Residential Tenancy Act 2002

B.C. Reg. 55/2026

British Columbia — Consolidated Statutes

Residential Tenancy Act 2002

B.C. Reg. 55/2026

British Columbia — Consolidated Statutes

263/2002

O.C. 873/2002

September 27, 2002

September 30, 2002, except

section 27 effective April 1, 2002

Employment and Assistance Act

Employment and Assistance Regulation

[Last amended April 15, 2026 by B.C. Reg. 55/2026]

263_2002_pit

Interpretation

Definitions

In this regulation:

Act means the Employment and Assistance Act ;

alternate application for income assistance form means a report submitted to the minister under

section 4.21 (2) using the applicable form specified by the minister for the purpose of

section 33 [reporting requirement] ;

application for income assistance (part 1) form means an application for income assistance (part 1) form specified by the minister;

application for income assistance (part 2) form means an application for income assistance (part 2) form specified by the minister;

asset means

equity in any real or personal property that can be converted to cash,

a beneficial interest in real or personal property held in trust, or

cash assets;

assistance means income assistance, hardship assistance or a supplement;

basic child tax benefit means the Canada child tax benefit minus the national child benefit supplement;

BC basic family bonus means an amount calculated for the purposes of

section 10 (3) (

a) of the Income Tax Act ;

BC child adjustment amount , in relation to a dependent child in a family unit, means the amount of

$195.02 for the first dependent child in the family unit,

$172.54 for the second dependent child in the family unit, or

$164.18 for each additional dependent child in the family unit,

and each of these amounts is adjusted every year on July 1, beginning on July 1, 2018, by the percentage increase, if any, of the consumer price index for the 12 month period ending September 30 of the previous year;

BC child opportunity benefit means an amount deemed to be an overpayment on account of an individual's liability for the taxation year determined under

section 13.092 [BC child opportunity benefit] of the Income Tax Act as it read before January 1, 2023;

BC early childhood tax benefit means an amount deemed to be an overpayment on account of an individual's liability for the taxation year determined under

section 13.071 [BC early childhood tax benefit] of the Income Tax Act ;

BC earned income benefit means an amount calculated for the purposes of

section 10 (3) (

b) of the Income Tax Act ;

BC family benefit means an amount deemed to be an overpayment on account of an individual's liability for the taxation year determined under

section 13.092 of the Income Tax Act as it read on or after January 1, 2023;

Canada child benefit means an amount deemed to be an overpayment on account of a person's liability for the taxation year determined under

section 122.61 of the Income Tax Act (Canada) as it read on or after July 1, 2016;

Canada child tax benefit means an amount deemed to be an overpayment on account of a person's liability for the taxation year determined under

section 122.61 of the Income Tax Act (Canada) as it read before July 1, 2016 and includes the child disability benefit;

cash assets in relation to a person, means

money in the possession of the person or the person's dependant,

money standing to the credit of the person or the dependant with

a savings institution, or

a third party

that must pay it to the person or the dependant on demand,

the amount of a money order payable to the person or the dependant, or

the amount of an immediately negotiable cheque payable to the person or the dependant;

child benefits cheque means a cheque for one, or the sum of two or more, of the following:

the BC basic family bonus;

the BC earned income benefit;

the basic child tax benefit;

the national child benefit supplement;

the BC early childhood tax benefit;

the Canada child benefit;

the BC child opportunity benefit;

the BC family benefit;

child disability benefit means a supplement to the Canada Child Tax Benefit received by families with a child who meets the criteria for the Disability Tax Credit provided under the Income Tax Act (Canada);

child in care has the same meaning as in the Child, Family and Community Service Act ;

Community Living BC means Community Living British Columbia established under the Community Living Authority Act ;

consumer price index means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada);

cooperative association means a cooperative association as defined in the Real Estate Development Marketing Act ;

dietitian means a person who is authorized under the Health Professions and Occupations Act to practise the designated health profession of dietetics;

disability assistance has the same meaning as in the Employment and Assistance for Persons with Disabilities Act ;

earned income means

any money or value received in exchange for work or the provision of a service,

Repealed. [B.C. Reg. 197/2012, Sch. 1, s. 1 (a).]

pension plan contributions that are refunded because of insufficient contributions to create a pension,

money or value received from providing room and board at a person's place of residence, or

money or value received from renting rooms that are common to and part of a person's place of residence;

employment-related program means any of the following categories of programs that are established or funded under

section 7 of the Act:

employment search;

training;

job placement;

self-employment;

volunteer;

family bonus means an amount consisting of the sum of the BC basic family bonus and the national child benefit supplement;

former recipient means an applicant or recipient who, before making the current application under the Act or receiving the current income assistance under the Act, previously received

income assistance under the Act or a former Act, or

disability assistance under the Employment and Assistance for Persons with Disabilities Act or under a former Act within the meaning of that Act;

full-time student has the same meaning as in the Canada Student Financial Assistance Regulations (Canada);

funded program of studies means a program of studies for which funding provided to students under the Canada Student Financial Assistance Act may be provided to a student enrolled in it;

gift does not include

money or other value received, by will or as the result of intestacy, from the estate of a deceased person, or

money or other value received from a trust;

government corporation has the same meaning as in the Financial Administration Act ;

income assistance application date means the date of an applicant's submission of

an application for income assistance (part 2) form, or

an alternate application for income assistance form;

Indigenous financial settlement means an order of a court, an award or order of a tribunal or arbitrator, or a settlement agreement, if the order, award or settlement agreement satisfies both of the following conditions:

the order, award or settlement agreement relates to one or more of the following:

Indigenous identity;

a right recognized and affirmed by

section 35 of the Constitution Act, 1982 ;

iii

an obligation of a relevant government entity in relation to

section 91 (24) of the Constitution Act, 1867 ;

one or more of the grounds for a claim that are set out in

section 14 of the Specific Claims Tribunal Act (Canada) ;

the terms of the order, award or settlement agreement require a relevant government entity to pay money to an Indigenous governing body or to an individual who is a member of a class of persons on whose behalf the order, award or agreement is made;

Indigenous governing body has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

Insurance Corporation of British Columbia means the Insurance Corporation of British Columbia continued by

section 2 (1) of the Insurance Corporation Act ;

legal proceeding includes a civil, criminal, quasi-criminal, administrative or regulatory action or proceeding;

midwife means a person who is authorized under the Health Professions and Occupations Act to practise the designated health profession of midwifery;

minister , in relation to a power, duty or function that the minister has delegated under

section 34 of the Act to another person, includes that other person;

national child benefit supplement means the amount that is 1/12 the value of "C" in the formula calculated under

section 122.61 of the Income Tax Act (Canada) as it read before July 1, 2016;

parent , in relation to a dependent child, includes the following other than for the purposes of sections 20 [assignment of maintenance rights] and 65 [burial or cremation supplements] of this regulation and

section 6 [people receiving room and board] of

Schedule A of this regulation:

a guardian of the person of the child, other than

a director under the Child, Family and Community Service Act , or

an administrator or director under the Adoption Act ;

a person legally entitled to custody of a child, other than an official referred to in paragraph (a) (

i) or (ii);

if the child is a dependent child of a parenting dependent child, a person who is the parent of the parenting dependent child;

parenting dependent child means a dependent child who is the parent of a dependent child;

part-time student has the same meaning as in the Canada Student Financial Assistance Regulations (Canada);

private hospital means a private hospital licensed under the Hospital Act ;

recurring supplement means a supplement under any of the following provisions:

section 56.2 [pre-natal shelter supplement] ;

section 61 [supplement for delayed, suspended or cancelled family bonus] ;

section 61.1 [supplement for delayed, suspended or cancelled Canada child benefit] ;

section 62 [guide dog or service dog supplement] ;

section 67 [general health supplements] , as it relates to supplements described in

section 2 (1) (

f) or (3) of

Schedule C;

section 73 [diet supplement] ;

section 75 [natal supplement] ;

section 77 [supplement for alcohol or drug treatment] ;

section 77.7 [housing stability supplement] ;

registered education savings plan means a registered education savings plan as defined by

section 146.1 of the Income Tax Act (Canada);

relevant government entity means one of the following:

the government;

a government corporation;

the government of a province;

a corporation that is

established by or incorporated under

an Act of Canada or a province, and

equivalent to a government corporation;

sole , in relation to an applicant or a recipient, means the applicant's or recipient's family unit includes no other applicant, recipient or adult dependant;

special care facility means a facility that is a licensed community care facility under the Community Care and Assisted Living Act or a specialized adult residential care setting approved by the minister under subsection (3);

student financial assistance means funding provided to students under

the British Columbia Student Assistance Program,

the Canada Student Financial Assistance Act , or

a similar program provided by another province or jurisdiction;

subsidized rental unit has the same meaning as in

section 49.1 of the Residential Tenancy Act ;

supported child means any of the following:

a child in care;

a child who is described in

section 1 (

a) or (

b) of the Child in the Home of a Relative Transition Regulation, B.C. Reg. 48/2010;

a child who is subject to an agreement under

section 8 or 93 (1) (g) (ii) of the Child, Family and Community Service Act ;

supportive housing rental unit has the same meaning as in the Residential Tenancy Regulation;

tenancy agreement has the same meaning as in

section 1 of the Residential Tenancy Act ;

unearned income means any income that is not earned income, and includes, without limitation, money or value received from any of the following:

money, annuities, stocks, bonds, shares, and interest bearing accounts or properties;

cooperative associations;

war disability pensions, military pensions and war veterans' allowances;

insurance benefits, except insurance paid as compensation for a destroyed asset;

superannuation benefits;

any type or class of Canada Pension Plan benefits;

employment insurance;

union or lodge benefits;

financial assistance provided under the Employment and Assistance for Persons with Disabilities Act or provided by another province or jurisdiction;

workers' compensation benefits and disability payments or pensions;

surviving spouses' or orphans' allowances;

a trust or inheritance;

rental of tools, vehicles or equipment;

rental of land, self-contained suites or other property except the place of residence of an applicant or recipient;

interest earned on a mortgage or agreement for sale;

maintenance under a court order, a separation agreement or other agreement;

education or training allowances, grants, loans, bursaries or scholarships;

a lottery or a game of chance;

awards of compensation under the Criminal Injury Compensation Act or awards of benefits under the Crime Victim Assistance Act , other than an award paid for repair or replacement of damaged or destroyed property;

any other financial awards or compensation;

Federal Old Age Security and Guaranteed Income Supplement payments;

financial contributions made by a sponsor pursuant to an undertaking given for the purposes of the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada);

tax refunds;

gifts of money, annuities, stocks, bonds, shares, and interest bearing accounts or properties;

gifts in the form of payment by another person of a debt or obligation;

unfunded program of studies means a program of studies for which a student enrolled in it is not eligible for funding provided to students under the Canada Student Financial Assistance Act ;

vote has the same meaning as in the Financial Administration Act ;

voted support payment means a support payment made to a family unit from the voted appropriation described under the heading "Income Assistance" in the vote for the ministry of the minister.

Subsection (2.1) applies to a child if

the child relies on both parents for the necessities of life, and

the child resides

with each parent for 50% of each month in circumstances where the parents live in different residences, or

with both parents in circumstances where the parents live in the same residence but are not spouses.

2.1

For the purposes of the Act and this regulation, a child described in subsection

(2) is a dependent child of the parent who is an applicant or recipient, provided only one of the parents is an applicant or recipient, or

if both parents are applicants or recipients, is a dependent child only of the parent who is designated in writing by both parents.

For the purposes of the definition of "special care facility", the minister may approve as a specialized adult residential care setting a place that provides accommodation and care for adults and for which a licence under the Community Care and Assisted Living Act is not required.

The definition of "parent" in subsection (1) applies for the purposes of the definition of "dependent child" in

section 1 (1) of the Act.

For the purposes of the Act and this regulation, two persons who are married to each other are not spouses if the minister is satisfied that the relationship does not demonstrate

financial dependence or interdependence, and

social and familial interdependence

consistent with a marriage-like relationship.

[am. B.C.

