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Volume 51, No. 23

B.C. Reg. 339/2008

The British Columbia Gazette,

Part II

December 2, 2008

B.C. Reg. 339/2008, deposited November 28, 2008, pursuant to the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [Section 26]. Order in Council 862/2008, approved and ordered November 27, 2008.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective December 2, 2008, the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix.

— R. COLEMAN, Minister of Housing and Social Development ; S. BOND, Presiding Member of the Executive Council.

Appendix

1 The Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by adding the following section:

Tube feed nutritional supplement

67.01

(1) In this section, "tube feed nutritional supplement" means a liquid nutritional product that is fed to a person via a tube to the stomach or intestines of the person and the pumps, tubes, bags and other medical equipment or supplies that are required to feed the nutritional product to the person.

(2) Subject to subsection (3), the minister may provide a tube feed nutritional supplement if the supplement is provided to or for a person in the family unit

(

a) who is a recipient of disability assistance under

section 2 [monthly support allowance] , 4 [monthly shelter allowance] , 6 [people receiving room and board] , 7 [people over 65 years of age] , 8 (3) [persons in special care facility] or 9 [people in emergency shelters and transition houses] of

Schedule A,

(

b) who is a dependent child of a recipient referred to in paragraph (a),

(

c) who is eligible to receive a health supplement under

(i)

section 62 (1) (

b) and was receiving a tube feed nutritional supplement on the date the person ceased to be eligible for disability assistance,

(ii)

section 62 (1) (

c) as a person who was a recipient of disability assistance on the day he or she became 65 years of age and was receiving a tube feed nutritional supplement on that day,

(iii)

section 62 (1) (

c) as a dependant of a person who was a recipient of disability assistance on the day that person became 65 years of age and was receiving a tube feed nutritional supplement on that day,

(iv)

section 62 (1) (

d) as a dependant of a person referred to in

section 62 (1) (

b) or (

f) and was receiving a tube feed nutritional supplement on the date the person referred to in paragraph 62 (1) (

b) or (f), as the case may be, ceased to be eligible for disability assistance, or

(v)

section 62 (1) (

f) and was receiving a tube feed nutritional supplement on the date the family unit ceased to be eligible for disability assistance, or

(

d) another member of which is receiving assistance under

section 8 (2) of

Schedule A.

(3) The minister may provide a tube feed nutritional supplement under this

section if

(

a) a medical practitioner, nurse practitioner or registrant of the College of Dieticians of British Columbia established under the Health Professions Act confirms in writing that the person's primary source of nutrition is through tube feeding,

(

b) the person is not receiving a supplement under

section 66 [diet supplement] or 67 [nutritional supplement] or a diet, nutritional or tube feed nutritional supplement under

section 2 (3) of

Schedule C, and

(

c) there are no resources available to the person to pay for the tube feed nutritional supplement.

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