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Volume 50, No. 24

B.C. Reg. 400/2007

The British Columbia Gazette,

Part II

December 4, 2007

B.C. Reg. 400/2007, deposited November 30, 2007, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [Sections 35 (2) (b), (

c) and (k)]. Order in Council 832/2007, approved and ordered November 30, 2007.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective December 1, 2007, the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached Schedule.

— C. RICHMOND, Minister of Employment and Income Assistance; R. THORPE, Presiding Member of the Executive Council.

Schedule

Section 1 is amended by adding the following definition:

"application for a child in the home of a relative income assistance form" means the application for a child in the home of a relative income assistance form prescribed by the minister; .

2 The following

section is added:

Application for income assistance for a child in the home of a relative

4.4

(1) A person who applies on or after December 1, 2007 for income assistance under

section 6 must

(

a) complete and submit to the minister the application for a child in the home of a relative income assistance form, and

(

b) include, as part of that application, a written authorization that permits the information from

(

i) the relative of the child with whom the child is residing, and

(ii) each person who is 18 years of age or older who is residing in the home referred to in subparagraph (

i) to be used and disclosed in the manner set out in subsection (2).

(2) The written authorization referred to in subsection (1) must permit the minister, in order to make a determination referred to in

section 6 (2.1) (d), to use and disclose information about a person referred to in subsection (1) (b) (

i) or (ii) in conducting a criminal record check of the person and in reviewing whether the person has had any prior contact with a director, as defined in

section 1 of the

Child, Family and Community Service Act , or a delegate of the director.

Section 6 (2) is repealed and the following substituted:

(2) Subject to subsection (2.1), a child is eligible for income assistance under

section 11 of

Schedule A if

(

a) the child resides with his or her relative,

(

b) the child's parent placed the child with the relative, and

(

c) the child's parent does not reside with the relative.

(2.1) A child is not eligible for income assistance under subsection (2) if

(

a) the child ceases to meet the conditions set out in subsection (2),

(

b) the relative with whom the child resides has entered into an agreement under

section 8 of the

Child, Family and Community Service Act in relation to the child,

(

c) the relative with whom the child resides or the parent of the child fails

(

i) to provide accurate and complete information to the minister,

(ii) to provide all of the authorizations requested by the minister under

section 4.4 or 34.1 within the time, if any, specified by the minister,

(iii) to attend in person at the ministry office when required to do so by the minister under

section 34.1 (2) (c), or

(iv) to submit the form required by the minister under

section 34.1 (2) (a), within the time specified by the minister,

(

d) the minister determines, based on a review of the application of the child provided on or after December 1, 2007 and information obtained under the authorization appended to the application, that there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child, or

(

e) the minister has conducted an audit under

section 34.1 and determines, based on information provided under the audit, that there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child.

Section 26 (2) is amended

(

a) by striking out "and" at the end of paragraph (b),

adding "and" at the end of paragraph (

c) and by adding the

following paragraph:

(

d) for income assistance under

section 11 of

Schedule A on the date of the applicant's submission of the application for a child in the home of a relative income assistance form. , and

(

b) in paragraph (

c) by striking out "sections 6 to 11"

and substituting "sections 6 to 10".

Section 33 (2) is amended by striking out "may complete"

and substituting "must complete".

Section 34 is amended by adding the following subsection:

(5) This

section does not apply to a recipient of income assistance under

section 6.

7 The following

section is added to Division 3:

Eligibility audit for income assistance under

section 6

34.1

(1) The minister may

(

a) audit at any time the eligibility of a child for income assistance under

section 6, including conducting a criminal record check of the following people and a review of whether any of the following people has had any prior contact with a director, as defined in

section 1 of the

Child, Family and Community Service Act , or a delegate of the director:

(

i) the relative of the child with whom the child is residing, and

(ii) each person who is 18 years of age or older who is residing in the home referred to in subparagraph (i), and

(

b) make a determination as to whether there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child.

(2) For the purposes of auditing eligibility of a child for income assistance under subsection (1), the minister may require that

(

a) the parent of the child and the relative with whom the child resides submit to the minister a form that contains the same information as is required in the application for a child in the home of a relative income assistance form,

(

b) the relative with whom the child resides provide a written authorization that permits information from

(

i) that relative, and

(ii) each person who is 18 years of age or older who is residing in the home of the relative with whom the child is residing

to be used and disclosed in the manner set out in subsection (3), and

(

c) the parent of the child and the relative with whom the child resides attend in person on the date, and at the ministry office, specified by the minister.

(3) The written authorization referred to in subsection (2) (

b) must permit the minister, in order to make a determination referred to in

section 6 (2.1) (e), to use and disclose information about a person referred to in subsection (2) (b) (

i) or (ii) in conducting a criminal record check of the person and in reviewing whether the person has had any prior contact with a director, as defined in

section 1 of the

Child, Family and Community Service Act , or a delegate of the director.

Section 81 is amended by adding the following subsection:

(3) A decision to refuse to provide income assistance on the basis of a determination referred to in

section 6 (2.1) (

d) or (

e) is not appealable to the tribunal.

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