certain circumstances) without disqualifying the person from income assistance or disability assistance. In certain circumstances, the Ministry can authorize a non-discretionary trust to hold more than $200 000. There is no limit on the amount held in a discretionary trust.

Money received from the federal Memorial Program for First Responders is exempt as both income and as an asset

This exemption relates to family members of police officers, fire fighters and paramedics (including volunteers and auxiliaries) who died in the line of duty on April 1 2018 or after. Certain next-of-kin of first responders who die as a result of their duties are eligible to receive a one-time lump-sum direct payment of $300,000 from the federal Memorial Grant Program.

All such payments are exempt as both income and assets for all forms of welfare benefits.

Source: EAR, s 11(1)(eee); Schedule B, s 1(a)(lvi); and Schedule D, s 6(ddd). See also EAPWDR, section 10(1)(eee); Schedule B, section 1(a)(lx); and Schedule D, section 6(hhh)

Indigenous Financial Settlements are exempt as both income and as assets

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.

Indigenous Financial Settlements are defined as payments resulting from an order of a court, an award or order of a tribunal or arbitrator or a settlement agreement that meet the following conditions:

1. The payments relate to one or more of the following:

• Indigenous identity;
• Indigenous rights and/or land claims; or
• Obligations or breach of obligations to Indigenous Peoples;

and

2. The terms of the order, award or settlement agreement require the federal/provincial/territorial government or crown corporation to make the payment to an Indigenous governing body (an entity that is authorized to act on behalf of Indigenous Peoples) or to an individual who is a member of a class of persons on whose behalf the order, award or agreement is made.

Examples of these payments include but are not limited to:

• Indian Day School Settlements;
• Indian Residential School Settlements;
• Sixties Scoop Settlement Agreement;
• Treaty No.8 Agricultural Benefits Settlement; and
• Williams Treaties Settlement Agreement.

Interest accrued on settlements held by an Indigenous governing body prior to distribution is also exempt.

Source: EAR, s 11(1)(ooo) and s 11(5); Schedule B, s 1(a)(lxv) and s 1(b.1); and Schedule D, s 6(mmm) and 6.1. See also EAPWDR, s 10(1)(nnn) and s 10(4); Schedule B, s 1(a)(lxviv) and s 1(b.1); and Schedule D, s 6(qqq) and s 6.1.

LGBT Purge Class Action Final Settlement Agreement is exempt as both income and as an asset

This exemption relates to money that is paid or payable to a person through the LGBT Purge Class Action Final Settlement Agreement made June 22, 2018.

All such payments are exempt as both income and assets for all forms of welfare benefits.

Source: EAR s 11(1)(oo.1); Schedule B,, s.1(a)(xxxvii.1); and Schedule D, s 6(k.1). See also EAPWDR, s. 10(1)(oo.1); Schedule B, s 1(a)(xii.1); and Schedule D, s 6(k.1)

Certain pandemic benefits exempted as assets for some recipients For people who were recipients of income assistance or disability assistance, or who had the PWD designation, on April 2, 2020, the following forms of pandemic benefits are exempt as assets (and also exempt as income):

• Canada Emergency Response Benefits;
• Canada Recovery Benefits;
• Canada Worker Lockdown Benefits;
• Indigenous Emergency Assistance;
• Federal one-time payment for seniors;
• Federal one-time payment for persons who have disabilities; and
• BC Recovery Benefits

See sections 2.1 to 2.7 of the Employment and Assistance Regulation, and ss 2.01 to 2.07 of the Employment and Assistance for Person with Disabilities Regulation.

D. Income Limits

In order to be eligible for income assistance, PPMB assistance, or disability assistance, applicants must exhaust all other sources of income to support themselves and their dependants, except for income specifically exempted by legislation or policy.

The net income limits for welfare recipients are set out in s 10 of the EAR and s 9 of the EAPWDR. Schedule B in both regulations sets out the way a person’s net income is calculated for the purpose of welfare eligibility.

