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1996 Legislative Session: 1st Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DENNIS STREIFEL

MINISTER OF SOCIAL SERVICES

BILL 15 - 1996

DISABILITY BENEFITS PROGRAM ACT

Contents

Section

Definitions

Disability allowances and benefits

Training and other programs

Information and verification

Consequences of not accepting or of disposing of property

Reconsiderations and appeals

Overpayments, repayments and assignments

No garnishment, attachment, execution or seizure

Delegation of minister's powers and duties

Agreements

Offence of supplying false or misleading information

Other provisions relating to offences

Power to make regulations

Forms

Transitional regulations

16-25

Consequential Amendments

Commencement

Preamble

WHEREAS British Columbians are committed to preserving a social safety net that is responsive to changing social and economic circumstances;

AND

WHEREAS people with disabilities will be treated with fairness, dignity and sensitivity to their diverse needs as individuals;

AND

WHEREAS disability benefits programs support the inclusion and integration of people with disabilities into the mainstream of the community and the enhancement of their quality of life;

AND

WHEREAS disability benefits programs encourage communication and joint problem solving among people with disabilities, their families, friends, advocates, ministry staff and service providers;

AND

WHEREAS disability benefits programs should be financially and administratively accountable, effective, efficient and well coordinated;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of British Columbia, enacts as follows:

Definitions

1 In this Act:

"benefit" means any form of assistance provided under this Act, other than a disability allowance, and includes

(

a) a health care benefit, and

(

b) any other form of assistance specified by regulation;

"disability allowance" means a support and shelter allowance provided under this Act;

"person with disabilities" means a person who at the time this

section comes into force was as a handicapped person under the Guaranteed Available Income for Need Act or a person

(

a) who is 18 years of age or older,

(

b) who, as a direct result of a severe mental or physical impairment,

(

i) requires extensive assistance or supervision in order to perform daily living tasks within a reasonable time, or

(ii) requires unusual and continuous monthly expenditures for transportation or for special diets or for other unusual but essential and continuous needs, and

(

c) who has confirmation from a medical practitioner that the impairment referred to in paragraph (

b) exists and

(

i) is likely to continue for at least 2 years, or

(ii) is likely to continue for at least one year and is likely to recur.

Disability allowances and benefits

2 Subject to the regulations, the minister may provide, to or for persons with disabilities and their dependants, either or both of the following:

(

a) disability allowances;

(

b) benefits.

Training and other programs

3 To promote the purposes of this Act, the minister may establish or fund training and other programs.

Information and verification

(1) For the purpose of determining or auditing eligibility for disability allowances or benefits, the minister may do one or more of the following:

(

a) direct a person who has applied for a disability allowance or benefit, or to or for whom a disability allowance or benefit is provided, to supply the minister with information within the time and in the manner specified by the minister;

(

b) seek verification of any information supplied by a person referred to in paragraph (a);

(

c) direct a person referred to in paragraph (

a) to supply verification of any information supplied by that person.

(2) A person to or for whom a disability allowance or benefit is provided must notify the minister, within the time and in the manner specified by regulation, of any change of circumstances affecting the eligibility, under this Act, of that person or a dependant.

(3) If a person fails to comply with a direction under subsection (1) (

a) or (

c) or with subsection (2), the minister may

(

a) declare that person and any dependants ineligible for a disability allowance or benefit until the person complies, or

(

b) reduce a disability allowance or benefit provided to or for the person or any dependant.

Consequences of not accepting

or of disposing of property

(1) The minister may take action under subsection (2) if, within one year before the date of application for a disability allowance or benefit or at any time while a disability allowance or benefit is being provided, a person with disabilities or their dependant has done any of the following:

(

a) failed to accept or pursue income, assets or other means of support that would, in the minister's opinion, enable that person to be completely or partly independent of the disability allowance or benefit;

(

b) disposed of property for consideration that, in the minister's opinion, is inadequate;

(

c) disposed of property to reduce assets.

(2) In the circumstances set out in subsection (1), the minister may do one or more of the following:

(

a) declare the person with disabilities and any dependant ineligible, for a period set by regulation, for a disability allowance or benefit;

(

b) reduce any disability allowance or benefit provided to or for the person with disabilities or a dependant.

(3) For the purposes of subsection (2), the minister may,

(

a) in determining the assets of a person who has, or whose dependant has, failed to accept or pursue an asset referred to in subsection (1) (

a) or disposed of property as described in subsection (1) (

b) or (c), include that asset or property as though it had been accepted, pursued or retained, and

(

b) in determining the income of a person who has, or whose dependant has, failed to accept or pursue income or other means of support referred to in subsection (1) (a), include that income or other means of support as though it had been accepted or pursued.

Reconsiderations and appeals

(1) A person may request the minister to reconsider a decision made under this Act or the regulations about

(

a) the refusal to provide a disability allowance or benefit to or for the person or a dependant, or

(

b) the discontinuance or reduction of a disability allowance or benefit provided to the person or a dependant.

