British Columbia Gazette Part II — B.C. Reg. 234/2001
B.C. Reg. 234/2001
British Columbia — Gazette
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Volume 44, No. 21
B.C. Reg. 234/2001
The British Columbia Gazette,
Part II
October 23, 2001
B.C. Reg. 234/2001, deposited October 12, 2001, pursuant to the DISABILITY BENEFITS PROGRAM ACT [Section 13], the BC BENEFITS (INCOME ASSISTANCE) ACT [Section 24] and the BC BENEFITS (YOUTH WORKS) ACT [Section 15]. Order in Council 908/2001, approved and ordered October 11, 2001.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Disability Benefits Program Regulation, B.C. Reg. 79/97, the Income Assistance Regulation, B.C. Reg. 75/97 and the Youth Works Regulation, B.C. Reg. 77/97, are amended according to the attached schedule.
— M. COELL, Minister of Human Resources; G. CAMPBELL, Presiding Member of the Executive Council.
Schedule
1 The Disability Benefits Program Regulation, B.C. Reg. 79/97, is amended
(
a) in
section 23 by adding the following subsection:
(3) A crisis benefit may not be provided for the purpose of obtaining
(
a) a benefit described in
Schedule C, or
(
b) any other health care goods or services. ,
(
b) in
section 32 by adding the following subsections:
(4.1) The minister may pay a recipient in accordance with
section 4.1 of
Schedule C an amount for nutritional supplements if satisfied that all of the following conditions are met:
(
a) the minister receives a completed request in the specified form in which a medical practitioner has confirmed that
(
i) the person to whom the request relates is being treated by the medical practitioner for a chronic, progressive deterioration of health on account of a severe medical condition,
(ii) as a direct result of the chronic, progressive deterioration of health, the person displays one or more of the following symptoms:
(
A) malnutrition;
(
B) underweight status;
(
C) significant weight change;
(
D) muscle mass loss;
(
E) bone density loss;
(
F) neurological degeneration;
(
G) significant deterioration of an organ;
(
H) moderate to severe immune suppression,
(iii) for the purpose of alleviating a symptom referred to in subparagraph (ii), the person requires those of the items set out in
section 4.1 of
Schedule C specified in the request, and
(iv) failure to obtain the items referred to in subparagraph (iii) will result in imminent danger to the person's life;
(
b) the person to whom the request relates is a person with disabilities;
(
c) the recipient does not have sufficient financial resources, including alternate sources of funding, to provide the items referred to in paragraph (a) (iii);
(
d) the person is not receiving a benefit under subsection (4);
(
e) the person is not receiving a benefit under
section 2 (3) of
Schedule C;
(
f) the person complies with any requirement of the minister under subsection (4.2).
(4.2) In order to determine or confirm the person's need or continuing need for an item specified under subsection (4.1) (a) (iii), at any time the minister may require that the person obtain a medical opinion from a medical practitioner other than the medical practitioner referred to in subsection (4.1) (a).
(6) The minister may provide a recipient of a disability allowance or a dependent, who is not receiving a benefit under subsection (4.1) or under
section 2 (3) of
Schedule C, with a nutritional supplement product each month for a period of 3 months if a medical practitioner confirms in writing that the recipient or dependent has an acute short term need for caloric supplementation to a regular dietary intake to prevent critical weight loss while recovering from
(
a) surgery,
(
b) a severe injury,
(
c) a serious disease, or
(
d) side effects of medical treatment. ,
(
c) by repealing
section 2 (1) (
b) of
Schedule C and substituting the following:
(
b) disposable medical or surgical supplies other than bottled water, nutritional supplements, food, vitamins or minerals, for which the applicant does not have sufficient financial resources including alternate sources of funding, if the supplies are
(
i) prescribed by a medical practitioner,
(ii) used in a medical procedure or treatment, and
(iii) necessary to avoid an imminent and substantial danger to health; ,
(
d) by repealing
section 2 (1) (
l) of
Schedule C,
(
e) by adding the following subsection to
section 2 of
Schedule C:
(
a) the date the person would have ceased to be eligible for the benefit if subsection (1) (
l) had not been repealed;
(
b) the date the person ceases to receive a disability allowance, income assistance or a youth allowance. , and
(
f) by adding the following
section to
Schedule C:
Monthly nutritional supplement benefit
4.1 The amount of the nutritional supplement benefit that may be provided under
section 32 (4.1) of the regulation is the sum of the amounts for those of the following items specified as required in the request under
section 32 (4.1) (a):
(
a) for additional nutritional items that are part of a caloric supplementation to a regular dietary intake, $165 per month;
(
b) for bottled water for a person suffering moderate to severe immune suppression; $20 per month;
(
c) for vitamins and minerals, $40 per month.