1. Types of Income Relevant to Income Limits

The Ministry distinguishes between earned and unearned income for the purpose of the net income calculation.

a) Earned Income.

EAR, s 1 and EAPWDR, s 1 define “earned income” as:

• Any money or value received in exchange for work or the provision of a service
• Pension plan contributions refunded because of insufficient contribution to create a pension
• Money or value received from providing room and board at a person’s place of residence
• Money or value received from renting rooms that are common to and part of a person’s place of residence

b) Unearned Income.

EAR, s 1 and EAPWDR, s 1 define “unearned income” as any income that is not earned income. They give a non-exhaustive list of examples including:

• Any type of CPP benefits
• WCB benefits and other disability payments and pensions
• Inheritances
• Rental income from land or property
• Education or training allowances, grants, loans, bursaries, and scholarships
• Winnings from lotteries and other forms of gambling
• Criminal injury compensation or crime victim compensation
• “Any other financial awards or compensation”
• Funds received from a sponsor under a sponsorship agreement pursuant to the Immigration and Refugee Protection Act.

2. Deductions and Exemptions from Income

The Ministry deducts earned and unearned income dollar-for-dollar from a recipient’s monthly cheque, subject to a list of deductions and exemptions set out in ss 1-9 of Schedule B of EAR and in ss 1-9 of Schedule B of EAPWDR. Clinicians should carefully review these sections to determine if the applicant’s income is exempt from or subject to deductions.

Money withdrawn from a disability trust for certain purposes is also exempt as income. See s 13 of the EAR, and s 12 of the EAPWDR. Also see s 7(1)(d) of Schedule B to the EAR and the EAPWDR.

Money from structured settlement annuity payments that is used for certain purposes is also exempt as income. See Schedule B, s 7 of the EAR and EAPWDR for details. The following are some examples of income exempted by Schedule B of the EAR and EAPWDR. This list is far from exhaustive.

NOTE: An applicant or recipient of welfare benefits must report their receipt of all income to the Ministry, even if it is exempt.

• Income tax refunds;
• Universal child care benefits;
• Canada child benefits;
• Withdrawals from a Registered Disability Savings Plan;
• Child support payments CPP orphan’s benefits and CPP disabled contributor's child's benefit
• Gifts (including recurring gifts) and inheritances are exempt as income for recipients of disability assistance only. For people receiving income assistance and PPMB benefits, inheritances and recurring gifts are NOT exempt as income and a one-time gift is exempt only if it does not make the recipient exceed their asset exemption level
• A refund from Fair Pharmacare;
• EI maternity and parental benefits, and EI benefits for caring for a critically ill child
• Amount paid or payable to a person who is or was a tenant, lessee, licensee or occupant, or a person who has or had a similar right or permission to use the premises for residential purposes

For a complete list of income exemptions refer to ss 1-9 of Schedule B of the EAR and ss 1-9 of Schedule B of EAPWDR

3. Earnings Exemptions

Recipients of income assistance, PPMB assistance, and disability assistance all have an earnings exemption.

The Ministry calculates exemptions for income assistance and PPMB assistance monthly. As of January 1, 2015, the Ministry calculates exemptions for recipients of disability assistance yearly (i.e., annual earnings exemption).

The exemptions apply to all “earned income,” including wages from employment, money received from providing room and board at a person’s place of residence, or money received from renting rooms that are common to the person’s place of residence.

For recipients of disability assistance, “earned income” also includes WCB Temporary Wage Loss Replacement Payments issued under ss 191 and 192 of the Workers Compensation Act.

For recipients of income assistance and PPMB assistance, there is a one month waiting period to claim any earnings exemption. This means that a family unit cannot claim an earnings exemption for the first month in which they become eligible for income assistance or PPMB assistance but can claim an earnings exemption for any subsequent months.