Regs. 461/2003, s. 1 (a); 256/2004, s. (a); 344/2004; 518/2004, s. 5; 86/2005; 304/2005, s. 1; 305/2005, Sch. 1, s. 1; 192/2006, s. 1; 400/2007, s. 1; 317/2008, s. 1; 48/2010, Sch. 1, s. 1 (a); 84/2012, Sch. 1, s. 1; 197/2012, Sch. 1, ss. 1 and 2; 363/2012, s. 1; 41/2015, Sch. 1, s. 1; 145/2015, Sch. 1, s. 1; 204/2015, App. 1, s. 1; 283/2016, Sch. 1, s. 1; 34/2017, App. 1, s. 1; 151/2018, App. 1, s. 1; 122/2019, App. 1, s. 1; 123/2019, App. 1, s. 1; 270/2019, App. 1, s. 1; 206/2020, s. 3; 259/2020, App. 1, s. 1; 108/2021, App. 1, s. 1; 246/2022, App. 1, s. 1; 272/2022, App. 1, s. 1; 99/2023, App. 1, s. 1; 98/2024, Sch. 1, s. 1; 132/2024, s. 4; 199/2024, App. 1, s. 1; 128/2025, s. 94; 21/2026, App. 1, s. 1.]

Persons who have persistent multiple barriers to employment

In this section, health professional means a person who is

authorized under the Health Professions and Occupations Act to practise the designated health profession of

medicine,

nursing or psychiatric nursing,

iii

occupational therapy, physical therapy or psychology, or

chiropractic,

a registrant within the meaning of the Social Workers Act , or

a Registered Clinical Counsellor in good standing with the BC Association of Clinical Counsellors.

A person qualifies as a person who has persistent multiple barriers to employment if the person

is a recipient of income assistance or hardship assistance,

has a health condition that is confirmed by a health professional and that,

in the opinion of the health professional,

has continued for at least one year and is likely to continue for at least 2 more years, or

has occurred frequently in the past year and is likely to continue for at least 2 more years, and

in the opinion of the minister, is a barrier that seriously impedes the person's ability to search for, accept or continue in employment, and

faces one or more additional barriers described in subsection (3).

For the purposes of subsection (2) (c), an additional barrier is any of the following:

any of the following circumstances if, in the opinion of the minister, the circumstance seriously impedes the person's ability to search for, accept or continue in employment:

currently experiencing homelessness or having experienced homelessness in the past 12 months;

currently experiencing domestic violence or having experienced domestic violence in the past 6 months;

iii

not having basic skills for employment;

having a criminal record;

having an education below grade 12;

vii

having accessed emergency health, mental health or addiction services multiple times in the past 12 months;

viii

being a Convention refugee as determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada), or having been such a refugee in the past 24 months, or being in the process of having a claim for refugee protection, or application for protection, determined or decided under the Immigration and Refugee Protection Act (Canada);

being a person who was a child in care or received similar care under an enactment of another Canadian jurisdiction;

a circumstance that the minister considers to be a circumstance that seriously impedes the person's ability to search for, accept or continue in employment.

If a person qualified as a person who has persistent multiple barriers to employment on June 30, 2019, the person qualifies, subject to

section 34, as a person who has persistent multiple barriers to employment.

[en. B.C. Reg. 122/2019, App. 1, s. 2; am. B.C. Reg. 128/2025, s. 95.]

Repealed

2.1-2.7

Repealed. [B.C. Reg. 86/2025, Sch. 1, s. 1.]

Eligibility for Income Assistance

Applications and Applicant Requirements

Repealed

Repealed. [B.C. Reg. 304/2005, s. 2.]

Process for assessment of eligibility for income assistance

The eligibility of a family unit for income assistance must be assessed on the basis of the 2-stage process set out in sections 4.1 and 4.2.

Despite subsection (1), the eligibility of a family unit for income assistance may, at the minister's discretion, be assessed on the basis of the process set out in

section 4.21, if income assistance or disability assistance has been provided to or for a person in the family unit in at least one of the 6 calendar months immediately preceding the calendar month for which the eligibility of that family unit is being assessed.

[en. B.C. Reg. 304/2005, s. 3; am. B.C. Regs. 151/2018, App. 1, s. 2; 270/2019, App. 1, s. 2.]

Application for income assistance — stage 1

4.1

The first stage of the process for assessing the eligibility of a family unit referred to in

section 4 (1) for income assistance is fulfilling the requirements of subsection (2) of this section.

The applicants for income assistance in a family unit

must complete and submit to the minister an application for income assistance (part 1) form and must include as part of the application

the social insurance number of each applicant in the family unit who is a person described in

section 7 (2), and

the information, authorizations, declarations and verifications specified by the minister, as required in the application for income assistance (part 1) form, and

subject to subsections (4) and (6), must

complete searches for employment as directed by the minister for the 3 weeks immediately following the date of the application under paragraph (a), or

demonstrate that each of the applicants has completed a search for employment satisfactory to the minister within the 30 day period prior to the date of the application under paragraph (a),

and in either case provide information about and verification of the searches for employment, in the form specified by the minister.

2.1

Repealed. [B.C. Reg. 122/2019, App. 1, s. 3 (b).]

Subsection (2) does not affect the minister's powers under

section 10 of the Act.

Subsection (2) (

b) does not apply to a person who

is prohibited by law from working in Canada,

has reached 65 years of age,

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

has a physical or mental condition that, in the minister's opinion, precludes the person from completing a search for employment as directed by the minister, or

is fleeing an abusive spouse or relative.

Repealed. [B.C. Reg. 6/2008, s. 1.]

Repealed. [B.C. Reg. 197/2012, Sch. 1, s. 3 (e).]

Subsection (2) (

b) does not apply to a sole applicant who

has a dependent child, or

provides care to a supported child

if the child has not reached 3 years of age.

[en. B.C. Reg. 304/2005, s. 3; am. B.C. Regs. 6/2008, s. 1; 98/2009, s. 1; 99/2009, s. 1; 48/2010, Sch. 1, s. 1 (

b) and (c); 85/2012, Sch. 1, s. 1; 197/2012, Sch. 1, s. 3; 145/2015, Sch. 1, s. 2; 151/2018, App. 1, s. 3; 122/2019, App. 1, s. 3.]

Application for income assistance — stage 2

4.2

In this section, applicant orientation program means a program established by the minister to ensure that applicants are provided with information about their rights and obligations under the Act, including but not limited to information about all or any combination of

rules about eligibility for income assistance or supplements,

the process of applying for disability assistance,

required employment search activities, community based job search resources and ministry and community programs,

mutual obligations of the minister, applicants and recipients,

client needs assessments and employability plans,

the minister's authority to collect and verify information, and

the availability of alternate resources, such as, federal programs and other Provincial programs.

The second stage of the process for assessing the eligibility of a family unit referred to in

section 4 (1) for income assistance is fulfilling the requirements of subsection (3) of this section.

Subject to

section 47.2 (2), on completion of the first stage process provided for in

section 4.1, the applicants for income assistance in the family unit must complete and submit to the minister an application for income assistance (part 2) form and must include as part of the application

proof of the identity of the persons in the family unit and of their eligibility under the Act,

subject to subsection (5), proof that the applicants have each completed an applicant orientation program, and

the information, authorizations, declarations and verifications specified by the minister as required in the application for income assistance (part 2) form.

Subsection (3) does not affect the minister's powers under

section 10 of the Act.

Subsection (3) (

b) does not apply to a person who

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

has reached 65 years of age,

is not described in 7 (2) [citizenship requirements] and is in a family unit that satisfies the requirement under

section 7 (1), or

has a physical or mental condition that, in the minister's opinion, precludes the person from completing an applicant orientation program.

[en. B.C. Reg. 304/2005, s. 3; am. B.C. Regs. 48/2010, Sch. 1, s. 1 (b); 85/2012, Sch. 1, s. 2; 197/2012, Sch. 1, s. 4; 198/2012, Sch. 1, s. 1; 240/2015 App. 1, s. 1; 151/2018, App. 1, s. 4; 199/2024, App. 3, s. 1.]

Streamlined application for income assistance

4.21

The process for assessing the eligibility of a family unit referred to in

section 4 (2) for income assistance is fulfilling the requirements of subsection (2) of this section.

The applicants for income assistance in a family unit must complete and submit to the minister a report using the applicable form specified by the minister for the purpose of

section 33 [reporting requirement] .

[en. B.C. Reg. 151/2018, App. 1, s. 5; am. B.C. Reg. 98/2024, Sch. 1, s. 2.]

Repealed

4.3

Repealed. [B.C. Reg. 313/2007, s. 1 (a).]

Repealed

4.4

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

Applicant requirements

For a family unit to be eligible for income assistance or a supplement, an adult in the family unit must apply for the income assistance or supplement on behalf of the family unit unless

the family unit does not include an adult, or

the spouse of an adult applicant has not reached 19 years of age, in which case that spouse must apply with the adult applicant.

A child who is not residing with the child's parent is not eligible to receive assistance unless, after reasonable efforts by the minister to have the parent assume responsibility for the financial support of the child, the minister decides to grant income assistance to the child.

If a family unit includes a parenting dependent child, an application under subsection (1) may include in the family unit both the parenting dependent child and that individual's dependent child.

Despite subsection (1), if

a parenting dependent child is a dependent youth residing with a parent, and

the parent of the dependent youth is a recipient under the Act or a recipient within the meaning of the Employment and Assistance for Persons with Disabilities Act ,

the dependent youth may apply for income assistance or a supplement for a family unit composed of the dependent youth and any dependant of that dependent youth.

The minister may provide income assistance or a supplement to a family unit described in subsection (4) if the minister considers that this is appropriate in the circumstances.

If income assistance or a supplement is provided to a family unit described in subsection (4), the minister may not provide income assistance or a supplement on account of a person in that family unit as part of any other family unit.

[am. B.C. Regs. 48/2010, Sch. 1, s. 1 (d); 197/2012, Sch. 1, s. 5; 35/2020, App. 1, s. 1.]

Repealed

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

Requirements respecting citizenship and residency

For a family unit to be eligible for income assistance at least one applicant or recipient in the family unit must be ordinarily resident in British Columbia and must be

a Canadian citizen,

authorized under an enactment of Canada to take up permanent residence in Canada,

determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee,

in Canada under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada) or on a minister's permit issued under the Immigration Act (Canada),

in the process of having a claim for refugee protection, or application for protection, determined or decided under the Immigration and Refugee Protection Act (Canada),

subject to a removal order under the Immigration and Refugee Protection Act (Canada) that cannot be executed, or

a person who is in Canada under a temporary resident visa under the Immigration and Refugee Protection Act (Canada) that was issued through an emergency authorization process for humanitarian reasons related to armed conflict.

If a family unit satisfies the requirement under subsection (1), income assistance and supplements may be provided to or for the family unit on account of each person in the family unit who is ordinarily resident in British Columbia and who is

a Canadian citizen,

authorized under an enactment of Canada to take up permanent residence in Canada,

determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee,

in Canada under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada) or on a minister's permit issued under the Immigration Act (Canada),

in the process of having a claim for refugee protection, or application for protection, determined or decided under the Immigration and Refugee Protection Act (Canada),

subject to a removal order under the Immigration and Refugee Protection Act (Canada) that cannot be executed,

a dependent child, or

a person who is in Canada under a temporary resident visa under the Immigration and Refugee Protection Act (Canada) that was issued through an emergency authorization process for humanitarian reasons related to armed conflict.

If a family unit includes a person who is not described in subsection (2),

the person's income and assets must be included in the income and assets of the family unit for the purposes of determining whether the family unit is eligible for assistance, except as otherwise provided in this regulation, and

the family unit is not eligible for any income assistance under

Schedule A, hardship assistance under

Schedule D or supplements under Division 1, 2, 3, 5 or 8 of

Part 5 of this regulation on account of or for the use or benefit of that person.

[am. B.C. Regs. 253/2005, s. (a); 69/2008, s. 1 (

a) and (b); 198/2012, Sch. 1, s. 2; 35/2020, App. 1, s. 2; 21/2023, App. 1, s. 1; 141/2023, Sch. 1, s. 1; 98/2024, Sch. 3, s. 1.]