(2) The request must be made, and the decision reconsidered, within the time limits and in accordance with any rules specified by regulation.

(3) If dissatisfied with the outcome, the person who made the request may appeal from the decision that was the outcome of the request to a tribunal appointed under the BC Benefits (Appeals) Act .

(4) The right of appeal given by subsection (3) is subject to the time limits and other requirements set out in the BC Benefits (Appeals) Act and the regulations under that Act.

Overpayments, repayments and

assignments

(1) If a disability allowance or benefit is provided to a person who is not entitled to it, that person is liable to repay to the government the amount of the allowance or the value of the benefit to which the person was not entitled.

(2) Subject to the regulations, the minister may enter into an agreement, or may accept any right assigned, for the repayment of a disability allowance or benefit.

(3) A repayment agreement may be entered into before or after a disability allowance or benefit is provided.

(4) An amount that a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is a debt due to the government and may

(

a) be recovered by it in a court of competent jurisdiction, or

(

b) be deducted by it from a subsequent disability allowance or benefit of that person or from an amount payable to that person by the government under a prescribed enactment.

(5) The minister's decision about the amount a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is not open to appeal under

section 6 (3).

No garnishment, attachment,

execution or seizure

(1) Disability allowances and benefits are exempt from garnishment, attachment, execution or seizure under any Act.

(2) Subsection (1) does not prevent a disability allowance or benefit being retained by way of a deduction or set-off under this Act, the Financial Administration Act or a prescribed Act.

Delegation of minister's powers

and duties

(1) Subject to the regulations, the minister may delegate to any person or class of persons any or all of the minister's powers, duties and functions under this Act or the regulations, except

(

a) the power to enter into an agreement under

section 10 (2), and

(

b) the power to prescribe forms.

(2) A delegation of the powers, duties or functions of the minister must be in writing and may include any limits or conditions the minister considers advisable.

Agreements

(1) Subject to subsection (2), the minister may enter into an agreement with any person or group of persons.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into any of the following:

(

b) a reciprocal agreement with the government of another province of Canada, or an agency of that government, relating to disability benefits;

(

c) an information-sharing agreement with

(ii) the government of a province or other jurisdiction in Canada or an agency of that government,

(iii) the government of a state of the United States or an agency of that government,

(iv) a public body as defined in the Freedom of Information and Protection of Privacy Act , or

(

v) a legal entity representing an aboriginal community.

(3) In this section, "information-sharing agreement" includes a data-matching or other agreement to exchange personal or other information necessary for the administration or enforcement of

(

a) this Act,

(

b) a prescribed enactment of British Columbia, or

(

c) a prescribed enactment of Canada, a province or other jurisdiction in Canada.

Offence of supplying false or

misleading information

(1) A person commits an offence who supplies, in an application under this Act or when directed or required under

section 4 (1) or (2) or the regulations, information that is false or misleading with respect to a material fact.

(2) A person does not commit an offence under subsection (1) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(3) A person who commits an offence under this

section is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months or to both.

(4) In addition, the court may order a person convicted of an offence under this

section to pay the government all or part of any amount that person received under this Act as a result of committing the offence.

Other provisions relating to

offences

(1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) The time limit for laying an information for an offence under this Act is 12 months after the facts on which the information is based first came to the minister's attention.

(3) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(

a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(

b) is proof of the certified facts unless there is evidence to the contrary.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) specifying other forms of assistance for the purposes of the definition of "benefit";

(

b) prescribing the items composing each category of benefits and the amount or cost for each item;

(

c) respecting applications for disability allowances and benefits and the information, authorizations and verifications that must be provided in support of those applications;

(

d) governing eligibility for disability allowances and benefits;

(

e) prescribing rules for determining the income or assets of persons who apply for disability allowances or benefits and persons to or for whom they are provided;

(

f) prescribing rules for determining the rate or amount of a disability allowance or benefit;

(

g) regulating the time and manner of providing disability allowances and benefits;

(

h) specifying conditions on which disability allowances and benefits may be provided, and the consequences of failing to comply with those conditions;

(

i) respecting the duty to notify the minister under

section 4 (2);

(

j) respecting the duties of persons who administer disability allowances and benefits received by them for persons with disabilities;

(

k) governing the conditions subject to which and the amount by which disability allowances and benefits may be reduced under

section 4 (3) or 5 (2);

(

l) setting the period for which a person may be declared ineligible, under

section 5 (2), for disability allowances and benefits;

(

m) prescribing additional circumstances in which the minister may declare a person ineligible for, or may reduce, disability allowances and benefits;

(

n) specifying time limits and other rules for the purpose of

section 6 (2);

(

o) respecting reinstatement of disability allowances and benefits pending reconsiderations and appeals;

(

p) prescribing, for the purpose of

section 7 (2), the circumstances in which repayment agreements may be entered into or assignments accepted, and the terms to be included in those agreements and assignments;

(

q) prescribing enactments for the purposes of sections 7 (4), 8 (2) and 10 (3);

(

s) respecting investigations and audits to ensure compliance with this Act and the regulations;

(

t) respecting the delegation of the powers, duties and functions of the minister;

(

u) defining any word or expression used in this Act or the regulations;

(

v) providing for the establishment, functions and duties of a Disability Benefits Advisory Council and for the payment of its members.