For recipients of disability assistance, there is a one-month waiting period to claim an earnings exemption unless:

• A member of the family unit has received disability benefits at any point in the past OR
• A member of the family unit received income assistance or PPMB assistance in the month before the family unit became eligible for disability assistance.

There will increases in the earnings exemptions for income assistance, PPMB assistance and disability assistance effective January 1, 2024, pursuant to Order in Council 402/2023. Current earnings exemptions, and earnings exemptions as of January 1, 2024, are as follows:

• Family units, without children, receiving income assistance: $500/month, increasing to $600/ month on January 1, 2024;
• Family units receiving income assistance who have a dependant child or are caring for a supported child: $750/month, increasing to $900/month on January 1, 2024.
  • Exception: a single parent of a dependent child or supported child who has a disability that prevents the parent from working more than 30 hours per week has an earnings exemption of $900/month while receiving income assistance (this will increase to $1080/month on January 1, 2024).
• Family unit receiving PPMB assistance: $900/month, increasing to $1080/month on January 1, 2024.
• Family unit receiving disability assistance:
  • $15,000 per calendar year for a single adult (or single parent) with the PWD designation; this will increase to $16, 200 per year on January 1, 2024.
  • $18,000 per calendar year for a family unit with two adults where one adult has the PWD designation, and the other adult does not. This will increase to $19, 400 per year on January 1, 2024.
  • $30,000 per calendar year for couples (and couples with children) where both adults have the PWD designation. This will increase to $32, 400 on January 1, 2024.

If a child is under 19 and in school full-time, a family unit can keep the entirety of that child’s income without it affecting their benefits (although the child’s income must still be reported to the Ministry). If a child is under 19 and not in school full time, then any income the child earns counts toward the family unit’s earnings exemption. For more information on earnings exemptions, see EAPWDR schedule B, s 3, and EAR, schedule B, s 3. Applicants must report all income to the Ministry, including earned income even if it is below a person’s earnings exemption.

E. Immigration Status Requirements

Under s 7 of the EAR and s 6 of the EAPWDR, at least one person in a family unit that is applying for or receiving income assistance, PPMB assistance, or disability assistance must be a:

• Canadian citizen;
• Permanent Resident;
• Convention refugee;
• Person on a Temporary Resident Permit;
• Refugee claimant;
• Person in Canada under a temporary resident visa that was issued through an emergency authorization process for humanitarian reasons related to armed conflict (this category was introduced on July 1, 2023 when Canada was welcoming many people fleeing armed conflict in the Ukraine); or
• Person under a removal order that cannot be executed.

The only exception to these immigration status requirements is that some single parents without immigration status who have left an abusive relationship may be eligible for temporary assistance (see below).

Where an applicant for, or recipient of, income assistance, PPMB assistance, or disability assistance meets the immigration status requirements, but an adult dependant of the applicant does not, assistance and supplements may be issued for the other members of the person’s family unit, but not for the adult dependant who does not meet the citizenship requirements. However, the Ministry will include the assets and income of the person not meeting the citizenship requirements when determining the household’s income and assets.

1. Abused Single Parents without Status

A single parent who does not meet the requirements for citizenship, permanent residency, refugee status, or temporary residence might be eligible for welfare on a temporary basis if they have:

• a dependent child who is a Canadian citizen; AND
• left an abusive spouse; AND
• applied for status as a permanent resident; AND
• cannot leave BC because of ONE of the following:
  • another person who lives in BC has parenting (also called custody and access) or contact (visitation) rights with at least one of the person’s dependent children through a court order, agreement, or other arrangement, AND leaving BC with their children would go against the court order; OR
  • another person who lives in BC is claiming parenting or contact rights regarding the child or children; OR
  • The parent or child is receiving treatment for a medical condition and leaving BC would be dangerous to that person’s physical health.

For more information, see s 7.1 of the EAR, and s 6.1 of the EAPWDR.

NOTE: The Ministry should also excuse the parent from the work search requirement.