Exemption applies in specified circumstances

7.1

Despite

section 7 (1), a family unit that does not satisfy any of paragraphs (

a) to (

g) of that subsection is eligible for income assistance if the minister is satisfied that all of the following apply:

the applicant is a sole applicant or, in the case of a recipient, the recipient is a sole recipient;

a.1

the applicant or recipient is ordinarily resident in British Columbia;

the applicant or recipient has one or more dependent children who are Canadian citizens;

the applicant or recipient has separated from an abusive spouse;

the applicant or recipient has applied for status as a permanent resident under the Immigration and Refugee Protection Act (Canada);

the applicant or recipient cannot readily leave British Columbia with the dependent children because

a court order, agreement or other arrangement with respect to one or more of the dependent children provides custody, guardianship or access rights to another person who resides in British Columbia and leaving British Columbia with the dependent children would likely contravene the provisions of the court order, agreement or other arrangement,

another person who resides in British Columbia is claiming custody, guardianship or access rights with respect to one or more of the dependent children and the person's claims have not yet been resolved, or

iii

the applicant or recipient, or a dependent child of the applicant or recipient, is being treated for a medical condition and leaving British Columbia would result in imminent danger to the physical health of the applicant, recipient or dependent child.

If a family unit satisfies the requirement under subsection (1), income assistance and supplements may be provided to or for the family unit on account of

the sole applicant or sole recipient in that family unit, and

each person in the family unit who is a dependent child.

[en. B.C. Reg. 198/2012, Sch. 1, s. 3; am. B.C. Reg. 98/2024, Sch. 3, s. 2.]

Income and Asset Restrictions

Effect of applying for other sources of income

For the purposes of subsection (2), income does not include

earned income described in paragraphs (a), (

d) or (

e) of the definition in

section 1, or

income exempt under

section 1 of

Schedule B.

A family unit is not eligible for income assistance if an applicant in the family unit has applied for income from another source.

Requirement to apply for CPP benefits

If a family unit includes a recipient who may be eligible for a benefit under the Canada Pension Plan (Canada), for the family unit to continue to be eligible for income assistance, the recipient, when requested by the minister, must complete a Consent to Deduction and Payment under the Canada Pension Plan (Canada) directing that

an amount up to the amount of income assistance provided to or for the family unit from the date that the recipient becomes eligible for the Canada Pension Plan benefit be deducted from the amount of that benefit, and

the amount deducted be paid to the minister.

[am. B.C. Reg. 463/2003, s. 1.]

Limits on income

For the purposes of the Act and this regulation, income , in relation to a family unit, includes an amount garnished, attached, seized, deducted or set off from the income of an applicant, a recipient or a dependant.

A family unit is not eligible for income assistance if the net income of the family unit determined under

Schedule B equals or exceeds the sum of the following:

the amount of income assistance determined under

Schedule A for a family unit matching that family unit;

if the family unit includes a person who was a recipient in the previous calendar month, the total amount of recurring supplements that a family unit matching that family unit would be eligible to receive.

[am. B.C. Reg. 199/2024, App. 1, s. 3.]

Asset limits

The following assets are exempt for the purposes of subsections (2) and (2.1):

clothing and necessary household equipment;

one motor vehicle generally used for day to day transportation needs;

b.1

any income earned by a dependent child;

a family unit's place of residence;

c.1

money received from the sale of a family unit's place of residence, during the exemption period described in subsection (1.2);

money received or to be received from a mortgage on, or an agreement for sale of, the family unit's previous place of residence if the money is

applied to the amount owing on the family unit's current place of residence, or

used to pay rent for the family unit's current place of residence;

a Canada child tax benefit;

e.1

a Canada child benefit;

a goods and services tax credit under the Income Tax Act (Canada);

a tax credit under

section 8 [refundable sales tax credit] , 8.1 [climate action tax credit] or 8.3 [renter's tax credit] of the Income Tax Act (British Columbia);

an uncashed life insurance policy with a cash surrender value of $1 500 or less;

business tools;

seed required by a farmer for the next crop-year;

basic breeding-stock held by a farmer at the income assistance application date, and female stock held for stock replacement;

essential equipment and supplies for farming and commercial fishing;

fishing craft and fishing gear owned and used by a commercial fisher;

prepaid funeral costs;

individual payments granted by the government of British Columbia to a person infected by the human immunodeficiency virus;

money that is

paid or payable to a person if the money is awarded to the person by an adjudicative panel in respect of claims of abuse at Jericho Hill School for the Deaf and drawn from a lump sum settlement paid by the government of British Columbia, or

paid or payable to or for a person if the payment is in accordance with the settlement agreement approved by the Supreme Court in Action No. C980463, Vancouver Registry;

money paid under the 1986-1990 Hepatitis C Settlement Agreement made June 15, 1999, except money paid under

section 4.02 or 6.01 of

Schedule A or of

Schedule B of that agreement;

Repealed. [B.C. Reg. 197/2012, Sch. 1, s. 6 (e).]

v)-(v.1

Repealed. [B.C. Reg. 99/2023, App. 1, s. 2 (a).]

financial assistance payments provided under

Part 6 of the Adoption Regulation, B.C. Reg. 291/96;

for a recipient who is participating in a self-employment program funded or established by the minister under

section 7 of the Act,

up to a maximum of $5 000 kept by the recipient in a separate account described in

section 4 (2) (b) (ii) of

Schedule B, and

up to a maximum of $50 000, or a greater amount approved by the minister, consisting of

the value of assets used by the recipient in operating a small business under the self-employment program, and

a loan that is not greater than the amount contemplated by the recipient's business plan, accepted by the minister under

section 77.2 of this regulation, and received and used for the purposes set out in the business plan;

assets exempted under

section 12 (2) [asset development accounts] ,

section 13 (2) [assets held in trust for person receiving special care] , or

iii

section 13.1 (2) [temporary exemption of assets for person applying for disability designation or receiving special care] ;

Repealed. [B.C. Reg. 85/2012, Sch. 1, s. 3.]

payments granted by the government of British Columbia under

section 8 [agreement with child's kin and others] of the Child, Family and Community Service Act ;

payments granted by the government of British Columbia under the Ministry of Children and Family Development's At Home Program;

Repealed. [B.C. Reg. 85/2012, Sch. 1, s. 3.]

payments granted by the government of British Columbia under an agreement referred to in

section 93 (1) (g) (ii) of the Child, Family and Community Service Act , for contributions to the support of a child;

dd.1

payments granted by the government of British Columbia under an agreement referred to in

section 12.4 of the Child, Family and Community Service Act ;

payments granted by the government of British Columbia under the Ministry of Children and Family Development's

Autism Funding: Under Age 6 Program, or

Autism Funding: Ages 6 — 18 Program;

funds held in a registered education savings plan;

payments provided by Community Living BC to assist with travel expenses for a recipient in the family unit to attend a self-help skills program, or a supported work placement program, approved by Community Living BC;

a Universal Child Care Benefit provided under the Universal Child Care Benefit Act (Canada);

hh.1

a rental housing benefit provided under the Rental Housing Benefit Act (Canada);

hh.2

a dental benefit provided under the Dental Benefit Act (Canada);

hh.3

a Canada disability benefit payment made under

section 5 of the Canada Disability Benefit Act ;

funds held in, or money withdrawn from, a registered disability savings plan;

a working income tax benefit provided under the Income Tax Act (Canada);

Repealed. [B.C. Reg. 180/2010, s. 1 (b).]

the climate action dividend under

section 13.02 of the Income Tax Act ;

money paid or payable to a person under the Criminal Injury Compensation Act as compensation for non-pecuniary loss or damage for pain, suffering mental or emotional trauma, humiliation or inconvenience that occurred when the person was under 19 years of age;

money that is paid or payable to or for a person if the payment is in accordance with the settlement agreement approved by the Supreme Court in Action No. S024338, Vancouver Registry;

oo.1

money that is paid or payable to or for a person if the payment is in accordance with the settlement under the Final Settlement Agreement and Supplementary Agreement approved by the Federal Court June 22, 2018 in Court File No. T-370-17, Todd Edward Ross et al. v. Her Majesty the Queen ;

oo.2

money that is paid or payable to or for a person if the payment is in accordance with the settlement under the Final Settlement Agreement approved by the Federal Court January 30, 2019 in Court File No. T-1068-14, Raymond Michael Toth v. Her Majesty the Queen ;

payments granted by the government of British Columbia under the Ministry of Children and Family Development's Family Support Services program;

payments granted by the government of British Columbia under the Ministry of Children and Family Development's Supported Child Development program;

payments granted by the government of British Columbia under the Ministry of Children and Family Development's Aboriginal Supported Child Development program;

a tax refund;

a BC basic family bonus;

payments granted by the government of British Columbia under the Temporary Education Support for Parents program;

a BC early childhood tax benefit;

ww.1

a BC child opportunity benefit;

ww.2

a BC family benefit;

money that is paid or payable by or for Community Living BC to or for a person if the payment is in accordance with an award in a legal proceeding or with a settlement agreement in respect of a claim for injury, loss or damage caused by Community Living BC, an employee of Community Living BC or a person retained under a contract to perform services for Community Living BC;

money that is paid or payable by the government of British Columbia to or for a person if the payment is in accordance with an award in a legal proceeding or with a settlement agreement in respect of a claim for injury, loss or damage caused by the minister, the ministry, an employee of the ministry or a person retained under a contract to perform services for the ministry;

yy.1

money that is paid or payable by the government of British Columbia to or for a person if the payment is in accordance with an award in a legal proceeding or with a settlement agreement in respect of a claim for injury, loss or damage caused by the Minister of Children and Family Development, that ministry, an employee of that ministry or a person retained under a contract to perform services for that ministry;

yy.2

money that is paid or payable by the government of British Columbia to or for a person because the person was a resident of Woodlands School;

yy.3

money paid or payable from the recognition fund that is established by the government of British Columbia in relation to the forcible removal of children of the Sons of Freedom Doukhobors, and detention at the New Denver facility, between 1953 and 1959;

a disabled contributor's child's benefit paid or payable under the Canada Pension Plan ;

aaa

payments granted under an agreement referred to in

section 94 of the Child, Family and Community Service Act ;

bbb

money that is paid or payable, in respect of a child, from property that comes into the control of, or is held by, the Public Guardian and Trustee;

ccc)-(ddd

Repealed. [B.C. Reg. 99/2023, App. 1, s. 2 (a).]

eee

money that is paid or payable under the Memorial Grant Program for First Responders established under the authority of the Department of Public Safety and Emergency Preparedness Act (Canada);

fff

money, or goods or services in kind, received or to be received by a participant in the Ministry of Social Development and Poverty Reduction's Work Experience Opportunities Grant program from a grant under the program;

ggg

a rebate of all or part of a premium paid to the Insurance Corporation of British Columbia under the Insurance (Vehicle) Act and the plan operated under that Act;

hhh

an amount that is paid or payable, as a single payment or series of payments, as follows:

the amount is paid or payable by a person who is or was a landlord, owner or manager, or a person who holds or held a similar position, in relation to leased, rented or licensed residential premises, whether or not the Residential Tenancy Act or the Manufactured Home Park Tenancy Act applies to that premises;

the amount is paid or payable to a person who is or was a tenant, lessee, licensee or occupant, or a person who has or had a similar right or permission to use the premises for residential purposes;

iii

the amount is paid or payable as full or partial compensation for loss of the residential use of the premises, including for eviction, relocation, demolition, temporary displacement during repair, renovation or redevelopment, or as an inducement to cease or suspend residential use;

the amount is paid or payable under an enactment, a policy or a contract, or voluntarily or at the discretion of the person referred to in subparagraph (i);

iii

money that is exempt under

section 8 of

Schedule B;

jjj)-(mmm

Repealed. [B.C. Reg. 99/2023, App. 1, s. 2 (a).]

nnn

a voted support payment;

ooo

money that is paid or payable under or from an Indigenous financial settlement;

ppp

money that is paid or payable to or for an injured person in relation to the injury if

the money is paid or payable for the purpose of covering expenses that are necessary only because of the injury, or

the money is not paid or payable for a specific purpose and the minister is satisfied that the money will be used to cover expenses that are necessary only because of the injury.

