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Difference between revisions of "Financial Help for People with Disabilities"

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{{REVIEWEDPLS | reviewer = [https://www.wilsonbutcher.com/lawyers/david-butcher/ David Butcher QC], Wilson Butcher|date= June 2018}} {{Dial-A-Law TOC|expanded = money}}
{{REVIEWEDPLS | reviewer = [https://www.wilsonbutcher.com/lawyers/david-butcher/ David Butcher KC], Wilson Butcher|date= June 2018}} {{Dial-A-Law TOC|expanded = money}}
'''People with disabilities''' have options to get financial help from the government. Learn about the government programs available, and where you can turn to get help and find more information.
People with disabilities have options to get financial help from the government. Learn about the government programs available, and where you can turn to get help and find more information.
 
==Understand your legal options==


==What you should know==
===Disability assistance for “persons with disabilities”===
===Disability assistance for “persons with disabilities”===
Someone can get '''disability assistance''' from the BC government if they are designated as a “person with disabilities”. If you qualify for disability assistance, you get a higher monthly income than someone on basic income assistance in BC. You also get a wider range of medical benefits (such as coverage for health equipment), a higher asset limit (meaning you can own more and still qualify for assistance), and more income exemptions.  
Someone can get '''disability assistance''' from the BC government if they are designated as a “person with disabilities." If you qualify for disability assistance, you get a higher monthly income than someone on basic income assistance in BC. You also get a wider range of medical benefits (such as coverage for health equipment), a higher asset limit (meaning you can own more and still qualify for assistance), and more income exemptions.


====Qualifying for the benefit====
====Qualifying for the benefit====
To qualify for disability assistance:  
To qualify for disability assistance:
*You must be at least 18, live in BC, and meet immigration rules.
 
*You must have income and assets within certain limits.  
* You must be at least 18, live in BC, and meet immigration rules.
*Your disability must be severe, expected to last at least two years, and restrict your daily living activities.  
* You must have income and assets within certain limits.
*You must also need help from another person, an assistive device, or an assistance animal.
* Your disability must be severe, expected to last at least two years, and restrict your daily living activities.
* You must also need help from another person, an assistive device, or an assistance animal.


====Applying for the benefit====
====Applying for the benefit====
To get disability assistance, you apply to the government Ministry responsible for welfare in BC, the Ministry of Social Development and Poverty Reduction. To start, you apply for welfare and attend an eligibility interview.  
To get disability assistance, you apply to the government Ministry responsible for welfare in BC, the Ministry of Social Development and Poverty Reduction. To start, you apply for welfare and attend an eligibility interview.


If you meet the Ministry’s basic criteria, you complete a Persons with Disabilities (PWD) application form. The form includes portions for your doctor and other health professionals to complete.
If you meet the Ministry’s basic criteria, you complete a '''persons with disabilities (PWD) application form'''. The form includes portions for your doctor and other health professionals to complete.


For more information, see the Ministry’s website at [http://gov.bc.ca/sdpr gov.bc.ca/sdpr] or call 1-866-866-0800.
For more information, see the Ministry’s website at [http://gov.bc.ca/sdpr gov.bc.ca/sdpr] or call 1-866-866-0800.
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===Tax benefits for people with disabilities===
===Tax benefits for people with disabilities===
Several tax benefits are available to people with disabilities. A key one is the '''disability tax credit'''. It helps a person with disabilities or those supporting them reduce the amount of income tax they may have to pay.  
Several tax benefits are available to people with disabilities. A key one is the '''disability tax credit'''. It helps a person with disabilities or those supporting them reduce the amount of income tax they may have to pay.
 
For someone to be eligible for the disability tax credit, a medical practitioner must certify the person has a severe and prolonged impairment in physical or mental functions. The Canada Revenue Agency website has details at [https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities.html cra-arc.gc.ca/disability].