F. Age Requirements

Generally, a person must be 19 years of age in order to apply independently for welfare, but there are some circumstances where those under 19 may apply for welfare. See s 5 of EAR and s 5 of EAPWDR. Minors under 19 who do not live with their parents or guardians have the right to apply for income assistance from the Ministry. To qualify, the Ministry must be convinced that their parents will not support them.

1. Income Assistance for Children and Youth

Minors under 19 who do not live with their parents or guardians have the right to apply for income assistance from the Ministry. Before granting assistance to such a minor, the Ministry must make reasonable efforts to have the minor’s parents or guardians assume financial responsibility for the minor’s support. If the parents or guardians are unwilling to support the minor, the Ministry may grant the minor income assistance.

The Ministry will refer minors under 17 who apply for income assistance to a social worker with the Ministry of Child and Family Development before providing assistance. The Ministry will refer minors between 17 and 19 to a social worker only if it considers there to be child protection issues.

Note that as of 1 April 2010, the Ministry will no longer pay Child in the Home of a Relative benefits to new applicants.

2. Disability Assistance for Youth 18 and Over

Disabled youths may be eligible for the PWD designation and disability assistance at the age of 18, even if they live with their parents. To qualify, a youth must have a severe mental or physical impairment that, in the opinion of a medical practitioner, is likely to continue for at least two years. Additionally, this impairment must directly and significantly restrict the person’s ability to perform daily living activities either continuously or periodically for extended periods, in the opinion of a health professional. Finally, as a result of those restrictions, the person must require help to perform those activities (see s 2(2) of the EAPWDA). An application for the PWD designation can start 6 months before the youth’s 18th birthday.

3. Welfare for Teenaged Parents Living at Home

If a child is under 19, has a dependent child, and lives with their own parent who is also on income assistance, PPMB assistance, or disability assistance, the Ministry may consider the two sets of parents as separate family units. This means that both the parent and grandparent may receive a shelter allowance of their own in addition to a support allowance. The Ministry’s decision will depend on the child’s age. For more information, see s 5 of the EAR.

4. MCFD Youth Agreements for 16- to 18-year-old Youths

Youths aged 16 to 18 years who have left home and do not have a parent or other persons willing to take responsibility for them, or who cannot return home for reasons of safety, may be eligible for a Youth Agreement with the Ministry of Child and Family Development (“MCFD”). A Youth Agreement assists at-risk youth to live independently, return to school, and gain work experience or life skills. For more information on whether a person qualifies, contact the nearest MCFD office. Also see https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children

5. MCFD Extended Family Program

If a young person under 19 lives with extended family members or close friends, the caregiver may be eligible for benefits to care for the young person under MCFD’s Extended Family Program. The child’s parent(s) must live elsewhere, must request these benefits from MCFD, and must agree with the placement. Extended Family Program benefits are usually temporary. A caregiver who is also the child’s legal guardian is not eligible for Extended Family Program benefits. For more information, see: https://www2.gov.bc.ca/gov/content/family-social-supports/fostering/out-of-care-kinship-care-options-for-children-and-youth-in-bc/temporary-out-of-care-arrangements#:~:text=Extended%20Family%20Program%20(EFP),unable%20to%20care%20for%20them.

6. MCFD Benefits for Those Ages 19-26

There are some supports in place until age 26 for those that were in foster case. Youth that were in care that are now over the age of 19 and up to 26 years old, may be eligible for further benefits from MCFD. Please see Section IV. B: Adults Aged 19-26 Who Were in Foster Care for further information.

G. Obligation to Pursue Other Support and Not Dispose of Property

Applicants are eligible for all forms of welfare only after they take full advantage of most sources of income, asset, or other means of support that are or might become available to them or to their dependants.

Applicants may become ineligible for assistance if they “dispose of property” for consideration that the Ministry thinks is inadequate. This means that a person cannot, for example, give away a valuable asset in order to become eligible for welfare. For details, see EAA, ss 13-14; EAR, ss 29 and 31; EAPWDA, ss12-13; and EAPWDR, ss 25 and 27.