1.1

Despite subsection (1), assets described in subsection (1) (x) (ii) (

A) are not exempt under subsection (1) (i), (j), (k), (

l) or (m).

1.2

The exemption under subsection (1) (c.1) applies to

the calendar month in which a person receives the money referred to in that subsection and the 3 subsequent calendar months, and

if the minister is satisfied that the person is making reasonable efforts to purchase another primary residence for the family unit, one or more further calendar months approved by the minister.

A family unit is not eligible for income assistance if any of the following apply:

subject to paragraph (c), a sole applicant or sole recipient has no dependent children and has assets with a total value of more than $5 000;

subject to paragraph (c), an applicant or a recipient has one or more dependants and the family unit has assets with a total value of more than $10 000;

one applicant or recipient in the family unit receives accommodation and care in a private hospital or a special care facility, other than an alcohol or drug treatment centre, or is admitted to a hospital for extended care, and the family unit has assets with a total value of more than $100 000;

2 applicants or recipients in the family unit receive accommodation and care in a private hospital or a special care facility, other than an alcohol or drug treatment centre, or are admitted to a hospital for extended care, and the family unit has assets with a total value of more than $200 000.

2.1

Despite subsection (2), a family unit that includes an applicant or a recipient who has applied for and has not been denied, or who the minister is satisfied has a genuine intention to apply for, designation as a person with disabilities under

section 2 of the Employment and Assistance for Persons with Disabilities Act may receive income assistance, subject to all other eligibility criteria, if the family unit has assets with a total value of no more than

in the case of a family unit that includes one applicant or recipient who has applied for and has not been denied, or who the minister is satisfied has a genuine intention to apply for, designation as a person with disabilities, $100 000, or

in the case of a family unit that includes 2 applicants or recipients who have applied for and have not been denied, or who the minister is satisfied have a genuine intention to apply for, designation as a person with disabilities, $200 000.

2.2)-(2.3

Repealed. [B.C. Reg. 122/2019, App. 1, s. 4 (d).]

The minister may authorize one or more of the following:

that for a family unit that includes a person who has persistent multiple barriers to employment or a person who has reached 65 years of age, the total cash surrender value of an uncashed life insurance policy of an applicant or recipient is not to be included as an asset for the purposes of subsection (2) for the period specified by the minister;

that saleable acreage and buildings owned by an applicant or recipient are to be treated as though they were the place of residence of the applicant's or recipient's family unit for the period specified by the minister.

Repealed. [B.C. Reg. 197/2012, Sch.1, s. 9.]

If money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under subsection (1) (ooo) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person.

[am. B.C. Regs. 115/2003, Sch. 1, s. 1; 209/2003, Sch. 1, s. 1; 235/2003, s. 1; 462/2003, Sch.

A, s. 1; 276/2004, s. 1 (a); 22/2005, Sch., s. 1 (a); 304/2005, s. 4; 305/2005, Sch. 1, s. 2; 192/2006, s. 2; 250/2006, s. 1 (a); 195/2007, s. 1; 362/2007, s. (a); 48/2008, s. 1 (a); 87/2008, s. 1 (a); 94/2008, s. 1 (a); 86/2008, s. 1; 48/2010, Sch. 1, s. 1 (e); 180/2010, s. 1; 242/2010, s. 1; 85/2012, Sch. 1, s. 3; 197/2012, Sch. 1, ss. 6 to 9; 20/2013, s. 1; 31/2014, Sch. 1, s. 1; 172/2014, Sch. 1, s. 1; 41/2015, Sch. 1, s. 2; 145/2015, Sch. 1, s. 3; 204/2015, App. 1, s. 2; 283/2016, Sch. 1, s. 2; 96/2017, App. 1, s. 1; 34/2017, App. 1, s. 2; 179/2017, App. 1, s. 1; 150/2018, s. 1 (a); 151/2018, App. 1, s. 6; 189/2018, App. 1, s. 1 (a); 19/2019, App. 1, s. 1 (a); 122/2019, App. 1, s. 4; 226/2019, App. 1, s. 1; 259/2020, App. 1, s. 2; 278/2020, App. 1, s. 1; 21/2021, App. 1, s. 1 (a); 108/2021, App. 1, s. 2; 194/2021, s. 1; 232/2021, Sch. 1, s. 1; 189/2021, App. 3; 303/2021, Sch. 1, s. 1; 246/2022, App. 1, s. 2; 272/2022, App. 1, s. 2; 99/2023, App. 1, s. 2; 161/2023, App. 1, s. 1; 199/2024, App. 1, s. 4; 86/2025, Sch. 1, s. 2 and Sch. 3, s. 1.]

Asset development accounts

In this section:

asset development account means a savings institution account that is

established exclusively for the purpose of enabling an applicant or a recipient to participate in an asset development account program, and

comprised exclusively of deposits of money contributed by an applicant or a recipient and additional amounts that

are contributed by or through the operator of the asset development account program, and

equal the percentage of the applicant's or recipient's contributions established for the applicant or recipient under the program;

asset development account program means a saving program that is

designed to assist individuals to achieve savings for the purposes of future self-sufficiency or future enhanced self-sufficiency, and

approved by the minister for the purposes of this regulation.

For the period that an applicant or recipient is participating in an asset development account program, the applicant's or recipient's asset development account is exempt as an asset for the purposes of

section 11 (2) and (2.1) [asset limits] .

If an applicant or recipient does not use all or part of the money contributed to an asset development account for the purposes specified under the program, subsection (2) ceases to apply to that portion of the money not used for those purposes.

[am. B.C. Reg. 197/2012, Sch. 1, s. 10.]

Assets held in trust for person receiving special care

In this section, disability-related cost means the cost of providing any of the following to a person receiving accommodation or care in a private hospital or a special care facility, other than a drug or alcohol treatment centre:

devices, or medical aids, related to improving the person's health or well-being;

caregiver services or other services related to the person's disability;

education or training;

any other item or service that promotes the person's independence.

For a person

who is receiving accommodation or care in a private hospital or special care facility, other than a drug or alcohol treatment centre, or to whom

section 11 (2.1) applies, and

who complies with subsection (4),

up to $200 000, or a higher limit if authorized by the minister under subsection (3), of the aggregate value of the person's beneficial interest in real or personal property held in one or more trusts, calculated as follows:

the sum of the value of the capital of each trust on the later of April 26, 1996 or the date the trust was created, plus

any capital subsequently contributed to a trust referred to in paragraph (

c) is exempt for the purposes of

section 11 (2) and (2.1) [asset limits] .

If the minister is satisfied that, because of special circumstances, the lifetime disability-related costs of a person referred to in subsection (2) will amount to more than $200 000, the minister may authorize a higher limit for the person for the purposes of subsection (2).

A person referred to in subsection (2) who has a beneficial interest in one or more trusts must keep records of the following and make the records available for inspection at the request of the minister:

for a trust created before April 26, 1996, the capital of the trust on that date;

for a trust created on or after April 26, 1996, the capital of the trust on the date the trust was created;

the amount of capital contributed in each subsequent year to a trust referred to in paragraph (

a) or (b);

all payments made after April 26, 1996 to or on behalf of the person from a trust in which that person has a beneficial interest.

For the purposes of this section, the real or personal property of a "patient", as defined in the Patients Property Act , is to be treated as if the real or personal property were held in trust for the patient by the patient's committee.

[am. B.C. Regs. 86/2008, s. 2; 197/2012, Sch. 1, s. 11.]

Temporary exemption of assets for person applying for disability designation or receiving special care

13.1

In this section:

person applying for a disability designation means a person to whom

section 11 (2.1) applies;

person receiving special care means a person who is receiving accommodation or care in a private hospital or special care facility, other than a drug or alcohol treatment centre.

During the exemption period described in subsection (3), an asset received by a person applying for a disability designation or by a person receiving special care is exempt for the purposes of

section 11 (2) and (2.1) [asset limits] if the minister is satisfied that the person intends to

establish a registered disability savings plan or trust, and

contribute some or all of the asset to the registered disability savings plan or trust.

The exemption under subsection (2) starts on the date the person receives the asset and ends 3 months after that date unless

the exemption period is extended to a later date under subsection (4), or

the exemption ceases to apply under subsection (5).

The minister may extend the exemption period to a specified date if the minister is satisfied that the person is making reasonable efforts to establish a registered disability savings plan or trust.

The exemption under subsection (2) ceases to apply if

the person contributes all of the asset to a registered disability savings plan or trust, in which case the exemption ceases to apply to the asset on the date of the contribution,

the person contributes a portion of the asset to a registered disability savings plan or trust, in which case the exemption ceases to apply to that portion on the date of the contribution, or

the minister becomes aware of information that, in the minister's opinion, indicates that

the person does not intend to contribute any portion of the asset to a registered disability savings plan or trust, in which case the exemption ceases to apply to the asset on the date specified by the minister, or

the person has contributed some of the asset to a registered disability savings plan or trust but does not intend to contribute any remaining portion of the asset to a registered disability savings plan or trust, in which case the exemption ceases to apply to the remaining portion on the date specified by the minister.

Amounts expended from an asset to which the exemption under subsection (2) applies are deemed to be money or value received from a trust within the meaning of paragraph (

l) of the definition of "unearned income" in

section 1 (1).

[en. B.C. Reg. 197/2012, Sch. 1, s. 12.]

Specific Circumstances of an Applicant or Recipient That Affect Eligibility

Effect of strike or lockout on eligibility

A family unit is not eligible for income assistance if an applicant is on strike or locked out.

Effect of being in prison or other lawful place of confinement

A person is not eligible for income assistance, hardship assistance or supplements, other than a supplement under Division 8 [Housing Stability Supplement] of

Part 5, while the person

is detained in a lawful place of confinement, such as a federal or provincial correctional institution, jail, lockup, prison or camp, or

is absent from a lawful place of confinement under a temporary absence program and is residing at a halfway house that is funded, sponsored or contracted for by the federal, or a provincial, government.

[am. B.C. Reg. 21/2023, App. 1, s. 2.]

Effect of family unit including full-time student

Subject to subsection (1.1), a family unit is not eligible for income assistance for the period described in subsection (2) if an applicant or a recipient is enrolled as a full-time student

in a funded program of studies, or

in an unfunded program of studies without the prior approval of the minister.

1.1

Subsection (1) (

a) does not apply to a family unit that includes a recipient who is enrolled in a funded program of studies with the prior approval of the minister under subsection (1.2) during the period described in subsection (2).

1.2

For the purposes of subsection (1.1), the minister may approve a person to enroll in a funded program of studies if the person

is a recipient of income assistance,

is required to enroll in the program of studies as a condition of an employability plan, and

was receiving income assistance, hardship assistance or disability assistance in each of the immediately preceding 3 calendar months, unless the minister is satisfied that exceptional circumstances exist.

The period referred to in subsection

(1) extends from the first day of the month following the month in which classes commence and continues until the last day of the month in which exams in the relevant program of studies are held, and

is not longer than 2 years.

[am. B.C. Regs. 284/2003; 145/2015, Sch. 1, s. 4; 194/2021, s. 2; 199/2024, App. 3, s. 2.]

Effect of recipient being absent from BC for more than 30 consecutive days

A recipient who is outside of British Columbia for more than 30 consecutive days ceases to be eligible for income assistance or hardship assistance unless the minister has given prior authorization for the continuance of income assistance or hardship assistance for the purpose of

permitting the recipient to participate in a formal education program,

permitting the recipient to obtain medical therapy prescribed by a medical practitioner, or

avoiding undue hardship.

[am. B.C. Reg. 98/2024, Sch. 3, s. 3.]

Repealed

Repealed. [B.C. Reg. 270/2019, App. 1, s. 3.]