2 The Income Assistance Regulation, B.C. Reg. 75/97 is amended
(
a) in
section 31 by adding the following subsection:
(3) A crisis benefit may not be provided for the purpose of obtaining
(
a) a benefit described in
Schedule C, or
(
b) any other health care goods or services. ,
(
b) by adding the following section:
Short term nutritional supplement
44.1 The minister may provide a recipient of income assistance or a dependent, who is not receiving a benefit under
section 2 (3) of
Schedule C, with a nutritional supplement product each month for a period of 3 months if a medical practitioner confirms in writing that the recipient or dependent has an acute short term need for caloric supplementation to a regular dietary intake to prevent critical weight loss while recovering from
(
a) surgery,
(
b) a severe injury,
(
c) a serious disease, or
(
d) side effects of medical treatment. ,
(
c) by repealing
section 2 (1) (
b) of
Schedule C and substituting the following:
(
b) disposable medical or surgical supplies other than bottled water, nutritional supplements, food, vitamins or minerals, for which the applicant does not have sufficient financial resources including alternate sources of funding, if the supplies are
(
i) prescribed by a medical practitioner,
(ii) used in a medical procedure or treatment, and
(iii) necessary to avoid an imminent and substantial danger to health; ,
(
d) by repealing
section 2 (1) (
l) of
Schedule C, and
(
e) by adding the following subsection to
section 2 of
Schedule C:
(
a) the date the person would have ceased to be eligible for the benefit if subsection (1) (
l) had not been repealed;
(
b) the date the person ceases to receive income assistance, a youth allowance or a disability allowance.
3 The Youth Works Regulation, B.C. Reg. 77/97 is amended
(
a) in
section 27 by adding the following subsection:
(3) A crisis benefit may not be provided for the purpose of obtaining
(
a) a benefit described in
Schedule C, or
(
b) any other health care goods or services. ,
(
b) by adding the following section:
Short term nutritional supplement
38.1 The minister may provide a recipient of a youth allowance or a dependent, who is not receiving a benefit under
section 2 (3) of
Schedule C, with a nutritional supplement product each month for a period of 3 months if a medical practitioner confirms in writing that the recipient or dependent has an acute short term need for caloric supplementation to regular dietary intake to prevent critical weight loss while recovering from
(
a) surgery,
(
b) a severe injury,
(
c) a serious disease, or
(
d) side effects of medical treatment. ,
(
c) by repealing
section 2 (1) (
b) of
Schedule C and substituting the following:
(
b) disposable medical or surgical supplies other than bottled water, nutritional supplements, food, vitamins or minerals, for which the applicant does not have sufficient financial resources including alternate sources of funding, if the supplies are
(
i) prescribed by a medical practitioner,
(ii) used in a medical procedure or treatment, and
(iii) necessary to avoid an imminent and substantial danger to health; ,
(
d) by repealing
section 2 (1) (
l) of
Schedule C, and
(
e) by adding the following subsection to
section 2 of
Schedule C:
(
a) the date the person would have ceased to be eligible for the benefit if subsection (1) (
l) had not been repealed;
(
b) the date the person ceases to receive a youth allowance, income assistance or a disability allowance.
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