If an applicant or their dependants fail to take advantage of other resources that they might use to support themselves, or if they dispose of assets for inadequate consideration, the Ministry may reduce the amount of assistance granted to the family unit or declare the family unit ineligible for a period set by the regulations (see EAR, ss 29 and 31; EAPWDR, ss 25 and 27). The Ministry may consider some ineligible persons for hardship benefits if they agree to repay the amount they receive.

1. No Obligation to Assign Child or Spousal Support Rights

Until May 1, 2015, the Ministry required applicants for and recipients of welfare to assign to the Ministry any rights they had to pursue or respond to legal proceedings involving maintenance for their dependent children (i.e. child support) and for themselves (i.e. spousal support). That requirement no longer stands. Currently, a person applying for or receiving welfare has the choice whether to assign their right to pursue child or spousal support to the Ministry. See section 20 of the EAR and section 17 of the EAPWDR.

a) Child Support Not Considered Income

As of September 1, 2015, the Ministry no longer considers child support payments received to be unearned income, and will not deduct child support from welfare cheques.

If a client wants the Ministry to provide them with legal help in pursuing an order or agreement for child support (or possibly varying an old Court order or agreement), the client can contact the Ministry and ask to voluntarily assign their child support rights to the Ministry. The guidelines the ministry will apply in deciding whether to accept a voluntary assignment of child support rights are at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services.

If a client already has a child support order or agreement enrolled for enforcement with the Family Maintenance Enforcement Program (FMEP) as of May 1, 2015, the client can now choose to either:

a) continue to have the order enforced, or;

b) withdraw the order from FMEP.

If a client decides to withdraw an order or agreement from registration with FMEP, the client can still try to enforce the order themselves through the court (i.e. collect on child support payments or arrears) procedures set out in the Family Maintenance Enforcement Act, RSBC 1996, c 127.

b) Spousal Support Still Considered Income

While the Ministry no longer requires an applicant for or recipient of to assign their right to pursue spousal support to the Ministry, any spousal support received is still considered unearned income and will be deducted dollar-for-dollar from all welfare benefits. If the Ministry considers that a person has a right to spousal support, but the person does not pursue it (either independently or by assigning their spousal support right to the Ministry), the Ministry may reduce the amount of assistance granted to the person’s family unit or declare the family unit ineligible for a period set by the regulations (see EAR, ss 29 and 31; EAPWDR, ss 25 and 27).

If an applicant for or recipient of welfare is interested in assigning their spousal support rights to the Ministry so they can get legal help obtaining a court order or agreement for spousal support, the client can contact the Ministry and ask to voluntarily assign their right to spousal support. Where that person’s ex-partner is abusive toward them, it is important for the person to disclose this to the Ministry. Ministry policy provides discretion not to pursue spousal support under an assignment where doing so could put the applicant or recipient at risk. For more information, see the Ministry’s risk assessment policy at: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services

H. Two Years’ Past Financial Independence Requirement

As of January 1, 2020, regulation change OIC # 705 (B.C. Reg. 270/2019) removed the two-year financial independence eligibility requirement.

Applicants are no longer required to demonstrate that they have been financially independent for at least two consecutive years prior to applying for assistance.

I. Three-Week Work Search

All new applicants, including persons with disabilities, must go through the two-stage application process set out in ss 4, 4.1 and 4.2 of the EAR and ss 4, 4.1 and 4.2 of the EAPWDR. (See the Legal Aid’s “How to Apply for Welfare” information booklet for more information: https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare).

All applicants for welfare must (unless they are exempt as set out below) wait three weeks to apply for benefits after completing stage 1 of the welfare application. During this three-week period they must complete a job search.

An applicant required to do a job search must keep clear records to prove to the Ministry what they have done to look for work. The Ministry assesses the reasonableness of a job search on a case-by-case basis. Generally, a reasonable work search usually includes things like writing up a resume; looking for jobs on the internet, by phone, and through personal contacts; submitting applications or resumés; going to job search workshops; going to employment agencies; asking for "job shadowing opportunities"; and going to job interviews.

