I'm Being Investigated by the Welfare Ministry

If the Ministry of Social Development believes that you have received welfare benefits you shouldn't have, they may ask you to repay them. The same applies for the Administering Authority for welfare on an Indian reserve. This is called an overpayment. If they believe that you have received the benefit through fraud, they will investigate and may have you charged with an offence under the Criminal Code or provincial welfare laws. Fraud means receiving assistance as a result of providing information that you know is false or misleading.

First steps

1. If you are being investigated by the Ministry, contact an advocate for help.(See the listing for PovNet in the Resource Guide for contact and website information for welfare advocates in your area.)
2. If you are being investigated and think you may be charged with welfare fraud, immediately contact a lawyer for advice. Many criminal lawyers will provide some advice at no charge. Search for criminal lawyers in your area on the Internet or see the Yellow pages. It is almost always advisable that you don't discuss the accusation with a Ministry investigator before you have spoken with a lawyer.
3. If you are charged with welfare fraud under the Criminal Code or the provincial welfare law, look at the question in this Guide "I've been charged with a criminal (or youth) offence and have to go to court". Make sure that you apply for legal aid, for a criminal lawyer to represent you.

Take any accusation of welfare fraud very seriously. If you collect welfare off-reserve and are convicted of fraud under the Criminal Code (either by pleading guilty or being found guilty after a trial), your welfare benefits will be cut off for life. (The exception is that if you have dependent children or a spouse, your family's benefits will be reduced instead of cut off.) If you are convicted of welfare fraud under provincial welfare laws, your benefits will be cut off for one year for a first offence, two years for a second offence, and for life for a third offence. (Although the penalties for welfare fraud on an Indian reserve are not specified, both the courts and the federal government treat welfare fraud on reserve as a serious offence.)

What happens next?

The Ministry will continue their investigation and will probably want to speak with you. This can be tricky. You have to provide certain information to the Ministry in order to continue receiving benefits, but it is generally not a good idea to discuss anything with them that could lead to a criminal charge and conviction. Be guided by legal advice, and speak with a welfare advocate about what information you need to provide to the Ministry in order to continue receiving benefits.

Many criminal lawyers are not aware that welfare benefits are affected if you are convicted of fraud in relation to welfare benefits. Make sure you or your welfare advocate tell your lawyer this information. Give your lawyer a copy of the lawyer's fact sheet described below in the "Where to get help" section.

Where to get help

See the Resource Guide for a list of helpful resources. Your best bets are: The Legal Services Society has two information sheets about welfare and fraud charges. There is a fact sheet for people charged with offences, at http://www.lss.bc.ca/publications/pub.aspx?p_id=305

There is a fact sheet for criminal law lawyers helping clients with welfare fraud charges, at http://www.lss.bc.ca/assets/lawyers/practiceResources/criminaChargesSocialAssistance_Lawyer.pdf

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim" and "Counterclaim."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."