Assignment of Maintenance Rights

Definitions for Division

In this Division:

assignor means a person who has made an assignment;

maintenance has the same meaning as in

section 1 (1) of the Family Maintenance Enforcement Act ;

maintenance agreement means a written agreement containing provisions respecting the payment of maintenance;

maintenance order has the same meaning as in

section 1 (1) of the Family Maintenance Enforcement Act ;

maintenance right means a right relating to the receipt of maintenance and includes the following:

the right to make an application under an enactment of British Columbia for a maintenance order;

the right to enter into a maintenance agreement;

the right to defend an application for variation of a maintenance order or maintenance agreement.

[am. B.C. Regs. 313/2006, s. 1; 363/2012, s. 2; 62/2015, Sch. 1, s. 1.]

Assignment of maintenance rights

An applicant or recipient who has or may have in the future a maintenance right for the applicant or recipient or for a dependant may, with the consent of the minister, assign the maintenance right to the minister.

An assignment under this

section is terminated if

Repealed. [B.C. Reg. 98/2024, Sch. 1, s. 3.]

the minister or the assignor delivers written notice to the other of the termination.

[en. B.C. Reg. 62/2015, Sch. 1, s. 2; am. B.C. Regs. 35/2020, App. 1, s. 3; 98/2024, Sch. 1, s. 3.]

Repealed

Repealed. [B.C. Reg. 62/2015, Sch. 1, s. 2.]

Notice of assignment

Before taking any steps to enforce maintenance rights assigned under this Division, the minister must give written notice of the assignment to the person against whom the minister intends to exercise the assigned maintenance rights.

A person to whom notice of assignment is given under subsection (1) must promptly serve the minister with a copy of any application made by the person to vary, rescind or suspend a maintenance order or to reduce or cancel arrears of payments under a maintenance order.

The minister's inability, after reasonable effort, to give notice under subsection (1) does not affect the validity of proceedings under this Division.

Notice under subsection (1) may be given by ordinary mail.

Repealed

23-25

Repealed. [B.C. Reg. 62/2015, Sch. 1, s. 2.]

Amount and Duration of Income Assistance

Effective date of eligibility

Except as provided in subsection (2), (2.01), (2.1), (3.01) or (3.1), a family unit is not eligible for income assistance or supplements in respect of a period that occurred before the date the minister determines the family unit is eligible for the income assistance or supplements, as applicable.

A family unit becomes eligible

for a support allowance under sections 2 and 3 of

Schedule A on the income assistance application date,

for a shelter allowance under sections 4 and 5 of

Schedule A on the first day of the calendar month that includes the income assistance application date, but only for that portion of that month's shelter costs that remains unpaid on the date of that submission, and

for income assistance under sections 6, 7 and 8 (2) (

b) of

Schedule A on the income assistance application date.

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (f).]

2.01

If the minister decides, on a request made under

section 17 (1) [reconsideration and appeal rights] of the Act, to provide a supplement, the family unit is eligible for the supplement from the earlier of

the date the minister makes the decision on the request made under

section 17 (1) of the Act, and

the applicable of the dates referred to in

section 80 (1) of this regulation.

2.1

If the tribunal rescinds a decision of the minister refusing a supplement, the family unit is eligible for the supplement on the earlier of the dates referred to in subsection (2.01).

If a family unit includes a person who qualifies as a person who has persistent multiple barriers to employment, the family unit becomes eligible to receive income assistance at the rate specified under

Schedule A for a family unit that matches that family unit on the first day of the month after the month in which the minister determines that the person qualifies as a person who has persistent multiple barriers to employment.

3.01

If the minister decides, on a request made under

section 17 (1) of the Act, that a person qualifies as a person who has persistent multiple barriers to employment, the person's family unit becomes eligible to receive income assistance at the rate specified under

Schedule A for a family unit that matches that family unit on the first day of the month after the month containing the earlier of

the date the minister makes the decision on the request made under

section 17 (1) of the Act, and

the applicable of the dates referred to in

section 80 (1) of this regulation.

3.1

If the tribunal rescinds a decision of the minister determining that a person does not qualify as a person who has persistent multiple barriers to employment, the person's family unit is eligible to receive income assistance at the rate specified under

Schedule A for a family unit that matches that family unit on the first day of the month after the month containing the earlier of the dates referred to in subsection (3.01).

If a family unit that includes a person who qualifies as a person who has persistent multiple barriers to employment does not receive income assistance at the applicable rate under

Schedule A from the date the family unit became eligible for it, the minister may backdate payment but only to whichever of the following results in the shorter payment period:

the date the family unit became eligible under subsection (3) or (3.1), as applicable, for the applicable rate;

12 calendar months before the date of payment.

Subject to subsection (6), a family unit is not eligible for any assistance in respect of a service provided or a cost incurred before the calendar month in which the assistance is requested.

Subsection (5) does not apply to assistance in respect of moving costs as defined in

section 57.

[am. B.C. Regs. 304/2005, s. 5; 400/2007, s. 4; 340/2008, s. 1; 48/2010, Sch. 1, s. 1 (f); 264/2013, s. 1; 151/2018, App. 1, s. 6; 122/2019, App. 1, s. 5; 85/2022, App. 1, s. 2; 21/2023, App. 1, s. 3; 98/2024, Sch. 1, s. 4.]

Repealed

Repealed. [B.C. Reg. 197/2012, Sch. 1, s. 13.]

Amount of income assistance

Income assistance may be provided to or for a family unit, for a calendar month, in an amount that is not more than the difference between

the amount determined under

Schedule A, and

the adjusted net income of the family unit determined under subsection (2).

The adjusted net income of a family unit for the purposes of subsection (1) (

b) is the following amount:

if the family unit includes a person who was a recipient in the previous calendar month, the greater of zero and the difference between

the net income of the family unit determined under

Schedule B, and

the total amount of recurring supplements that the family unit is eligible to receive;

in any other case, the net income of the family unit determined under

Schedule B.

[en. B.C. Reg. 199/2024, App. 1, s. 5.]

Other Factors That Affect Eligibility for Income Assistance or Hardship Assistance

Factors Related to Client Needs Assessments and Employability Plans

Consequences of failing to meet specified obligations

The following consequences are prescribed for the purposes of

section 13 (1) [consequences of not meeting specified obligations] of the Act for a family unit:

a reduction of $50, for each recipient in the family unit who is in a circumstance described in

section 13 (1) of the Act, in the amount of income assistance or hardship assistance, as applicable, that is provided to or for the family unit for a calendar month;

if a consequence under paragraph (

a) of this subsection is imposed for at least 6 consecutive calendar months in relation to the same recipient and circumstance, a declaration that the recipient is ineligible for assistance.

2)-(3

Repealed. [B.C. Reg. 199/2024, App. 3, s. 4 (a).]

Subsection (1) does not apply to a family unit of a recipient who is in any of the following categories:

Repealed. [B.C. Reg. 116/2003, Sch. 1, s. 2 (a).]

sole recipients who have at least one dependent child who

has not reached 3 years of age, or

has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment;

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

sole recipients who are providing care to a child in care who

has not reached 3 years of age, or

has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment;

persons who receive accommodation and care in a special care facility or private hospital;

recipients admitted to hospital because they require extended care;

persons who reside with and care for a spouse who has a physical or mental condition that, in the minister's opinion, precludes the person from leaving home for the purposes of employment;

recipients in a family unit that includes only recipients who are

Repealed. [B.C. Reg. 160/2004, s. 2.]

persons who are participating in a treatment or rehabilitation program approved by the minister, if their participation in that program, in the minister's opinion, interferes with their ability to search for, accept or continue in employment,

iii

persons who have separated from an abusive spouse or relative within the previous 6 months, if, in the minister's opinion, the abuse or the separation interferes with their ability to search for, accept or continue in employment,

persons not described in

section 7 (2) [citizenship requirements] ,

persons who have persistent multiple barriers to employment, or

persons who have reached 65 years of age;

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

sole recipients who are providing care under an agreement referred to in

section 8 [agreements with child's kin and others] of the Child, Family and Community Service Act for a child who

has not reached 3 years of age, or

has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment;

sole recipients who are providing care under an agreement referred to in

section 93 (1) (g) (ii) [other powers and duties of directors] of the Child, Family and Community Service Act for a child who

has not reached 3 years of age, or

has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment;

recipients who the minister is satisfied are homeless or at imminent risk of becoming homeless.

Subsection (1) (

b) does not apply to a family unit that includes

a dependent child, or

a recipient who is providing care to a supported child.

[am. B.C. Regs. 367/2002, Sch. 1; 116/2003, Sch. 1, s. 2; 331/2003, s. 2; 160/2004, s. 2; 304/2005, s. 4; 48/2010, Sch. 1, s. 1 (b); 145/2015, Sch. 1, s. 6; 151/2018, App. 1, s. 6; 199/2024, App. 3, s. 4.]

Repealed

Repealed. [B.C. Reg. 199/2024, App. 3, s. 5.]

Factors Related to Income and Assets

Effect of failing to pursue or accept income or assets or of disposing of assets

For the purposes of

section 14 (3) (a) [consequences of not accepting or disposing of property] of the Act in relation to a failure to accept or pursue income, assets or other means of support referred to in

section 14 (1) (

a) of the Act, the amount of a reduction is $100 for each calendar month for each applicant or recipient in the family unit and the period of the reduction is

if the income, assets or other means of support are still available, until the failure is remedied, and

if the income, assets or other means of support are no longer available, for one calendar month for each $2 000 of the value of the forgone income, assets or other means of support.

For a family unit that is declared ineligible under

section 14 (3) (

b) of the Act for income assistance or hardship assistance because an applicant or recipient in the family unit failed to accept or pursue income, assets or other means of support referred to in

section 14 (1) (

a) of the Act, the period of ineligibility is,

if the income, assets or other means of support are still available when the declaration is made, until the failure is remedied, and

if the income, assets or other means of support are no longer available when the declaration is made, one calendar month for each $2 000 of the value of the forgone income, assets or other means of support.

For the purposes of

section 14 (3) (

a) of the Act in relation to the family unit of an applicant or recipient who has disposed of real or personal property for consideration that, in the minister's opinion, is inadequate,

the amount of the reduction is $100 for each calendar month for each applicant or recipient in the family unit, and

the period of the reduction is one calendar month for each $2 000 of the value of the forgone consideration.

For the purposes of

section 14 (3) (

b) of the Act in relation to the family unit of an applicant or recipient who has disposed of real or personal property for consideration that, in the minister's opinion, is inadequate, the period of the ineligibility is one calendar month for each $2 000 of the value of the forgone consideration.

For the purposes of

section 14 (2) (

a) of the Act, the period of ineligibility is 2 calendar months for each $2 000 of the value of the real or personal property that was disposed of to reduce assets.

Retirement pension available before age 65

31.1

For the purposes of

section 14 (1) (

a) of the Act, the minister must not consider retirement pension payments available under the Canada Pension Plan or the Quebec Pension Plan (Quebec) to an applicant or recipient before the applicant or recipient reaches 65 years of age to be income, assets or other means of support that would, if accepted or pursued, enable the applicant or recipient to be completely or partly independent of income assistance, hardship assistance or supplements.

[en. B.C. Reg. 270/2019, App. 1, s. 4.]

Factors Related to Providing Information and Verification

Consequences of failing to provide information or verification when directed

0.1

For the purposes of

section 10 (4) (a) [information and verification] of the Act,

the amount by which the minister may reduce the income assistance or hardship assistance of the recipient's family unit is $25 for each calendar month, and

the period for which the minister may reduce the income assistance or hardship assistance of the recipient's family unit lasts until the recipient complies with the direction.

For the purposes of

section 10 (4) (b) [information and verification] of the Act, the period for which the minister may declare the family unit ineligible for assistance lasts until the applicant or recipient complies with the direction.

1.1

Section 10 (4) (

b) of the Act does not apply if the minister is satisfied that the family unit is homeless or at imminent risk of becoming homeless.

Repealed. [B.C. Reg. 199/2024, App. 3, s. 6.]

[am. B.C. Reg. 199/2024, App. 3, s. 6.]