Certain groups are exempt from work search requirement. See ss 4.1(4),(5), and (6) and s 4.2(5) of each Regulation (EAR and EAPWDR). An applicant does not have to do a work search if they:

• Face prohibition from working in Canada;
• Are age 65 or over;
• Have a physical or mental condition that precludes the person from completing a search for employment as directed by the minister;
• Are fleeing an abusive spouse or relative; OR
• Are the single parent of a child under three (this includes foster children and some children placed in their care by MCFD).

J. Immediate Needs Assessment

If someone who is applying for welfare has an immediate need for food, shelter, or urgent medical attention, their application can be expedited. A person in this situation should request an “immediate needs assessment” from the Ministry. If they are not exempt from the 3 week work search, they may qualify for (non-repayable) hardship assistance from the Ministry while they do their work search. If they are exempt from the work search. , they are to proceed directly to their stage 2 eligibility interview. The Ministry’s service standard is that a person requesting immediate needs assessment should have their situation assessed by the Ministry through a stage 2 eligibility interview, within one business day. If the Ministry is not able to do that, the service standard provides the Ministry should meet the person’s immediate need (e.g. by vouchers for food, bus tickets, shelter referral etc.) until the eligibility interview is conducted. See the Ministry’s policy on immediate needs assessments at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/immediate-needs

K. Ongoing Employment Obligations: Employment-related Obligations and Employment Plans

If the Ministry considers a recipient of welfare benefits to be employable, the person will have “employment-related obligations” under s 13 of the EAA and s 29 of the EAR. This means that they must actively look for work and accept any job offer that the Ministry considers “suitable” (appropriate). They must also not refuse suitable employment. For more information, see “Failure to meet employment-related obligations” under section III below.

The Ministry exempts certain persons from having employment-related obligations; see EAR s 29(4) for details. For example, people with PPMB status or the PWD designation, single parents of children under 3, and people 65 and over do not have employment-related obligations. Recipients of assistance who have employment-related obligations must also have an Employment Plan (EP) under s 9 of the EAA. The Ministry may require even recipients with certain barriers to employment, such as drug and alcohol problems or other medical conditions, to follow an EP. However, the Ministry must tailor the EP to the abilities and skills of the recipient. EPs for recipients under the age of 19 focus on completing high school.

An EP outlines the conditions (activities and expectations) that the Ministry thinks a person must complete to become employed or more employable and includes a timeframe. The EP may include independent work search, referral to job placement programs, specific training for employment, or other services. Recipients must complete an activity report monthly while they are looking for work, and every second month once they obtain work, until they become independent of income assistance.

The Ministry does not require people with the PPMB or PWD designation to have an employment plan. The Ministry may encourage them to sign a “voluntary participation plan”, however this is not mandatory. The Ministry may, however, require a voluntary participation plan to access certain training programs.

The Ministry has established various programs for employment, self-employment, and volunteering by people on income assistance, PPMB assistance, and disability assistance. These programs are optional if the person does not have employment related obligations.

L. Single Parent Employment Initiative

Effective September 1, 2015, the Ministry introduced a “single parent employment initiative.” Under this initiative, if a single parent on income assistance, PPMB or disability assistance is assessed as needing training in order to gain employment in certain fields, they may be eligible for the Ministry to pay tuition for their training, and to continue receiving income assistance, PPMB benefits or disability assistance for up to 12 months while participating in an approved training program. Single parents may be eligible for additional childcare and transportation supports while participating in the training program or paid work experience program. Single parents that are eligible for the childcare subsidy may also have access to additional child care supports during their training period and their first year of their employment.

