Governing Legislation and Resources for Welfare (21:II)

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Revision as of 18:27, 26 July 2021 by LSLAP (talk | contribs)
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 02, 2019.
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



A. Governing Legislation

Welfare law in BC is governed by the following statutes and regulations, all of which 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].

Forms regulations under the EAA and EAPWDA create many of the forms that the Ministry uses in administering welfare. 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

See Chapter 22: 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 MSDSI, which is 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 created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals (Website)
Online Website
Address 1400 - 605 Robson Street
Vancouver, B.C. V6B 5J3
Phone (604) 872-1278
Fax: (604) 875-9227


First United Church

  • Serves the Downtown Eastside. Provides advocacy and assistance for welfare, housing, and other poverty law issues. Operates a drop-in intake clinic. Hours are posted on their website.
Online Website
Address 320 East Hastings Street
Vancouver, B.C., V6A 1P4
Phone (604) 681-8365
Fax: (604) 681-8928


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) 251-2801
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 shelter:
302 Columbia Street
Vancouver, BC, V6A 4J1

Emergency shelter
412 Cordova Street
Vancouver, B.C., V6A 4J1
Phone (604) 681-8480
Fax: (604) 681-8470


ATIRA Women's Resource Society

  • Focuses on providing support for abused women. 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.
Phone (604) 800-8887 (103)


AIDS Vancouver Community Resource Centre

  • Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.
Online Website
E-mail: support@aidsvancouver.org
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:


v • d • e
 
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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