Difference between revisions of "Factors That May Affect Welfare Eligibility (21:V)"

{{REVIEWED LSLAP | date= June 30, 2021}}

'''NOTE:''' Previously, the legislated time requirement for two unmarried people living together in a marriage-like relationship was only 3 months. Currently, the Ministry cannot deem two people who live together, but are not married, “spouses” until they have lived together for one year.   

'''NOTE:''' The Ministry does not consider other relatives, such as parents or adult children as dependants, even if they live with and rely upon the applicant.

*whether the parties have separate bedrooms;  

*whether they have separate bank accounts, divide bills, etc.;  

*whether have they acknowledged a common law or sexual relationship as existing between them, either socially or for any other purpose;  

*whether they share household responsibilities on a consistent basis, i.e. childcare, meal preparation, laundry, shopping, house cleaning, etc.; and

*whether either party has an ongoing sexual relationship with another person.  

Cases where a disabled person lives with a roommate who helps with their disability caregiving needs can be tricky.  Consider referring such cases to an organization such as Disability Alliance BC. Ministry policy provides that when it is assessing whether a  disabled person is in a spousal relationship with a roommate, the Ministry must consider whether any  interdependency in their relationship is attributable to the person’s disability caregiving needs (not a marriage like relationship) (see Ministry Procedures under “completing an assessment to determine if applicants or recipients are spouses” at https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/support-and-shelter/family-composition?keyword=family&keyword=composition)  

*fails to accept suitable employment;  

*voluntarily leaves employment without just cause;  

*is dismissed from employment for just cause; or  

*fails to demonstrate reasonable efforts to search for suitable employment.  

*a physical or mental condition which precludes maintaining employment;  

*sexual or other harassment;  

*discrimination;  

*dangerous working conditions;  

*following a spouse to new employment;  

*leaving an abusive or violent domestic situation;  

*having to care for a child or other immediate family member who has a mental or physical condition which requires the person to care for them; or  

*reasonable assurance of another job.  

'''NOTE:''' The details of the sanctions that the Ministry may apply under [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#section13 EAA s 13], [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#section12 EAPWDA s 12], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section25 EAPWDR s 25] are summarized in the Ministry's [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions Policy and Procedures Manual] in a table under "reasons for sanctions".

'''NOTE:''' The above employment-related sanctions do not apply to recipients listed in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section29 EAR s 29(4)].

'''NOTE:''' The details of the sanctions that the Ministry may apply under [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#section14 EAA s 14] ([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#section13 s 13 of the EAPWDA]) and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section31 EAR s 31] ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section27  s 27 of the EAPWDR]) are summarized in the  [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/sanctions Ministry's Policy and Procedures Manual] in the table as above, indexed under "Reasons for Sanctions".

== D. Conviction or Civil Judgment for Welfare Fraud ==

*a conviction under the ''Criminal Code'' in relation to obtaining  welfare benefits by fraud or false or misleading representation (i.e. the former "lifetime ban" has been repealed);   

*a conviction of a statutory offence 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] or [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] (or prior welfare legislation); OR  

*a declaration of ineligibility by the Ministry following the Ministry obtaining a civil judgment against them for a welfare overpayment.  

*24 months for second conviction, (unless the overpayment is repaid in less than 24 months); and   

For more information about how an outstanding warrant may affect a person’s eligibility for income assistance, the Community Legal Assistance Society has a detailed fact sheet at http://clasbc.net/wp-content/uploads/2019/06/Outstanding_warrants_fact_sheet_FINAL.pdf   Also see the Ministry’s policy at: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/warrants

Applicants are not eligible for income assistance, PPMB assistance, or disability assistance if they or their adult dependant is on strike or locked out ([https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section14 EAR, s 14] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section13 EAPWDR, s 13]). An applicant in this situation may, however, qualify for hardship assistance under [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section45 s 45 of the EAR] or [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section40 s 40 of the EAPWDR]. If a person is not on strike themselves but cannot go to work because their union is honouring another union's picket line, they can apply for income assistance.

Recipients of disability assistance and their dependants may study either full-time or part-time.

 

The rules for recipients of income assistance and PPMB assistance are more complicated.  

 

Generally, unless they meet very specific criteria (see below), full time students who are eligible for student loan funding are not eligible for income assistance or PPMB assistance during the school term (EAR s 16).  This limitation does not affect the dependent children of income assistance and PPMB recipients.   

As of July 12, 2021, if someone is already receiving income or PPMB assistance, they may be eligible to ask the Ministry for pre-approval to attend full-time studies for which student loans may be available, for up to two years.  To be eligible, the person’s employment plan must have a condition requiring them to attend this program, and they must have been on assistance for the last 3 months (though that criteria can be waived in exceptional circumstances).  For more information, see https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/education-and-training?keyword=students  

== J. Student funding and Income Exemptions ==

For students on '''income assistance or PPMB''' assistance who are authorized to attend full-time funded studies (see above), if the student receives funds such as money from an RESP, a training allowance, or grants, bursaries, or scholarships (other than grants, bursaries or scholarships under the Canada Student Financial Assistance Act), the Ministry can exempt those funds up to the total of their “day care costs,” “education costs,” and “education-related living costs” (see EAR, Schedule B, s 8 for definitions of those.

* The Ministry excuses the student from having employment-related obligations under s 29(4) of the EAR, and the student enrolls part-time in a program that is eligible for student loan funding (note: people in this category (which includes people with the PPMB designation)  may also  have education and childcare costs exempted from any federal or provincial  student loans they receive);  

* The student is on income assistance and is a part-time student in a program that is eligible for student loans (note that students in this situation cannot have any money received from  Canada or provincial student loans exempted as income).  

If a recipient wishes to leave the province for more than 30 days in a calendar year and still get welfare, they must try to obtain prior authorization for continued assistance. The minister has discretion to authorize absences required to avoid undue hardship, to allow participation in a formal education program, or to obtain medical therapy prescribed by a medical practitioner.

 

Prior to October 1, 2012, recipients classified as employable were only eligible for benefits for a total period of 24 months out of every 60 months (see former section 27 of the EAR). Now, there is no longer a time limit and after 24 months there will be no reduction in benefits. 

== M. If the Ministry Refuses Income Assistance, PPMB Benefits, or Disability Assistance ==

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