Difference between revisions of "Hardship Assistance and Welfare (21:VI)"

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{{REVIEWED LSLAP | date= August 1st, 2023}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


Applicants who do not qualify for a regular monthly allowance under the EAA or EAPWDA might still qualify for hardship assistance. See s 5 of the EAA and Part 4 of the EAR, and s 6 of the EAPWDA and Part 4 of the EAPWDR.  For example, applicants who do not meet citizenship requirements, who cannot provide a Social Insurance  Number, who  have  excess  income  or  assets,  are on  strike  or  locked  out,  or  have  been  disqualified from  assistance  due  to  welfare  fraud,  may  be  eligible  for hardship  assistance.    Someone  who  has  applied  for income from another source that is not yet available may also be entitled to hardship assistance.  
Applicants who do not qualify for regular monthly income assistance, PPMB benefits or disability 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] 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] might still qualify for hardship assistance. See [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#section5 s 5 of the EAA] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#part4 Part 4 of the EAR], 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#section6 s 6 of the EAPWDA] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part4 Part 4 of the EAPWDR].  


Hardship assistance is provided only for the month in which it is applied for. Applicants who are still in need the following month must apply again. Hardship rates are different for people with and without PWD status.  Schedule D of the EAR and of the EAPWDR lists the maximum rates of hardship assistance.   Section 1 of Schedule D in each Regulation states that applicants in this category are  not  entitled  to a specific amount of hardship assistance and that the actual amount is at the discretion of MSDSI, based on the financial need of the applicant. However, in practice, MSDSI usually grants eligible applicants the maximum hardship rate. A table showing maximum hardship rates is available at http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables.
The Ministry provides hardship assistance only for the month the applicant requests it. Applicants who are still in need the following month must apply again. Hardship rates are different for people with and without PWD or PPMB status.  [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#scheduled Schedule D of the EAR] and of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#scheduled EAPWDR] lists the maximum rates of hardship assistance. Section 1 of Schedule D in each Regulation states that the Ministry does not entitle applicants in this category to a specific amount of hardship assistance and the actual amount is at the discretion of the Ministry, based on the financial need of the applicant. However, in practice, the Ministry usually grants eligible applicants the maximum hardship rate. A table showing the maximum hardship rates is available online at this link: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables


The minister may require that applicants for hardship assistance enter an agreement to repay any assistance received under s 5 of the EAA and s 6 of the  EAPWDA. Only some categories of hardship assistance are repayable, as set out in Part 4 of the EAR and EAPWDR.
The minister may require that applicants for hardship assistance enter an agreement to repay any assistance received 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#section5 s 5 of the 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#section6 s 6 of the  EAPWDA]. Only some categories of hardship assistance are repayable, as set out in [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#part4 Part 4 of the EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#part4 EAPWDR].


In order to qualify for hardship assistance, one must:  
In order to qualify for hardship assistance, one must:  
*Be at least 19;  
# Be at least 19;
*Live in BC;  
# Live in BC;
*Meet the citizenship requirements for income assistance; AND
# Meet the citizenship requirements for income assistance; AND  
*Fall into at least ONE of the following categories:  
# Fall into at least ONE of the following categories:
**A  sponsor  cannot  or will  not  support  them  and they  are  waiting  for  the Ministry  to  make  a decision about the application made for income assistance.
::a) The person has an immediate need for food, shelter or urgent medical attention and cannot complete the three-week work search without hardship assistance (“immediate needs assessment”)
**They are waiting for a Social Insurance Number or other identification documents.
::b) They are waiting for a Social Insurance Number or other identification documents
**They have applied for money from another source (e.g. Employment Insurance or Old Age Security), but they have not received it yet (this hardship assistance will have to be paid back).
::c) They have applied for money from another source (e.g., Employment Insurance or Old Age Security), but they have not received it yet (They will need to pay this hardship assistance back)
**They are on strike or locked out and they do not have money to support themselves (this hardship assistance will have to be paid back).
::d) They are on strike or locked out and they do not have money to support themselves (They will need to pay this hardship assistance back)
**They have more income or assets than people applying for welfare are allowed to have, but they have a dependent child or children and cannot use the income or assets to support themselves or their family (this hardship assistance will have to be paid back).
::e) They have more income or assets than the Ministry allows people applying for welfare to have, but they have a dependent child or children and cannot use the income or assets to support themselves or their family (this hardship assistance will have to be paid back)
**The  person  has  an  immediate  need  for  food,  shelter  or urgent  medical  attention  and cannot complete  the three  or  five  week  work  search  without  hardship  assistance (“immediate  needs assessment”)
::f) Their immigration sponsor cannot or will not support them and they are waiting for the Ministry to decide about the application made for income assistance


'''Note:''' If MSDSI declares that someone does not qualify for hardship assistance, this decision can be appealed.
:'''NOTE:''' If the Ministry declares that someone does not qualify for hardship assistance, this decision can be reconsidered and appealed.
 