Repealed

32.1

Repealed. [B.C. Reg. 199/2024, App. 3, s. 6.]

Reporting requirements

This

section sets out reporting requirements for the purposes of

section 11 [reporting requirements] of the Act.

Subject to subsection (3), a monthly report must be submitted to the minister in accordance with the following requirements:

the report must be submitted by the fifth day of each calendar month;

the report must be in a form specified by the minister;

the report must contain all of the following information:

whether the family unit requires further assistance;

changes in the family unit's assets;

iii

all income received by the family unit and the source of that income;

the employment and educational circumstances of recipients in the family unit;

changes in family unit membership or the marital status of a recipient;

any warrants described in

section 15.2 (1) of the Act.

If the family unit includes a qualifying person within the meaning of

section 66.1 of this regulation, subsection (2) of this

section does not apply and the following reporting requirements apply instead:

a report must be submitted by the fifth day of the calendar month following the calendar month in which one or more of the following occur:

a change described in paragraph (c) (

i) to (v);

a family unit receives earned income referred to in paragraph (c) (vi);

the report must be in a form specified by the minister;

the report must contain all of the following information:

changes in the family unit's assets;

changes in income received by the family unit and the source of that income;

iii

changes in the employment and educational circumstances of a recipient in the family unit;

changes in family unit membership or the marital status of a recipient;

changes in respect of warrants described in

section 15.2 (1) of the Act;

the amount of earned income received by the family unit in the calendar month and the source of that income.

If there is a change in a family unit's circumstances that is not disclosed in a report submitted under subsection (2) or (3), and if the change could affect the eligibility of the family unit to receive income assistance or hardship assistance, a report must be submitted by the fifth day of the calendar month following the calendar month in which the change occurs.

The accuracy of information provided in each report under this

section must be confirmed by a signed statement of each recipient in the family unit.

[en. B.C. Reg. 98/2024, Sch. 1, s. 5.]

Requirement for eligibility audit

For the purposes of auditing eligibility for assistance or ensuring a recipient's continuing compliance with the Act and the regulations, the minister may do either or both of the following:

require the recipient to attend in person on the date, and at the ministry office, specified by the minister;

require the recipient to complete a form specified by the minister for use under this

section and deliver the form to a ministry office specified by the minister.

A recipient who is required under subsection (1) (

b) to complete a form but who is not required to attend in person at a ministry office must deliver that form to the specified ministry office within 20 business days after being notified of the requirement to complete the form.

Delivery of the form under subsection (2) may be made by

leaving it with an employee in the ministry office, or

mailing it to that office.

The minister may declare a family unit to be ineligible for assistance if

a recipient in the family unit fails to attend in person at the ministry office when required to do so by the minister under subsection (1) (a), or

a recipient in the family unit fails to complete and deliver the form when required to do so by the minister under subsection (1) (b).

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

[am. B.C. Regs. 400/2007, s. 6; 48/2010, Sch. 1, s. 1 (b); 84/2012, Sch. 1, s. 2; 270/2019, App. 1, s. 7.]

Repealed

34.1

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

Repealed

35-38

Repealed. [B.C. Reg. 149/2015, Sch., s. 1.]

Outstanding Arrest Warrants

Consequences in relation to outstanding arrest warrants

38.1

Section 15.2 [consequences in relation to outstanding arrest warrants] of the Act does not apply to a family unit of an applicant or recipient for whom a warrant for arrest within the meaning of

section 15.2 of the Act has been issued and who

is pregnant,

is in the end stage of a terminal illness, or

is under 18 years of age.

[en. B.C. Reg. 73/2010, s. 1.]

Hardship Assistance

Hardship assistance — eligibility and limitations

For a family unit to be eligible for hardship assistance, the family unit

must be ineligible for income assistance for one or more reasons set out in sections 41 to 47.2, and

must not be ineligible for income assistance for any other reason.

A family unit that is eligible for hardship assistance must be provided with hardship assistance

in accordance with

Schedule D,

only for the calendar month that includes the income assistance application date, and

only from the date in that calendar month on which the minister determines that the family unit is eligible for hardship assistance, subject to

section 4 (2) of

Schedule D for hardship assistance provided under sections 41 to 46, and

section 4 (3) of

Schedule D for hardship assistance provided under

section 47.2.

A family unit to which hardship assistance has been provided for 3 consecutive calendar months because of the circumstances described in

section 41, 44 or 46, or

section 43, unless the source is employment insurance,

is not eligible for hardship assistance under any of those sections for the 3 consecutive calendar months immediately following those 3 consecutive calendar months of receipt.

3.1

Repealed. [B.C. Reg. 141/2023, Sch. 1, s. 2 (c).]

hardship assistance has been provided to a family unit under

section 47.2 for the calendar month referred to in subsection (2) (

c) of this section,

the family unit continues to be ineligible for income assistance because a member of the family unit has not satisfied the requirement under

section 4.1 (2) (

b) respecting the completion of searches for employment, and

the member of the family unit who has not satisfied that requirement is, if applicable, taking the steps to satisfy the requirement as directed by the minister,

hardship assistance may be provided under

section 47.2 for a further 2 consecutive calendar months following the initial calendar month for which the hardship assistance is provided.

[en. B.C. Reg. 161/2004, s. 1; am. B.C. Regs. 304/2005, s. 6; 102/2008, s. 1; 197/2012, Sch. 1, s. 14; 149/2015, Sch., s. 2; 151/2018, App. 1, s. 6; 159/2022, App. 1, s. 1; 246/2022, App. 1, s. 3; 141/2023, Sch. 1, s. 2.]

Rules about applications, payments, etc.

Subject to this Part, the following sections apply in respect of hardship assistance:

section 4 [application and applicant orientation requirements] ;

a.1

section 4.1 [application for income assistance — stage 1] ;

a.2

section 4.2 [application for income assistance — stage 2] ;

section 5 [applicant requirements] ;

section 7 [citizenship requirements] ;

c.1

section 7.1 [exemption from citizenship requirements] ;

section 8 [effect of applying for other sources of income] ;

section 9 [requirement to apply for CPP benefits] ;

section 10 [limits on income] ;

section 11 [asset limits] .

[am. B.C. Regs. 313/2007, s. 1 (b); 198/2012, Sch. 1, s. 5.]

Applicants who do not meet requirement for social insurance number or proof of identity

The minister may provide hardship assistance to a family unit that is not eligible for income assistance because of the failure to provide a social insurance number or proof of identity required under

section 4.1 (2) (a) (

i) or 4.2 (3) (

a) if

the minister considers that undue hardship will otherwise occur, and

the minister is satisfied that the applicant is making every effort to supply the social insurance number or proof of identity.

[am. B.C. Reg. 313/2007, s. 1 (c).]

Repealed

Repealed. [B.C. Reg. 69/2008, s. 1 (c).]

Applicants who fail to provide sponsorship information

42.1

The minister may provide hardship assistance to the family unit of an applicant described in

section 7 (1) (

a) or (b) [citizenship requirements] that is not eligible for income assistance because of the failure to provide the information and verifications required under

section 4.2 (3) (

c) for the minister to determine whether unearned income described in paragraph (

v) of the definition in

section 1 (1) of "unearned income" is available to the family unit, if

the minister considers that undue hardship will otherwise occur, and

the minister is satisfied that the applicant is making every effort to supply the information and verifications.

[en. B.C. Reg. 161/2004, s. 2; am. B.C. Reg. 313/2007, s. 1 (d).]

Applicants who have applied for income from another source

The minister may provide hardship assistance to a family unit that is not eligible for income assistance because an applicant has applied for income from another source if

the minister considers that undue hardship will otherwise occur, and

the applicant provides the type of security specified by the minister for the repayment of the hardship assistance.

Family units that have excess income

The minister may provide hardship assistance to a family unit that is not eligible for income assistance because the income of the family unit exceeds the limit under

section 10 [limits on income] if

the minister considers that undue hardship will otherwise occur,

the applicant provides the type of security specified by the minister for the repayment of the hardship assistance,

the family unit includes one or more dependent children, and

the income that causes the family unit to be ineligible for income assistance could not, in the minister's opinion, reasonably be expected to be used to meet the family unit's basic needs.

Applicant on strike or locked out

The minister may provide hardship assistance to a family unit that is not eligible for income assistance because an applicant is on strike or locked out if

the minister considers that undue hardship will otherwise occur,

the applicant provides the type of security specified by the minister for the repayment of the hardship assistance, and

the applicant satisfies the minister that the financial assistance that the applicant who is on strike or locked out is eligible for from the applicant's trade union, combined with the other resources of the family unit, is inadequate to meet the basic needs of the family unit.

[am. B.C. Reg. 35/2020, App. 1, s. 4.]

Family units that have excess assets

The minister may provide hardship assistance to a family unit that is not eligible for income assistance because the assets of the family unit exceed the applicable limit under

section 11 (2) and (2.1) [asset limits] if

the minister considers that undue hardship will otherwise occur,

the applicant provides the type of security specified by the minister for the repayment of the hardship assistance,

the applicant satisfies the minister that

the assets that caused the family unit to be ineligible are not immediately available to meet the family unit's basic needs, and

every effort has been made and continues to be made to sell the assets, and

the family unit

includes one or more dependent children, or

includes only persons who have reached 65 years of age or persons who have persistent multiple barriers to employment.

[am. B.C. Reg. 197/2012, Sch. 1, s. 15.]

Repealed

47-47.1

Repealed. [B.C. Reg. 149/2015, Sch., s. 3.]

Applicants who do not meet work search requirements

47.2

The minister may provide hardship assistance to a family unit that is ineligible for income assistance because a member of the family unit has not satisfied the requirement under

section 4.1 (2) (

b) respecting the completion of searches for employment, if

the applicants who submitted the application for income assistance (part 1) form also submit to the minister an application for income assistance (part 2) form that, subject to this section, complies with

section 4.2, and

the minister considers that

any person in the family unit has an immediate need for food or shelter or needs urgent medical attention, and

undue hardship will occur if the hardship assistance is not provided.

An applicant may submit an application for income assistance (part 2) form under subsection (1) (

a) for the purpose of applying for hardship assistance even though the requirements under

section 4.1 (2) (

b) respecting the completion of searches for employment have not been satisfied.

[en. B.C. Reg. 197/2012, Sch. 1, s. 16.]

Repealed

47.21

Repealed. [B.C. Reg. 141/2023, Sch. 1, s. 3.]

Hardship assistance not repayable

47.3

Hardship assistance provided to a family unit under

section 44 or 46 is not repayable if requiring the family unit to use the income or sell the assets, as applicable, that cause the family unit to be ineligible for income assistance would put a person in the family unit at risk of domestic violence.

If hardship assistance is provided to a family unit, the family unit is not required to repay the amount of the hardship assistance, if any, that is calculated in accordance with

section 5 (c.1) of

Schedule D as it pertains to

section 8 (2) (b) [people in special care] of

Schedule A.

[en. B.C. Reg. 270/2019, App. 1, s. 8; am. B.C. Reg. 21/2023, App. 1, s. 5.]

Supplements

0.1

Supplements — General

Recurring supplements — limits on income

47.4

The total amount of recurring supplements that may be provided to or for a family unit that includes a person who was a recipient in the previous calendar month may not exceed the difference between

the total amount of recurring supplements that the family unit is eligible to receive, and

the net income of the family unit.

For the purposes of subsection (1) (b), the net income of a family unit is the following:

if the family unit is eligible for income assistance, the net income of the family unit determined under

Schedule B;

if the family unit is eligible for hardship assistance, the net income of the family unit determined for the purposes of

section 2 (1) of

Schedule D.

[en. B.C. Reg. 199/2024, App. 1, s. 6.]

Supplements — Family Unit Eligible for Income Assistance

Supplement for purchase of co-op housing shares

To enable the family unit of a recipient of income assistance to obtain residential accommodation, the minister may provide a lump sum to or for the family unit for the purchase of membership shares in a cooperative association.

A lump sum may be paid under subsection (1) only if

the family unit has received income assistance or disability assistance for at least the 3 previous calendar months, and

the recipient agrees in writing to repay the lump sum.