For someone to be eligible for the disability tax credit, a medical practitioner must certify the person has a severe and prolonged impairment in physical or mental functions. The Canada Revenue Agency website has details at [http://www.cra-arc.gc.ca/disability/ cra-arc.gc.ca/disability].
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===Savings plan for people with disabilities===
===Savings plan for people with disabilities===
A '''registered disability savings plan''' (RDSP) is a savings plan intended to help parents and others save for the long-term financial security of a disabled person.  
A '''registered disability savings plan''' (RDSP) is a savings plan intended to help parents and others save for the long-term financial security of a disabled person.


For every $1 put in an RDSP account, the federal government can match with up to $3. This is the Canada Disability Savings Grant.
For every $1 put in an RDSP account, the federal government can match with up to $3. This is the Canada Disability Savings Grant.
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For people living on a low income (less than $30,000), the federal government will put in $1,000 each year for 20 years. This is the Canada Disability Savings Bond.
For people living on a low income (less than $30,000), the federal government will put in $1,000 each year for 20 years. This is the Canada Disability Savings Bond.


Anyone under 60 who is eligible for the disability tax credit can establish an RDSP. For more information, see the federal government website at [http://www.canada.ca/rdsp canada.ca/rdsp].
Anyone under 60 who is eligible for the disability tax credit can establish an RDSP. For more information, see the federal government website at [https://www.canada.ca/en/employment-social-development/programs/disability/savings.html?utm_campaign=not-applicable&utm_medium=vanity-url&utm_source=canada-ca_rdsp canada.ca/rdsp].
 
===Disability benefits for workers===
===Disability benefits for workers===
The Canada Pension Plan (CPP) provides benefits to workers who become disabled. If you become disabled and cannot work at any job on a regular basis, you may qualify for a monthly '''disability benefit under the CPP'''.
The Canada Pension Plan (CPP) provides benefits to workers who become disabled. If you become disabled and cannot work at any job on a regular basis, you may qualify for a monthly '''disability benefit under the CPP'''.
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====Qualifying for the benefit====
====Qualifying for the benefit====
To qualify for a CPP disability benefit:
To qualify for a CPP disability benefit:
#You must be under age 65.
 
#You must have contributed to the Canada Pension Plan for at least four of the last six years (or three of the last six years if you have contributed for at least 25 years).
You must be under age 65.
#The government must find you have a physical or mental disability that is both severe and prolonged.
 
You must have contributed to the Canada Pension Plan for at least four of the last six years (or three of the last six years if you have contributed for at least 25 years).
 
The government must find you have a physical or mental disability that is both severe and prolonged.


“Severe” means you have a mental or physical disability that regularly stops you from doing any type of gainful work. “Prolonged” means your disability is long-term and indefinite or is likely to result in death.
“Severe” means you have a mental or physical disability that regularly stops you from doing any type of gainful work. “Prolonged” means your disability is long-term and indefinite or is likely to result in death.
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You must apply in writing for the CPP disability benefit. To get the application form, go to [https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-benefit/apply.html canada.ca/cpp] or call toll-free 1-800-277-9914.
You must apply in writing for the CPP disability benefit. To get the application form, go to [https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-benefit/apply.html canada.ca/cpp] or call toll-free 1-800-277-9914.


Shortly, we describe options for getting help in applying for benefits.  
Shortly, we describe options for getting help in applying for benefits.


===Other government benefits for disabled workers===
===Other government benefits for disabled workers===
====Employment Insurance benefits====
====Employment Insurance benefits====
Disabled workers can also seek help through the Employment Insurance (EI) program. EI provides benefits to people who lose their jobs. It also helps those who can’t work because of sickness, or need time off work to care for a family member.
Disabled workers can also seek help through the Employment Insurance (EI) program. EI provides benefits to people who lose their jobs. It also helps those who can’t work because of sickness, or need time off work to care for a family member.
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You may be eligible to get up to 15 weeks of '''EI sickness benefits''' if you're unable to work because of sickness or injury.
You may be eligible to get up to 15 weeks of '''EI sickness benefits''' if you're unable to work because of sickness or injury.


