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

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

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{{REVIEWED LSLAP | date= July 1st, 2022}}
{{REVIEWED LSLAP | date= August 1st, 2023}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


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*'''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.
*'''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 ==
== C. Referrals to Other Organizations ==


See '''Chapter 22: Referrals''' for additional referrals.  
See '''[[General Legal Help Resources (23:I)|Chapter 23: Referrals]]''' for additional referrals.  


=== Community Legal Assistance Society (CLAS) ===
=== Community Legal Assistance Society (CLAS) ===
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* Has also created a library of useful help sheets about disability assistance from the Ministry, and guides to applications and appeals ([https://disabilityalliancebc.org/category/publications/help-sheets/])
* Has also created a library of useful help sheets about disability assistance from the Ministry, and guides to applications and appeals ([https://disabilityalliancebc.org/category/publications/help-sheets/])
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 1400 - 605 Robson Street <br /> Vancouver, B.C. V6B 5J3
| address = 1450 - 605 Robson Street <br /> Vancouver, B.C. V6B 5J3
| phone = Advocacy Access Program: (604) 872-1278 <br /> Fax: (604) 875-9227 <br /> TTY: (604) 875-8835
| phone = Advocacy Access Program: (604) 872-1278 <br /> Fax: (604) 875-9227 <br /> TTY: (604) 875-8835
| online = [http://www.disabilityalliancebc.org/ Website] <br />  
| online = [http://www.disabilityalliancebc.org/ Website] <br />  
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=== First United Church ===
=== First United Church ===
* Serves the Downtown Eastside, providing advocacy and assistance for welfare, housing, and other poverty law issues. Most intakes are done remotely but will see people in person where needed for urgent issues.
* Serves the Downtown Eastside, providing advocacy and assistance for welfare, housing, and other poverty law issues. Have shifted primarily to remote intake, with limited in-person intake for urgent issues (eviction or loss of income).
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 542 East Hastings Street <br /> Vancouver, B.C.,  V6A 1P8
| address = 542 East Hastings Street <br /> Vancouver, B.C.,  V6A 1P8
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{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 1725 Venables Street <br /> Vancouver, B.C.,  V5L 2H3
| address = 1725 Venables Street <br /> Vancouver, B.C.,  V5L 2H3
| phone = (604) 251-2801 <br> Housing Division Telephone: (604) 251-5664 <br /> Fax: (604) 251-6354
| phone = (604) 253-0669 <br> Housing Division Telephone: (604) 251-5664 <br /> Fax: (604) 251-6354
| online = [http://www.thekettle.ca/ Website] <br /> }}
| online = [http://www.thekettle.ca/ Website] <br /> }}


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{{ResourcesLSLAP
{{ResourcesLSLAP
| address = '''Drop-in centre:''' <br /> 302 Columbia Street <br /> Vancouver, BC, V6A 4J1 <br /> <br /> '''Emergency shelter''' <br /> 412 Cordova Street <br /> Vancouver, B.C.,  V6A 4J1
| address = '''Drop-in centre:''' <br /> 302 Columbia Street <br /> Vancouver, BC, V6A 4J1 <br /> <br /> '''Emergency shelter''' <br /> 412 Cordova Street <br /> Vancouver, B.C.,  V6A 4J1
| phone = (604) 681-8480 <br /> Fax: (604) 681-8470
| phone = (604) 423-4807 <br /> Fax: (604) 681-8470
| online = [http://www.dewc.ca/ Website] <br /> }}
| online = [http://www.dewc.ca/ Website] <br /> }}


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* Focuses on providing support for abused women and women on the downtown eastside. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.   
* Focuses on providing support for abused women and women on the downtown eastside. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.   
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 101 East Cordova Street <br /> Vancouver, B.C., V6A 4J1
| address = 101 East Cordova Street <br /> Vancouver, B.C., V6A 1K7
| online = [https://atira.bc.ca/what-we-do/program/legal-advocacy/ Website] <br /> E-mail: legaladvocate@atira.bc.ca
| online = [https://atira.bc.ca/what-we-do/program/legal-advocacy/ Website] <br /> E-mail: legaladvocate@atira.bc.ca
| phone = (604) 800-8887 (103)
| phone = (604) 331-1407 ext 114
}}
}}


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{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 1101 Seymour Street <br /> Suite 235, 2nd floor <br/> Vancouver, B.C., V6B 0R1
| address = 1101 Seymour Street <br /> Suite 401, 4th floor <br/> Vancouver, B.C., V6B 0R1
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: contact@aidsvancouver.org
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: contact@aidsvancouver.org
| phone = (604) 893-2201
| phone = (604) 893-2201
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== D. Useful Publications and Outside Agencies ==
== D. Useful Publications and Outside Agencies ==
In addition to this LSLAP manual chapter, other useful publications include:  
In addition to this LSLAP manual chapter, other useful publications include:  
*'''BC Disability Benefits Help Sheets'''. Disability Alliance BC publishes 18 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions.
*'''BC Disability Benefits Help Sheets'''. Disability Alliance BC publishes 20 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions.
*'''How to Apply for welfare, Welfare Benefits and When You're on Welfare:''' plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
*'''How to Apply for welfare, Welfare Benefits and When You're on Welfare:''' plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
**'''How to Apply for Welfare:''' https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare
**'''How to Apply for Welfare:''' https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare
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**'''Welfare Benefits:''' https://legalaid.bc.ca/publications/pub/your-welfare-rights-welfare-benefits
**'''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


== E. Notable Changes to BC Welfare Law ==
== E. Notable Changes to BC Welfare Law ==
=== 1. Changes to Rules About Income Assistance and Students  ===
=== 1. Benefit rate and supplement rate changes ===
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.  
Effective August 1, 2023, there is an increase of $125 per month in the maximum shelter rate for all family units who receive welfare benefits. This change was made by Order in Council 402/2023. For more information see [[Welfare Rates and Payment Issues (21:VIII)|Section VIII.D. Calculating the Shelter Allowance]].