== A. Hardship Assistance and Supplements ==
 
Previously, hardship assistance recipients were not eligible for supplements for addiction treatment and special care. As of January 1, 2020, supplements for addiction treatment and special care were expanded to recipients of hardship assistance. Recipients of hardship assistance now have the same access to supplements for alcohol or drug addiction treatment and counselling or related services as recipients of income assistance. In addition, hardship assistance recipients are also now eligible for the following supplements: Prenatal shelter supplement, winter supplement, clothing supplement for people in special care, transportation to drug and alcohol treatment and reconsideration or appeal supplement.
 
Effective January 1, 2020, the following health supplements have also been extended to people receiving hardship assistance: Denture supplement, diet supplement, short term nutritional supplement, tube feed nutritional supplement, and natal supplement.
 
 
{{LSLAP Manual Navbox|type=chapters15-23}}

Latest revision as of 18:18, 12 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1st, 2023.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
21. Welfare Law
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Eligibility
 · IV. Special Situations
 · V. Eligibility Factors
 · VI. Hardship Assistance
 · VII. Overpayments and Fraud
 · VIII. Rates and Payment Issues
 · IX. Additional Benefits
 · X. Health Supplements

 · XI. Appeals
v • d • e



Applicants who do not qualify for regular monthly income assistance, PPMB benefits or disability assistance under the EAA or EAPWDA might still qualify for hardship assistance. See s 5 of the EAA and Part 4 of the EAR, and s 6 of the EAPWDA and Part 4 of the EAPWDR.

The Ministry provides hardship assistance only for the month the applicant requests it. Applicants who are still in need the following month must apply again. Hardship rates are different for people with and without PWD or PPMB status. Schedule D of the EAR and of the EAPWDR lists the maximum rates of hardship assistance. Section 1 of Schedule D in each Regulation states that the Ministry does not entitle applicants in this category to a specific amount of hardship assistance and the actual amount is at the discretion of the Ministry, based on the financial need of the applicant. However, in practice, the Ministry usually grants eligible applicants the maximum hardship rate. A table showing the maximum hardship rates is available online at this link: http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-employment-and-assistance-rate-tables

The minister may require that applicants for hardship assistance enter an agreement to repay any assistance received under s 5 of the EAA and s 6 of the EAPWDA. Only some categories of hardship assistance are repayable, as set out in Part 4 of the EAR and EAPWDR.

In order to qualify for hardship assistance, one must:

  1. Be at least 19;
  2. Live in BC;
  3. Meet the citizenship requirements for income assistance; AND
  4. Fall into at least ONE of the following categories:
a) The person has an immediate need for food, shelter or urgent medical attention and cannot complete the three-week work search without hardship assistance (“immediate needs assessment”)
b) They are waiting for a Social Insurance Number or other identification documents
c) They have applied for money from another source (e.g., Employment Insurance or Old Age Security), but they have not received it yet (They will need to pay this hardship assistance back)
d) They are on strike or locked out and they do not have money to support themselves (They will need to pay this hardship assistance back)
e) They have more income or assets than the Ministry allows people applying for welfare to have, but they have a dependent child or children and cannot use the income or assets to support themselves or their family (this hardship assistance will have to be paid back)
f) Their immigration sponsor cannot or will not support them and they are waiting for the Ministry to decide about the application made for income assistance
NOTE: If the Ministry declares that someone does not qualify for hardship assistance, this decision can be reconsidered and appealed.

A. Hardship Assistance and Supplements

Previously, hardship assistance recipients were not eligible for supplements for addiction treatment and special care. As of January 1, 2020, supplements for addiction treatment and special care were expanded to recipients of hardship assistance. Recipients of hardship assistance now have the same access to supplements for alcohol or drug addiction treatment and counselling or related services as recipients of income assistance. In addition, hardship assistance recipients are also now eligible for the following supplements: Prenatal shelter supplement, winter supplement, clothing supplement for people in special care, transportation to drug and alcohol treatment and reconsideration or appeal supplement.

Effective January 1, 2020, the following health supplements have also been extended to people receiving hardship assistance: Denture supplement, diet supplement, short term nutritional supplement, tube feed nutritional supplement, and natal supplement.


v • d • e
 
Introduction
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP File Administration Policy
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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