EI also offers '''family caregiver benefits''' and '''compassionate care benefits'''. These can help if you have to miss work temporarily to care for a family member who is critically ill or injured, or gravely ill with a significant risk of death.  
EI also offers '''family caregiver benefits''' and '''compassionate care benefits'''. These can help if you have to miss work temporarily to care for a family member who is critically ill or injured, or gravely ill with a significant risk of death.


For more on EI benefits, see the federal government website at [http://www.canada.ca/ei canada.ca/ei].
For more on EI benefits, see the federal government website at [https://www.canada.ca/ei canada.ca/ei].


====Workers compensation benefits====
====Workers compensation benefits====
You may be able to get compensation from [https://www.worksafebc.com/ WorkSafeBC] if you're a victim of a work accident or have a work-related illness.
You may be able to get compensation from [https://www.worksafebc.com/en WorkSafeBC] if you're a victim of a work accident or have a work-related illness.


====Support for return to work====
====Support for return to work====
The Canada Pension Plan offers a [http://www.servicecanada.gc.ca/eng/services/pensions/cpp/disability/voc-rehab.shtml voluntary program] to help CPP disability benefit recipients return to work. The program offers vocational counseling, financial support for training, and job search services.
The Canada Pension Plan offers a [https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/vocational-rehabilitation.html voluntary program] to help CPP disability benefit recipients return to work. The program offers vocational counseling, financial support for training, and job search services.


===Financial help for students with disabilities===  
===Financial help for students with disabilities===
Several government programs offer financial help for students with disabilities.
Several government programs offer financial help for students with disabilities.


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The federal government offers a [https://www.canada.ca/en/employment-social-development/services/education/grants/disabilities.html grant program for students with a permanent disability]. It is designed to help with the cost of post-secondary education.
The federal government offers a [https://www.canada.ca/en/employment-social-development/services/education/grants/disabilities.html grant program for students with a permanent disability]. It is designed to help with the cost of post-secondary education.


The BC government offers a [https://studentaidbc.ca/explore/grants-scholarships/bc-supplemental-bursary-students-permanent-disability supplemental bursary] for students with a permanent disability. Another BC grant program, the [https://studentaidbc.ca/explore/grants-scholarships/bc-access-grant-students-permanent-disabilities access grant], helps students with a permanent disability by replacing $1,000 in BC student loan funding.
The BC government offers a [https://studentaidbc.ca/explore/grants-scholarships/bc-supplemental-bursary-students-disabilities supplemental bursary] for students with a permanent disability. Another BC grant program, the [https://studentaidbc.ca/explore/grants-scholarships/bc-access-grant-students-disabilities access grant], helps students with a permanent disability by replacing $1,000 in BC student loan funding.


The federal government also offers a [https://www.canada.ca/en/employment-social-development/services/education/grants/disabilities-service-equipment.html grant program for services and equipment] for students with a permanent disability. This is to help disabled students who require exceptional education-related services or equipment.
The federal government also offers a [https://www.canada.ca/en/services/benefits/education/student-aid/grants-loans/disabilities-service-equipment.html grant program for services and equipment] for students with a permanent disability. This is to help disabled students who require exceptional education-related services or equipment.


If you have used the funds available through that federal grant program, you can apply to receive the BC government’s [https://studentaidbc.ca/explore/grants-scholarships/assistance-program-students-permanent-disabilities assistance for exceptional services and equipment] for disabled students.
If you have used the funds available through that federal grant program, you can apply to receive the BC government’s [https://studentaidbc.ca/explore/grants-scholarships/canada-student-grant-services-and-equipment-students-disabilities assistance for exceptional services and equipment] for disabled students.


