Difference between revisions of "Governing Legislation and Resources for Welfare (21:II)"

Jump to navigation Jump to search

Governing Legislation and Resources for Welfare (21:II) (view source)

Revision as of 03:38, 24 August 2022

2,316 bytes added ,  03:38, 24 August 2022
no edit summary
Line 1: Line 1:
{{REVIEWED LSLAP | date= July 30, 2021}}
{{REVIEWED LSLAP | date= July 1st, 2022}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


Line 91: Line 91:
*'''BC Disability Benefits Help Sheets'''. Disability Alliance BC publishes 19 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions. '''''This includes a guide on COVID-19 Supports and Programs.'''''
*'''BC Disability Benefits Help Sheets'''. Disability Alliance BC publishes 19 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions. '''''This includes a guide on COVID-19 Supports and Programs.'''''
*'''How to Apply for welfare, Applying for welfare online''' and '''Welfare Benefits:''' plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
*'''How to Apply for welfare, Applying for welfare online''' and '''Welfare Benefits:''' plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
**'''How to apply for Welfare:''' https://lss.bc.ca/publications/pub.php?pub=491
**'''How to apply for Welfare:''' https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare
**'''Applying for Welfare Online:''' https://lss.bc.ca/publications/pub.php?pub=497
**'''Applying for Welfare Online:''' https://legalaid.bc.ca/publications/pub/your-welfare-rights-applying-welfare-online
**'''Welfare Benefits:''' https://lss.bc.ca/publications/pub.php?pub=499
**'''Welfare Benefits:''' https://legalaid.bc.ca/publications/pub/your-welfare-rights-welfare-benefits
**'''When You're on Welfare:''' https://lss.bc.ca/publications/pub/your-welfare-rights-when-youre-welfare
**'''When You're on Welfare:''' https://lss.bc.ca/publications/pub/your-welfare-rights-when-youre-welfare
**'''Income Assistance on Reserve in British Columbia:''' https://lss.bc.ca/publications/pub/income-assistance-reserve-british-columbia
**'''Income Assistance on Reserve in British Columbia:''' https://lss.bc.ca/publications/pub/income-assistance-reserve-british-columbia


== E. Notable Changes to BC Welfare Law ==
== E. Notable Changes to BC Welfare Law ==
=== 1. Eliminated the two-year financial independence test for all welfare applicants ===
=== 1. Changes to rules about income assistance and students  ===
Prior to January 1, 2020, many people were required to show that they had been financially independent for two years before accessing welfare benefits.
As of July 12, 2021, all recipients of income assistance may be eligible to ask the Ministry for pre-approval to attend full-time studies for which student loans may be available (a “funded program of studies”) for up to two years. Approval is only available if the person’s employment plan has a condition requiring them to attend this program and they have been on assistance for the last 3 months (though that criterion can be waived in exceptional circumstances).  Before the July 12th change, only single parents were eligible to ask the Ministry for pre-approval to be a full-time student in a funded program of studies, and approval was for one year at most.  
As of January 1, 2020, regulation change OIC # 705 (B.C. Reg. 270/2019) removed the two-year financial independence eligibility requirement. Applicants are no longer required to demonstrate that they have been financially independent for at least two consecutive years prior to applying for assistance.


=== 2. Changed the definition of "spouse": cohabitation period increased from 3 months to 1 year ===
The type of expenses that can be exempted for full-time students in a funded program of studies has also been expanded. Suppose the student receives funding such as money from a RESP, grants, bursaries, scholarships, a training allowance, or student funding (not including funds from student loans). In that case, an amount for “education-related living costs” can now be exempted from their awards, in additional to amounts for day care costs or education costs. This new exemption for “educated-related living costs” means “the costs, other than education costs, including the costs of food, shelter, clothing, utilities and other living expenses, that, in the opinion of the minister, are reasonably required for the student to participate in the program of studies.”
Prior to January 1, 2020, the ministry considered two people who lived together for three months as “spouses”, if the ministry was satisfied that they were living in a marriage-like relationship, with specific aspects of dependence or inter-dependence.


The BC government has since changed the definition of “spouse” to require people to live together for one year in a marriage-like relationship before being considered spouses under the welfare legislation. Therefore, two people who live together, but are not married, cannot be deemed “spouses” until they have lived together for one year, and have specific aspects of dependence or inter-dependence.  See the definition of “spouse” in section 1.1 of the EA Act and the EAPWD Act.
One can find more information at the following link: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/education-and-training


=== 3. Ended the requirements to apply for Canada Pension Plan early retirement benefits: ===
'''NOTE:''' The rules about disability assistance and students have not changed. People on disability assistance, and their dependents, may be eligible to receive disability assistance while attending education or training programs.
Previously, people between the ages of 60 and 64 who received welfare (other than disability assistance) were forced to take early pension payments with the Canada Pension Plan.  This means they received lower CPP retirement benefits when they turned 65.  