(3) In making regulations under this Act, the Lieutenant Governor in Council may do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different groups or categories of persons or different categories of disability allowances and benefits.

orms

14 The minister may do either or both of the following:

(

a) prescribe forms for use under this Act;

(

b) specify forms for use under this Act.

Transitional regulations

15 The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from the operation of the Guaranteed Available Income for Need Act to the operation of this Act.

Consequential Amendments

Home Owner Grant Act

Section 1 of the Home Owner Grant Act, S.B.C. 1980, c. 18, is

amended

(

a) by adding the following definition:

"person with disabilities" means a person who

(

a) comes within the meaning given by regulation to that expression, and

(

b) is eligible under the regulations for the purposes of the provision of this Act in which the expression is used; , and

(

b) by repealing paragraph (

a) of the definition of "relative" and substituting the following:

(

a) in sections 2 (2), 3 (3), 3.1 (3) and 3.2 (3), a child, grandchild, brother, sister, grandparent, parent or stepparent of the person with disabilities or a person who stands in the place of a parent to the person with disabilities, and .

Section 2 (2) (a.1) and (

b) is repealed and the following substituted:

(a.1) is a person with disabilities or is the spouse or a relative of a person with disabilities and the person with disabilities resides with the owner,

(

b) is in receipt of a disability allowance or benefit under the Disability Benefits Program Act , or .

Section 3 (3) (

b) and (

c) is repealed and the following substituted:

(

b) is a person with disabilities or is the spouse or a relative of a person with disabilities and the person with disabilities resides with the eligible occupant,

(

c) is in receipt of a disability allowance or benefit under the Disability Benefits Program Act , or .

Section 3.1 (3) (

b) and (

c) is repealed and the following substituted:

(

b) is a person with disabilities or is the spouse or a relative of a person with disabilities and the person with disabilities resides with the owner,

(

c) is in receipt of a disability allowance or benefit under the Disability Benefits Program Act , or .

Section 3.2 (3) (

b) and (

c) is repealed and the following substituted:

(

b) is a person with disabilities or is the spouse or a relative of a person with disabilities and the person with disabilities resides with the owner,

(

c) is in receipt of a disability allowance or benefit under the Disability Benefits Program Act , or .

Section 14 (2) (

d) is amended by striking out "eligibility

of handicapped persons" and substituting "eligibility of persons

with disabilities" .

Land Tax Deferment Act

Section 5 (1) (c) (iii) of the Land Tax Deferment Act, R.S.B.C.

1979, c. 218, is repealed and the following substituted:

(iii) in receipt of a disability allowance or benefit

under the Disability Benefits Program Act .

Motor Fuel Tax Act

Section 1 of the Motor Fuel Tax Act, S.B.C. 1985, c. 76, is amended

by repealing the definition of "handicapped person" and

substituting the following:

"person with disabilities" means a person who

(

a) is permanently dependent on a wheelchair,

(

b) is in receipt of a 100% disability pension through

active service in any war while a member of Her Majesty's forces,

(

c) receives, or would receive but for having reached

65 years of age, a disability allowance or benefit under the Disability Benefits

Program Act ,

(

d) has suffered loss of a limb,

(

e) has been certified by a medical practitioner as suffering

from a permanent impairment of locomotion to the extent that it would be hazardous

for the person to use public transportation,

(

f) has been certified by a medical practitioner as suffering

from a permanent sight impairment to the extent that the person would not be

eligible to hold a driver's licence under the Motor Vehicle Act,

(

g) has suffered the complete and permanent functional

loss of the lower limbs, or

(

h) before March 12, 1980 qualified under an enactment

to receive a rebate of fuel tax as a handicapped person; .

Section 18 (1) and (2) is amended by striking out "handicapped

person" and substituting "person with disabilities" .

Social Service Tax Act

Section 4 (1) (z.4) of the Social Service Tax Act, R.S.B.C.

1979, c. 388, is amended by striking out "handicapped persons;" and

substituting "persons with disabilities;" .

Commencement

26 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Explanatory Note

The purpose of this Bill is to provide for a range of benefits and supports

tailored to meet the unique needs of persons with disabilities.

The Disabilities Benefits Program is intended to support the inclusion and

integration of people with disabilities into their communities.

The Bill is based on the premise that British Columbians are committed to preserving

a social safety net which is responsive to changing social and economic circumstances.

Copyright

© 1996: Queen's Printer, Victoria, British Columbia, Canada