====Forgiven student loans====  
====Forgiven student loans====
The BC government offers a student loan [https://studentaidbc.ca/repay/repayment-help/repayment-assistance-plan-borrowers-permanent-disability repayment assistance plan for borrowers with a permanent disability]. This plan helps you manage your student loan debt by reducing your monthly payment and letting you pay back what you can reasonably afford.
The BC government offers a student loan [https://studentaidbc.ca/repay/repayment-help/repayment-assistance-plan-borrowers-disabilities repayment assistance plan for borrowers with a permanent disability]. This plan helps you manage your student loan debt by reducing your monthly payment and letting you pay back what you can reasonably afford.


Students with a severe permanent disability can [https://www.canada.ca/en/employment-social-development/services/education/severe-permanent-disability-benefit.html apply to have their student loans '''forgiven'''] (so they don’t have to repay the loans). To qualify, the disability must prevent them from working and from participating in post-secondary studies for the rest of their life.  
Students with a severe permanent disability can [https://www.canada.ca/en/employment-social-development/services/education/severe-permanent-disability-benefit.html apply to have their student loans '''forgiven'''] (so they don’t have to repay the loans). To qualify, the disability must prevent them from working and from participating in post-secondary studies for the rest of their life.


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The BC government’s [https://studentaidbc.ca/ StudentAid BC] website has information on student loans, grants, and scholarships. Search the site for “disability” to find information on programs for students with disabilities.
See our in-depth information on [https://www.peopleslawschool.ca/everyday-legal-problems/cars-getting-around/buying-or-repairing-car/problem-used-car-you-bought problems with a used car] for tips on how to explain your problem to the seller, as well as a template letter you can use.
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==Common questions==
===The government turned down my application for disability assistance. Can I challenge it?===
Yes. If the BC Ministry of Social Development & Poverty Reduction denies you disability assistance or reduces your benefits, you have the right to challenge their decision. See our information on [[Income Assistance: Reconsiderations and Appeals (No. 288)|reconsiderations and appeals of income assistance, no. 288]].
===A warrant is out for my arrest. Can I get disability assistance?===
Not if you have an outstanding arrest warrant for an indictable or hybrid offence anywhere in Canada. If you do, you cannot get income or disability assistance in BC. You must first do something about the warrant. See our information on [[Outstanding Warrants and Welfare (No. 204)|outstanding warrants and welfare, no. 204]].
==Get help==
===With applying for disability benefits===
For help in applying for disability benefits, you could seek out an '''advocate'''. Advocates are community workers trained to help people, including with the paperwork involved. PovNet has a [http://www.povnet.org/find-an-advocate/bc Find an Advocate Map at povnet.org]. Clicklaw’s [http://www.clicklaw.bc.ca/helpmap HelpMap] lists dozens of advocates in BC.
At '''student legal clinics''' in the Lower Mainland and Victoria, law students help people with disabilities who cannot afford a lawyer. The students help with applying for disability benefits and with appeals. In Victoria, call 250-385-1221 or visit [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre]. In the Lower Mainland, call 604-822-5791 or visit [http://www.lslap.bc.ca/ lslap.bc.ca]. 
===More information===
'''Disability Alliance BC''' has help sheets on [http://disabilityalliancebc.org/category/publications/help-sheets/ BC disability benefits] and [http://disabilityalliancebc.org/category/publications/cpp-disability/ Canada Pension Plan disability benefits].
:Toll-free: 1-800-663-1278
:Web: [http://disabilityalliancebc.org disabilityalliancebc.org]
'''Legal Services Society''' offers free booklets on “[https://www.clicklaw.bc.ca/resource/1082 How to Apply for Welfare]” and “[https://www.clicklaw.bc.ca/resource/4492 Welfare Benefits]” that explain disability assistance from the BC government.
:Toll-free: 1-866-577-2525
:Web: [http://legalaid.bc.ca/ legalaid.bc.ca]
The '''Canadian government''' offers a [http://www.canadabenefits.gc.ca Benefits Finder at canadabenefits.gc.ca] that asks several questions about your situation and gives a list of possible government benefit programs, with links to more information.


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