The amount of the lump sum under subsection (1) is limited to the smaller of the following:

$850;

50% of the cost of the membership shares.

For the purposes of subsection (2),

disability assistance includes a disability allowance under the Disability Benefits Program Act as it read immediately before its repeal;

income assistance includes

income assistance under the BC Benefits (Income Assistance) Act as it read immediately before its repeal, and

a youth allowance under the BC Benefits (Youth Works) Act as it read immediately before its repeal.

[am. B.C. Reg. 270/2019, App. 1, s. 9.]

Repealed

48.1-49

Repealed. [B.C. Reg. 270/2019, App. 1, s. 10.]

Repealed

Repealed. [B.C. Reg. 196/2012, Sch. 1, s. 1.]

Repealed

Repealed. [B.C. Reg. 192/2006, s. 3.]

Repealed

Repealed. [B.C. Reg. 148/2011, s. (a).]

Repealed

53-54

Repealed. [B.C. Reg. 270/2019, App. 1, s. 10.]

Repealed

Repealed. [B.C. Reg. 122/2019, App. 1, s. 7.]

Supplements — Family Unit Eligible for Income Assistance or Hardship Assistance

Supplements related to employability plan

The minister may provide any of the following supplements to or for a family unit that is eligible for income assistance or hardship assistance to assist a recipient or a dependent youth in the family unit to participate, in accordance with an employability plan, in an employment-related program:

up to $100 for each calendar month to assist with transportation and attendance costs associated with participating in the employment-related program;

the costs of tuition, books and supplies required to participate in the employment-related program;

up to $200 for the cost of safety clothing required to participate in the employment-related program if the employment-related program is a workplace training or work experience program.

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance of up to $100 for each calendar month to assist a recipient or a dependent youth in the family unit to participate, in accordance with an employability plan, in a volunteer incentive program as preparation for employment.

Only 6 monthly payments may be made under subsection (2) to or for a family unit in respect of a recipient or dependent youth over any period of 36 consecutive calendar months, beginning with the calendar month for which the family unit first received the supplement on account of the recipient or dependent youth, unless the minister authorizes up to 6 more monthly payments.

[am. B.C. Reg. 199/2024, App. 3, s. 7.]

Confirmed job supplement

56.1

The minister may provide a supplement of up to a maximum of $1 000 to or for a family unit that is eligible for income assistance or hardship assistance if

a recipient in the family unit obtains confirmed employment that, in the opinion of the minister, will enable the family unit to become independent of income assistance or hardship assistance,

in the opinion of the minister, the recipient requires transportation, clothing, tools or other employment-related items in order to commence the employment, and

there are no resources available to the family unit to cover the cost.

[en. B.C. Reg. 312/2002, s. 1.]

Pre-natal shelter supplement

56.2

The minister may provide a pre-natal shelter supplement of up to $195 per month for the duration of the pregnancy if the supplement is provided to a sole recipient without dependants who is a recipient of

income assistance under

section 2 [monthly support allowance] , 4 [monthly shelter allowance] or 6 [people receiving room and board] of

Schedule A, or

hardship assistance under

section 2 [maximum amounts of hardship assistance] or 5 (c) [calculation of maximum amounts] of

Schedule D.

A sole recipient is eligible to receive the pre-natal shelter supplement while the sole recipient is pregnant, as confirmed in writing by a medical practitioner, nurse practitioner or midwife.

[en. B.C. Reg. 270/2019, App. 1, s. 11; am. B.C. Reg. 206/2020, s. 4.]

Winter supplement

56.3

The minister may provide an annual winter supplement to or for a family unit that is eligible for income assistance or hardship assistance.

The minister may specify

the amount to be provided as a winter supplement, which may be different for different categories of family units, and

the time when the supplement is to be provided.

[en. B.C. Reg. 270/2019, App. 1, s. 11; am. B.C. Reg. 161/2023, App. 1, s. 2.]

Clothing supplement for people in special care facilities

56.4

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance for the purchase of necessary clothing for a recipient in the family unit who resides in a special care facility, except an alcohol or drug treatment centre, if

clothing is not provided in the facility,

there are no funds available from the recipient's comforts allowance to purchase the clothing, and

there are no resources available to the recipient's family unit to pay for the clothing.

[en. B.C. Reg. 270/2019, App. 1, s. 11.]

Transportation to special care facilities supplement

56.5

Subject to subsection (2), the minister may provide a supplement to a recipient who is eligible for income assistance or hardship assistance for transportation to a special care facility that is an alcohol or drug treatment centre.

A supplement may be provided under this

section only

if the recipient receives the minister's approval before incurring the transportation costs,

if there are no resources available to the recipient's family unit to pay the transportation costs, and

for the least expensive appropriate mode of transportation.

[en. B.C. Reg. 270/2019, App. 1, s. 11.]

Reconsideration or appeal supplement

56.6

For the purposes of this section, a reconsideration or appeal is determined when

a decision of the minister or a decision of the tribunal has been made in the reconsideration or appeal, if the decision can be implemented without a further decision as to amount, or

if a decision of the tribunal requires a further decision of the minister as to amount, the decision of the minister as to amount has been made.

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance if a recipient in the family unit delivers a request for a reconsideration under

section 79 [how a request to reconsider a decision is made] or submits an appeal form under

section 84 [commencing an appeal] in respect of a decision that,

in the case of a family unit that is eligible for income assistance, resulted in a discontinuation or reduction of income assistance or a supplement, or

in the case of a family unit that is eligible for hardship assistance, resulted in a discontinuation or reduction of a supplement,

but only if the recipient agrees in writing to repay the amount of the supplement provided under this section.

A supplement under this

section may be provided for the shorter of

the period between the date that a request for reconsideration or an appeal form is delivered or submitted and the date that the reconsideration or appeal is determined, and

the period between the date that the income assistance or supplement was reduced or discontinued and the date that the reconsideration or appeal is determined.

A supplement under this

section is limited to the following amounts, as applicable:

if the request for a reconsideration or the appeal form is in respect of a decision that resulted in a discontinuation of income assistance or a supplement, the amount of the discontinued income assistance or supplement;

if the request for a reconsideration or the appeal form is in respect of a decision that resulted in a reduction of income assistance or a supplement, the amount by which the income assistance or supplement was reduced.

If the determination of a reconsideration or appeal that rescinded the decision being reconsidered or appealed did not require a further decision of the minister as to amount, the amount of a supplement provided under this

section is not repayable and must be considered to have been paid in place of

the discontinued income assistance or supplement, or

the amount by which the income assistance or supplement was reduced.

If the determination of a reconsideration or appeal that rescinded the decision being reconsidered or appealed required a further decision of the minister as to amount, the recipient must repay the difference between

the total amount paid to the recipient under this

section for the period under subsection (3), and

the total amount of any adjustment in favour of the recipient under the determination for the same period.

[en. B.C. Reg. 270/2019, App. 1, s. 11.]

Supplements for moving, transportation and living costs

In this section:

living cost means the cost of accommodation and meals;

moving cost means the cost of

moving a family unit and the family unit's personal effects from one place to another, and

storing the family unit's personal effects while the family unit is moving if the minister is satisfied that storing the personal effects is necessary to preserve the personal effects;

transportation cost means the cost of travelling from one place to another.

Subject to subsections (3), (4) and (5), the minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance to assist with one or more of the following:

moving costs required to move anywhere in Canada, if a recipient in the family unit is not working but has arranged confirmed employment that would significantly promote the financial independence of the family unit and the recipient is required to move to begin that employment;

moving costs required to move to another province or country, if the family unit is required to move to improve its living circumstances;

moving costs required to move anywhere in British Columbia because the family unit is being compelled to vacate the family unit's rented residential accommodation for any reason, including the following:

the accommodation is being sold;

the accommodation is being demolished;

iii

the accommodation has been condemned;

moving costs required to move anywhere in British Columbia if the family unit's shelter costs would be significantly reduced as a result of the move;

moving costs required to move anywhere in British Columbia to avoid an imminent threat to the physical safety of any person in the family unit;

transportation costs and living costs required to attend a hearing relating to a child protection proceeding under the Child, Family and Community Service Act , if a recipient is given notice of the hearing and is a party to the proceeding;

transportation costs, living costs, child care costs and fees resulting from

the required attendance of a recipient in the family unit at a hearing, or

other requirements a recipient in the family unit must fulfil

in connection with the exercise of a maintenance right assigned to the minister under

section 20 [assignment of maintenance rights] .

A family unit is eligible for a supplement under this

section only if

there are no resources available to the family unit to cover the costs for which the supplement may be provided, and

subject to subsection (3.1), a recipient in the family unit receives the minister's approval before incurring those costs.

3.1

A supplement may be provided even if the family unit did not receive the minister's approval before incurring the costs if the minister is satisfied that exceptional circumstances exist.

A supplement may be provided under this

section only to assist with

in the case of a supplement under subsection (2) (

a) to (e), the least expensive appropriate moving costs, and

in the case of a supplement under subsection (2) (

f) or (g), the least expensive appropriate transportation costs and the least expensive appropriate living costs.

The minister must not provide more than 2 supplements under subsection (2) (

a) to (

e) to or for a family unit within a period of 12 consecutive calendar months beginning on or after April 1, 2026.

[am. B.C. Regs. 275/2004, s. 1; 122/2019, s. 8; 21/2026, App. 1, s. 2.]

Supplement to pay a security deposit

In this section, "security deposit" means

a security deposit as defined in the Residential Tenancy Act , or

an amount required by the cooperative association to be paid by a recipient to the cooperative association for the same or a similar purpose as a security deposit under the Residential Tenancy Act .

Subject to this section, the minister may provide a security deposit to or for a family unit that is eligible for income assistance or hardship assistance if

the security deposit is necessary to enable the family unit to rent residential accommodation,

a recipient in the family unit agrees in writing to repay the amount paid under this section, and

the security deposit does not exceed 50% of one month's rent for the residential accommodation.

The minister may recover the amount of a security deposit provided under subsection (2) in accordance with

section 89 (2.1).

Repealed. [B.C. Reg. 270/2019, App. 1, s. 12 (d).]

For the purposes of subsection (3), security deposit includes a security deposit provided on or after April 1, 2002 under the

Income Assistance Regulation, B.C. Reg. 75/97,

Youth Works Regulation, B.C. Reg. 77/97, or

Disability Benefits Program Regulation, B.C. Reg. 79/97.

Repealed. [B.C. Reg. 270/2019, App. 1, s. 12 (d).]

The minister must not provide more than 2 security deposits to or for a family unit unless

both of the following apply:

every security deposit provided under subsection (2) before December 1, 2025 to or for the family unit has been recovered or repaid in full;

no more than one security deposit provided under subsection (2) on or after December 1, 2025 to or for the family unit remains unrecovered or unpaid,

the minister is satisfied that the family unit is changing or obtaining residential accommodation for any of the following reasons:

the family unit's current residential accommodation is uninhabitable or the applicable tenancy agreement is otherwise frustrated;

the family unit has been offered and intends to accept a subsidized rental unit or a supportive housing rental unit;

iii

to reunite a parent who is a member of the family unit and a child of the parent who has been in the care or custody, under the Child, Family and Community Service Act , of a person other than that parent;

to prevent a child who is a member of the family unit from being placed in the care or custody, under the Child, Family and Community Service Act , of a person other than a parent who is a member of the family unit;

the recipient is fleeing an abusive spouse or relative, or

both of the following apply:

the minister is satisfied that the family unit is obtaining residential accommodation because the family unit is experiencing homelessness;

the minister has not provided a security deposit under subsection (2), to or for the family unit, within the immediately preceding 6 calendar months.

[am. B.C. Regs. 518/2004, s. 6; 315/2008, s. (a); 270/2019, App. 1, s. 12; 86/2025, Sch. 1, s. 3; 197/2025, App. 3, s. 1; 21/2026, App. 1, s. 3.]

Supplement to pay a utility security deposit

58.1

In this section, utility security deposit means an amount required by a utility provider of electricity or natural gas services to secure payment for the provision of residential electricity or natural gas services to a family unit.