As of January 1, 2020, people between the ages of 60 and 64 are not required to apply for federal early Canada Pension Plan (CPP) retirement benefits to be eligible for income or disability assistance, or to avoid a reduction in the amount of their assistance. Applicants and recipients of early CPP have the option to cancel the CPP early retirement benefit up to six months after it starts. In order to do so, they must request cancellation in writing and pay back to the federal government the benefits they have received.
=== 2. Changes to Disability and Income Assistance Shelter Payments ===
Previously, one could only receive shelter payments if they could show that they were paying for rent, a mortgage, or various other related expenses. This meant there was a minimum of $0 and a maximum of $375 for a single person. Now, no matter what your shelter costs are, a single person is guaranteed a minimum $75 shelter allowance each month.  Larger family units (e.g., couples, or single parents and couples with kids) have a higher minimum shelter rate. This change means that people who are unhoused or living in vehicles, for example, will have some access to shelter benefits.


=== 4. Expanded supplements for people receiving hardship assistance: alcohol or drug treatment. ===
=== 3. New Indigenous Settlement Payment Exemptions: ===
Previously, hardship assistance recipients were not eligible for supplements for addiction treatment and special care.
The following recent settlement payments are exempt from the Ministry’s income and asset rules:
* Williams Treaties Settlement Agreement signed August 22, 2018;
* Missanabie Cree First Nation Treaty Land Entitlement Settlement Agreement signed April 24, 2020;
* Peepeekisis Cree Nation File Hills Colony Specific Claim Settlement Agreement signed March 23, 2021;
* Money transfer from the Seabird Island Indian Reserve in 1959 by the Government of Canada to the Seabird Island Band and the distribution of shared trust funds on a per capita basis


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.
=== 4. Tenant Compensation: New Exemptions ===
Effective September 13, 2021, new sections were added to the EAR and EAPWDR, which exempt “a single payment or a series of payments” that are paid in relation to a person’s “loss of the residential use of premises” as income and as an asset.  
 
The new exemption rules are very broad. The Regulations provide that compensation is exempt as unearned income and as an asset:
 
* If the person was a “tenant’ under the Residential Tenancy Act or the Manufactured Home Park Tenancy Act, or was a licensee, occupant, or lessee or “had a similar right or permission to use the premises for residential purposes;” 
* If it is paid for a full or partial compensation for loss of the residential use of premises, including for “eviction, relocation, demolition, temporary displacement during repair, renovation or redevelopment, or as an inducement to cease or suspend residential use.” 
* If the money is paid under a contract, policy or enactment, or paid voluntarily at the discretion of the person responsible for the residential premises (i.e., landlord, owner, manager or person in a similar position). 
* Whether it is a one-time payment or a series of payments. 
 
The Ministry uses the term “tenant compensation” to refer to this new exemption.  There is a new policy on “tenant compensation” in the “income treatment and exemptions” section of the Ministry policy manual. The policy provides that “tenant compensation for moving costs are not to be considered resources when determining eligibility for the Moving, Transportation, and Living Costs Supplement.”


=== 5.Security, pet and utility deposits ===
=== 5.Security, pet and utility deposits ===
Line 127: Line 138:
https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/pet-damage-deposits#:~:text=the%20pet%20damage%20deposit%20does,owned%20by%20a%20cooperative%20association
https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/pet-damage-deposits#:~:text=the%20pet%20damage%20deposit%20does,owned%20by%20a%20cooperative%20association


=== 6. Increasing crisis supplements for housing-related costs ===
=== 6. One Time GIS Payment for those that Received Pandemic Benefits  ===
Crisis supplements for housing-related costs when a person on welfare has an unexpected need related to their housing costs, which threatens the health of someone in the family or risks removal of their children, are no longer limited to a family unit’s maximum shelter rate. Crisis supplements for housing related costs can now be issued for a family for up to a family unit’s monthly benefit rate.  See section 59 of the EA Regulation and section 57 of the EAPWD Regulation.  
The Government of Canada is providing a one-time grant payment to Guaranteed Income Supplement (GIS) and Allowance recipients who received the Canada Emergency Response Benefit or the Canada Recovery Benefit in 2020.  
 
 
 


The one-time grant payments will be for those who qualified and received pandemic benefits in 2020 and who then faced a reduction or loss of GIS benefits in July 2021.


This one-time GIS payment is exempt from both the Ministry’s income and asset rules. It still needs to be reported to the Ministry like all other money or things someone receives, but it will not affect the person’s eligibility for ongoing benefits.




LSLAP
5,109

edits

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/52925"

Navigation menu