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.”
Also effective August 1, 2023, the monthly amount of several supplements increased, including:
* Crisis supplements for food rose from a maximum of $40 per month to $50 per month for each person in a family unit;
* The monthly rates for all special diet supplements rose (e.g. high protein diet, diabetic diet, gluten free diet etc)
* The natal supplement for people who are pregnant increased, and is now available until a newborn is one year old (up from 6 months)
* The school start up and winter supplement (formerly called the Christmas supplement) increased


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
The Ministry has a useful chart showing the new supplement rates payable as of August 1, 2023, and how they have changed: https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/policies-for-government/bc-employment-assistance-policy-procedure-manual/additional-resources/summary_of_changes_ppm.pdf


:'''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.
For more detail on diet and nutritional supplements see [[Welfare and Health Supplements (21:X)|Section X: Health Supplements]] below.  For more detail on eligibility criteria for crisis supplements, see [[Additional Allowances and Welfare Benefits (21:IX)|Section IX. B: Crisis Supplements]].  


=== 2. Changes to Disability and Income Assistance Shelter Payments ===
=== 2. Forthcoming increase in earnings exemptions ===
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.
Effective January 1, 2024, the earnings exemption for people receiving income assistance, PPMB and PWD benefits will increase. This change was made by Order in Council 402/2023.   See [[Welfare Eligibility (21:III)|Section III. D. 3: Earnings Exemptions]] on earnings exemptions below for more detail.


=== 3. New Indigenous Settlement Payment Exemptions: ===
=== 3. Expanded welfare eligibility for people fleeing armed conflict ===
The following recent settlement payments are exempt from the Ministry’s income and asset rules:
Effective July 1st, 2023, immigration status requirements for welfare have been amended to allow persons in Canada under a temporary resident visa issued through an emergency authorization process for humanitarian reasons related to armed conflict to qualify for all forms of welfare. This category was created when Canada was receiving many people fleeing the war in Ukraine.
* 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


=== 4. Tenant Compensation: New Exemptions ===
Prior to this change, people with this immigration status were only eligible for a limited duration of hardship assistance. As a result of their expanded eligibility for welfare, previous sections in the legislation dealing with hardship assistance for people fleeing armed conflict have been repealed. This change was made through Order in Council 343/2023. See [[Welfare Eligibility (21:III)|Section III. E: Immigration Status Requirements]] for more information.
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:
=== 4. New legislation exempting Indigenous Financial Settlements ===
As of 2023 ‘Indigenous Financial Settlements’ are exempt as both income and assets when determining eligibility for welfare. Section 1(1) of the EAR and the EAPDR define “Indigenous financial settlement’ and associated terms very precisely. Before 2023, only specific settlements named in the legislation were exempt. Order in Council 218/2023 amends both the EAR and the EAPDR to exempt money paid under or from Indigenous financial settlements more generally. See [[Welfare Eligibility (21:III)|Section III. C. 1: Exempt Assets]] for more details.


* 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;” 
=== 5. New Federal Benefit Exemptions ===
* 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.” 
Effective December 19th, 2022, new sections were added to the EAR and EAPWDR which exempt the new federal Rental Housing Benefit and Dental Benefit as either income or assets for all forms of welfare. Receiving benefits under these new programs should not affect a person’s welfare eligibility or the amount of assistance they are entitled to receive. This change was made through Order in Council 681/2022.
* 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.”
=== 6. Housing Stability Supplement formally added to the legislation ===
The Housing Stability Supplement formally codifies a supplement that was previously only available under BCEA policy. It was introduced through Order in Council 56/2023. The Housing Stability Supplement may be provided to an eligible family unit in certain scenarios if there is a temporary absence of member of the family unit from the usual place of residence or there is a death of a member of the family unit. See [[Welfare and Health Supplements (21:X)|Section X. A: Housing Stability Supplement]] for more information.


=== 5.Security, Pet and Utility Deposits ===
=== 7. Changes to Disability and Income Assistance Shelter Payments ===
Previously, a person on welfare usually could not have more than two repayable security deposits outstanding with the ministry, and the ministry was not able to pay pet damage deposits that a landlord can require under the Residential Tenancy Act.   The government has since removed the limit on the number of housing security deposits people on assistance can access and has introduced a repayable supplement for pet damage deposits.  
Before May 2022, 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 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. For maximum shelter rates see [[Introduction to Welfare (21:I)|Section I. C. 1: Benefit rate and supplement rate changes]] and [[Welfare Rates and Payment Issues (21:VIII)|Section VIII. D. Calculating the Shelter Allowance]].


The monthly repayment rate for deposit debt including for repayable security deposits, pet damage deposits and utility deposits is $20 unless a greater amount is consented to.
=== 8. Security, Pet, and Utility Deposits ===
Previously, a person on welfare usually could not have more than two repayable security deposits outstanding with the ministry, and the ministry was not able to pay pet damage deposits that a landlord can require under the Residential Tenancy Act. The government has since removed the limit on the number of housing security deposits people on assistance can access and has introduced a repayable supplement for pet damage deposits.  


For more information on repayable pet deposit supplements visit the Ministry policy at:
The monthly repayment rate for deposit debt, including for repayable security deposits, pet damage deposits and utility deposits is $20 unless a greater amount is consented to.


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
For more information on repayable pet deposit supplements, visit the Ministry policy at: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/pet-damage-deposits.


=== 6. One Time GIS Payment for Those that Received Pandemic Benefits  ===
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.




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