The minister may provide a utility security deposit to or for a family unit that is eligible for income assistance or hardship assistance, in an amount not to exceed the minimum amount required by a utility provider from a recipient, if

the utility security deposit is necessary to enable the family unit to obtain or continue to obtain the services of the utility, and

a recipient in the family unit agrees in writing to repay the amount paid under this section.

The minister may recover the amount of a security deposit provided under subsection (2) in accordance with

section 89 (2.1).

[en. B.C. Reg. 312/2006; am. B.C. Reg. 270/2019, App. 1, s. 13.]

Supplement to pay a pet damage deposit

58.2

In this section, "pet damage deposit" means

a pet damage deposit as defined in the Residential Tenancy Act , or

an amount required by the cooperative association to be paid by a recipient to the cooperative association for the same or a similar purpose as a pet damage deposit under the Residential Tenancy Act .

Subject to this section, the minister may provide a pet damage deposit to or for a family unit that is eligible for income assistance or hardship assistance if

the pet damage deposit is necessary to enable the family unit to rent residential accommodation,

a recipient in the family unit agrees in writing to repay the amount paid under this section, and

the pet damage deposit does not exceed 50% of one month's rent for the residential accommodation.

The minister may recover the amount of a pet damage deposit provided under subsection (2) in accordance with

section 89 (2.1).

The minister must not provide more than 2 pet damage deposits to or for a family unit unless

both of the following apply:

every pet damage deposit provided under subsection (2) before December 1, 2025 to or for the family unit has been recovered or repaid in full;

no more than one pet damage deposit provided under subsection (2) on or after December 1, 2025 to or for the family unit remains unrecovered or unpaid,

the minister is satisfied that the family unit is changing or obtaining residential accommodation for any of the following reasons:

the family unit's current residential accommodation is uninhabitable or the applicable tenancy agreement is otherwise frustrated;

the family unit has been offered and intends to accept a subsidized rental unit or a supportive housing rental unit;

iii

to reunite a parent who is a member of the family unit and a child of the parent who has been in the care or custody, under the Child, Family and Community Service Act , of a person other than that parent;

to prevent a child who is a member of the family unit from being placed in the care or custody, under the Child, Family and Community Service Act , of a person other than a parent who is a member of the family unit;

the recipient is fleeing an abusive spouse or relative, or

both of the following apply:

the minister is satisfied that the family unit is obtaining residential accommodation because the family unit is experiencing homelessness;

the minister has not provided a pet damage deposit under subsection (2), to or for the family unit, within the immediately preceding 6 calendar months.

[en. B.C. Reg. 270/2019, App. 1, s. 14; am. B.C. Regs. 197/2025, App. 3, s. 2; 21/2026, App. 1, s. 4.]

Crisis supplement

The minister may provide a crisis supplement to or for a family unit that is eligible for income assistance or hardship assistance if

the family unit or a person in the family unit requires the supplement to meet an unexpected expense or obtain an item unexpectedly needed and is unable to meet the expense or obtain the item because there are no resources available to the family unit, and

the minister considers that failure to meet the expense or obtain the item will result in imminent danger to the health of any person in the family unit.

A crisis supplement may be provided only for the calendar month in which the application or request for the supplement is made.

A crisis supplement may not be provided for the purpose of obtaining

a supplement described in

Schedule C, or

any other health care goods or services.

A crisis supplement provided for food, shelter or clothing is subject to the following limitations:

if for food, the maximum amount that may be provided in a calendar month is $50 for each person in the family unit;

if for shelter, the maximum amount that may be provided in a calendar month is the smaller of

the family unit's actual shelter cost, and

the sum of

the maximum set out in

section 2 of

Schedule A, the maximum set out in

section 4 of

Schedule A and any supplements provided under

section 56.2 [pre-natal shelter supplement] or Division 8 [Housing Stability Supplement] of

Part 5 of this regulation, or

the maximum set out in Table 1 of

Schedule D, the maximum set out in Table 2 of

Schedule D and any supplements provided under

section 56.2 or Division 8 of

Part 5 of this regulation,

as applicable, for a family unit that matches the family unit;

if for clothing, the maximum amount that may be provided in the 12 calendar month period preceding the date of application for the crisis supplement is $110 for each person in the family unit.

5)-(6

Repealed. [B.C. Reg. 248/2018, App. 1, s. 2.]

Despite subsection (4) (b), a crisis supplement may be provided to or for a family unit for the following:

fuel for heating;

fuel for cooking meals;

water;

hydro.

Subject to subsection (9), the minister must not provide more than one crisis supplement for shelter to or for a family unit within a period of 12 consecutive calendar months beginning on or after April 1, 2026.

The minister may provide more than one crisis supplement for shelter to or for a family unit if the minister is satisfied that the additional crisis supplement for shelter is needed for any of the following reasons:

the family unit's residential accommodation is uninhabitable, or the family unit's tenancy agreement is otherwise frustrated;

the family unit has been offered and intends to accept a subsidized rental unit or a supportive housing rental unit;

to reunite a parent who is a member of the family unit and a child of the parent who has been in the care or custody, under the Child, Family and Community Service Act , of a person other than that parent;

to prevent a child who is a member of the family unit from being placed in the care or custody, under the Child, Family and Community Service Act , of a person other than a parent who is a member of the family unit;

the recipient is fleeing an abusive spouse or relative;

the family unit is experiencing homelessness;

the family unit will become homeless.

[am. B.C. Regs. 12/2003; 248/2018, App. 1; 270/2019, App. 1, s. 15; 21/2023, App. 1, s. 6; 161/2023, App. 1, s. 3; 199/2024, App. 3, s. 8; 86/2025, Sch. 1, s. 4; 21/2026, App. 1, s. 5.]

Advance for lost or stolen family bonus cheque

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance as an advance for a lost or stolen family bonus cheque if

the minister is satisfied that an unendorsed child benefits cheque, the payee of which is a person in the family unit, has been lost or stolen,

the minister considers that the advance is immediately needed for basic needs of food, clothing or shelter,

the minister is satisfied that any steps necessary for replacing the cheque have been or will be taken, and

a recipient in the family unit does either or both of the following:

agrees in writing to repay the advance;

authorizes deduction of the amount of the advance from subsequent payments of assistance.

The amount that may be advanced under subsection (1) is all or part of the amount of the lost or stolen child benefits cheque that is attributed to family bonus.

Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

[am. B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

Advance for lost or stolen child benefits cheque — Canada child benefit

60.1

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance as an advance for a lost or stolen child benefits cheque for the Canada child benefit in respect of a dependent child or dependent children, as the case may be, if

the minister is satisfied that an unendorsed child benefits cheque for the Canada child benefit, the payee of which is a person in the family unit, has been lost or stolen,

the minister considers that the advance is immediately needed for basic needs of food, clothing or shelter,

the minister is satisfied that any steps necessary for replacing the cheque have been or will be taken, and

a recipient in the family unit does either or both of the following:

agrees in writing to repay the advance;

authorizes deduction of the amount of the advance from subsequent payments of assistance.

The amount that may be advanced under subsection (1) is the lesser of

the amount of the lost or stolen child benefits cheque that is attributed to the Canada child benefit, and

the BC child adjustment amount in respect of the dependent child or dependent children, as the case may be.

[en. B.C. Reg. 34/2017, App. 1, s. 3.]

Supplement for delayed, suspended or cancelled family bonus

In this section, maximum national child benefit supplement , in relation to a family unit, means the amount the family unit would receive for a calendar month as the national child benefit supplement if

the family unit were entitled to receive the national child benefit supplement for the calendar month, and

the income of the family unit, for the purposes of calculating the national child benefit supplement, were zero.

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance if

payment of the family bonus for a calendar month to a person in the family unit is delayed, suspended or cancelled under the Income Tax Act (Canada) or the Income Tax Act (British Columbia) for any reason other than that

the person refuses to apply for the family bonus,

the person refuses to provide information necessary to determine eligibility for the family bonus, or

iii

the person refuses to accept the family bonus, and

the minister considers that the supplement is immediately needed for basic needs of food, clothing or shelter.

The amount that may be provided for a calendar month as a supplement under subsection (2) is equal to

the maximum national child benefit supplement, minus

the family bonus, if any, received by the family unit for the preceding calendar month.

[en. B.C. Reg. 197/2012, Sch. 1, s. 17.]

Supplement for delayed, suspended or cancelled Canada child benefit

61.1

The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance if

payment of the Canada child benefit for a calendar month to a person in the family unit in respect of a dependent child or dependent children, as the case may be, is delayed, suspended or cancelled under the Income Tax Act (Canada) for any reason other than that

the person refuses to apply for the Canada child benefit,

the person refuses to provide information necessary to determine eligibility for the Canada child benefit, or

iii

the person refuses to accept the Canada child benefit, and

the minister considers that the supplement is immediately needed for basic needs of food, clothing or shelter.

The amount that may be provided for a calendar month as a supplement under subsection (1) is equal to

the BC child adjustment amount, minus

the Canada child benefit, if any,

received by the family unit in respect of the dependent child or dependent children, as the case may be, for the preceding calendar month.

If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section.

[en. B.C. Reg. 34/2017, App. 1, s. 3.]

Guide dog or service dog supplement

The minister may provide a supplement of $95 for each calendar month to or for a family unit that is eligible for income assistance or hardship assistance for the maintenance of a dog if the dog and a person in the family unit are a guide dog team, a service dog team or a retired guide or service dog team, as those terms are defined in

section 1 of the Guide Dog and Service Dog Act .

[en. B.C. Reg. 223/2015, App. 3, s. 1.]

School start-up supplement

62.1

The minister may provide an annual school start-up supplement to or for a family unit that is eligible for income assistance or hardship assistance if the family unit includes a person under 19 years of age who is attending school full time.

The minister may specify

the amount to be provided as a school start-up supplement, which may be different for persons of different age groups, and

the time when the supplement is to be provided.

[en. B.C. Reg. 196/2012, Sch. 1, s. 2; am. B.C. Reg. 161/2017, App. 1, s. 1.]

Repealed

Repealed. [B.C. Reg. 21/2005, s. (a).]

Supplement to obtain proof of identity

63.1

The minister may provide a supplement to or for a family unit that is eligible for income assistance or for hardship assistance to cover the cost of obtaining proof of the identity of a person in the family unit that

is required for the family unit to be eligible for income assistance, or

in the minister's opinion, is required for a person in the family unit, or the family unit, to access services in British Columbia or for a similar purpose in British Columbia.

[en. B.C. Reg. 122/2019, App. 1, s. 9.]

Supplements — Persons who Demonstrate Eligibility

Repealed

Repealed. [B.C. Reg. 108/2021, App. 1, s. 3.]

Burial or cremation supplements

In this section:

extraprovincial transportation , with respect to a person who dies in Canada but outside British Columbia, means transporting the deceased person's body within the province or territory in which death occurred for the purposes of providing a service described in paragraph (

b) or (

c) of the definition of "funeral costs";

funeral costs means the costs, as set out in or determined in accordance with

Schedule F, of the following items:

services that are

provided by a person who, under the Cremation, Interment and Funeral Services Act , is a licensed funeral provider or is exempt from being licensed to provide funeral services, and

listed in

section 2 (1) of

Schedule F, provided in the course of providing funeral services within the meaning of

paragraphs (

a) and (

b) of the definition of "funeral services" in

section 1 of the Cremation, Interment and Funeral Services Act , or

paragraph (

d) of that definition, to the extent that it relates to paragraph (

a) or (

b) of that definition;

intraprovincial transportation costs;

cremation or burial of a deceased person's body or remains, including the cost of a casket or urn;

interprovincial transportation me

Document details

CollectionBritish Columbia — Consolidated Statutes
CitationB.C. Reg. 55/2026
Typestatute
Volume / chapterstatreg 263 2002
Languageen
Formatxml
SourcePROVINCIAL
Identifier44699d051c7d6362e14bff1070d477f71bf01c1a

Source file is stored in the law ingest library (xml).