For more details on this program, see https://www2.gov.bc.ca/gov/content/family-social-supports/income-assistance/on-assistance/employment-planning/spei

M. Persons With Disabilities (PWD) Designation

To obtain disability assistance, a person must first show that they qualify under s 2(2) of the EAPWDA definition of “person with disabilities” (“PWD”). This section defines a “person with disabilities” as a person over 18 with a severe mental or physical impairment that:

a) In the opinion of a medical practitioner or nurse practitioner is likely to continue for at least two years; and

b) In the opinion of a prescribed professional (a doctor, psychologist, physical or occupational therapist, social worker, nurse, nurse practitioner, or chiropractor):

1. Directly and significantly restricts the person’s ability to perform daily living activities either

A. continuously; or

B. periodically for extended periods; and

2. As a result of those restrictions, the person requires help to perform those activities.

People who wish to receive disability assistance must complete an extensive application form with the assistance of a doctor and another health professional and satisfy the Ministry that they meet the above definition.

"Requiring help" includes:

• Help from an assistive device (like a wheelchair);
• Significant help from another person; OR
• Help from an assistance animal (such as a guide dog).

NOTE: In Hudson v. Employment and Assistance Appeal Tribunal, 2009 BCSC 1461, the BC Supreme Court made several important findings about the eligibility criteria for persons with disabilities designation under the EAPWDA. For a helpful summary of the findings in Hudson, the Community Legal Assistance Society has published a summary online at: http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401252006/PWD_Eligibility_Summary_HUDSON.pdf?1401252006

1. Simplified PWD Application for Certain Applicants

As of September 1, 2016, certain applicants need only complete a simplified two-page form to qualify for designation as a Person with Disabilities for the purposes of s 2(2) of the EAPWDA. Under the EAPWDR s 2.1, an applicant must be one of the following to qualify for the simplified form:

1. A person considered disabled under s 42 (2) of the Canadian Pension Plan (Canada) (that is, the person is receiving CPP disability benefits);
2. A persons enrolled in Plan P (Palliative Care) under the Drug Plans Regulation, BC Reg. 73/2015;
3. A person who has at any time been determined to be eligible for payments from the Ministry of Children and Family Development’s At Home Program;
4. A person who has at any time been determined by Community Living British Columbia (CLBC) to be eligible to receive community living support under the Community Living Authority Act;
5. A person whose family has at any time been determined by Community Living British Columbia (CLBC) to be eligible to receive community living support under the Community Living Authority Act.

N. Persistent Multiple Barriers (PPMB) Designation

To obtain PPMB (Persons with Persistent Multiple Barriers to employment) assistance, a person must first qualify for the PPMB designation under s 2 of the EAR. The criteria for the PPMB designation changed significantly on July 1, 2019. Many people who could not qualify for the PPMB designation under the old definition, may be able to meet the new July 2019 criteria if they re-apply for the PPMB designation.

To qualify for the PPMB designation a person must:

• Be receiving income assistance or hardship assistance;
• Have a health condition that a health professional has confirmed
  • has continued for at least one year and is likely to continue for at least 2 more years, or
  • has occurred frequently in the past year and is likely to continue for at least 2 more years;
• Have the ministry agree that their health condition is a barrier that seriously impedes the person's ability to search for, accept or continue in employment, and
• Face a circumstance that the ministry agrees is a circumstance that seriously impedes the particular individual’s ability to search for, accept, or continue in employment. Such circumstances may include, but are not limited to:
  • being homeless or having been homeless in the past 12 months;
  • experiencing domestic violence now or in the past 6 months;
  • Needing English language skills training;
  • not having basic skills for employment;
  • having a criminal record;
  • having an education below grade 12;
  • having accessed emergency health, mental health or addiction services multiple times in the past 12 months;
  • having been found to be a Convention refugee or having been such a refugee in the past 24 months, or being in the process of having a claim for refugee protection, or application for protection, decided under Canadian immigration law; or
  • being a person who was a “child in care” under the Child, Family and Community Services Act, RSBC 1996, c-46 or received similar care under an enactment of another Canadian jurisdiction.

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