162/2002

O.C. 520/2002

June 27, 2002

June 30, 2002

Crime Victim Assistance Act

Crime Victim Assistance (Income Support and Vocational Services or Expenses

Benefits) Regulation

[includes amendments up to B.C. Reg. 362/2012, March 18, 2013]

162_2002_pit

Victim's Vocational Services and Income Support Benefits

Definitions

In this regulation:

Act means the Crime Victim

Assistance Act ;

dependent child means a person who is

under 19 years old,

between 19 and 23 years old and attending an educational institution on a

full-time basis, or

19 years old or more, but unable to live independently because of a mental or

physical disability;

eligible injury means an injury that has resulted from a

prescribed offence, and includes, in the case of a victim or immediate family member of

a victim, an injury that has resulted from an event that is described in

section 3 (1) (a)

(ii) of the Act;

eligible offence means an offence prescribed under the

Crime Victim Assistance (General) Regulation and includes, in the case of a victim or an

immediate family member of a victim, an event that is described in

section 3 (1) (a)

(ii) of the Act;

employability means the physical and mental capability of

being employed or self-employed;

employable means physically and mentally capable of being

employed or self-employed;

employed means working for wages, salary, profit, or

commission;

income support benefit means an amount calculated hourly

that is equal to the higher minimum hourly wage under the Employment Standards

Act at the time the benefit is awarded, up to a maximum of

40 hours a week;

lost earning capacity benefit means an amount calculated

hourly that is equal to the higher minimum hourly wage under the Employment Standards Act at the time the benefit is

awarded, up to a maximum of 40 hours a week.

Vocational services or expenses

The director may award to a victim a benefit in the category of benefits

described as vocational services or expenses in

section 4 (1) (

e) of the Act only if

the director is satisfied that

an eligible injury has resulted in the need for the benefit, and

the service or expense is reasonable and necessary to assist in improving the

victim's employability

to assist the victim in returning to employment with remuneration at the

level at which the victim was employed before the eligible injury, or

to improve the victim's earning capacity.

The vocational services or expenses category of benefit awarded by the director

may consist of one or more of the following benefits:

costs for or contributions to education, training and skill development

courses;

costs for or contributions to programs to improve the victim's existing skills

and qualifications or to develop new skills and qualifications;

costs for or contributions to programs to prepare the victim for or to find

employment.

The director must not award a vocational services or expenses benefit to the

following:

a victim who has retired;

an adult victim who was unemployable at the time of the eligible

injury.

Income support: short term loss of employability

The director may award to a victim a benefit in the category of benefits

described as income support in

section 4 (1) (

l) of the Act only if the director is

satisfied that an eligible injury has resulted in a mental or physical condition, or

both, leading to a victim's short term loss of employability

at the job or occupation the victim held at the time of that injury,

for as many hours at the job or occupation the victim held at the time of that

injury.

The director may award an income support benefit to a victim affected by a short

term loss of employability in an amount that equals the difference between the average

number of hours the victim was employed before the injury and the average number of

hours the victim is employable at the same job or occupation after the eligible injury,

up to a maximum of 40 hours a week, less the victim's income from other

sources.

Subject to subsections (4) and (5), a victim is eligible for a

benefit under subsection (2) from the date the victim first became affected by the short

term loss of employability, as determined by the director.

A victim who is a minor at the time of the eligible injury is not eligible for

an income support benefit for short term loss of employability, unless the minor victim

is living independently at the time of that injury.

A victim who is a minor who is not living independently at the time of the

eligible injury is eligible for an income support benefit for short term loss of

employability on becoming 19 years old, payable from that date, if the victim is still

affected by a short term loss of employability.

The director may require a victim who is employable, as a condition of the

victim receiving an income support benefit for short term loss of employability, to

participate in vocational services that are specified by the director.

Income support: long term loss of employability

The director may award to a victim an income support benefit in the category of

benefits described as income support in

section 4 (1) (

l) of the Act only if the director is

satisfied that

an eligible injury has resulted in a mental or physical condition, or both,

leading to a victim's long term loss of employability, and

the victim was employed at the time of that injury.

The director may award to a victim an income support benefit affected by a long

term loss of employability in an amount that equals the difference between 40 hours a

week and the average number of hours the victim is employable after the eligible injury,

up to a maximum of 40 hours a week, less the victim's income from other

sources.

Subject to subsections (4) and (5), a victim is eligible for a

benefit under subsection (2) from the date the victim first became affected by the long

term loss of employability, as determined by the director.

A victim who is a minor at the time of the eligible injury is not eligible for

an income support benefit for long term loss of employability, unless the minor victim

is living independently at the time of that injury.

A victim who is a minor who is not living independently at the time of the

eligible injury is eligible for an income support benefit for long term loss of

employability on becoming 19 years old, payable from that date, if the victim is still

affected by a long term loss of employability.

The director may require a victim who is employable, as a condition of the

victim receiving an income support benefit for long term loss of employability, to

participate in vocational services that are specified by the director.

Income support: transition

The director may award to a victim a benefit in the category of benefits

described as income support in

section 4 (1) (

l) of the Act for up to 3 months

following the expiry of a vocational services or expenses benefit, only if the director

is satisfied that

the benefit is reasonable and necessary, and

the victim is actively seeking to be employed.

The director may award a victim a benefit referred to in subsection

(1) only if the victim is not otherwise eligible for or receiving an income

support benefit for short term loss of employability, long term loss of employability or

a lost earning capacity benefit.

Lost earning capacity

The director may award to a victim a benefit in the category of benefits

described as lost earning capacity in

section 4 (1) (

m) of the Act only if the director is

satisfied that an eligible injury has resulted in a loss of employability and the

victim

was a minor or an adult victim who was employable but not employed at the time

of that injury, and

is, as a result of that injury,

unemployable, or

not employable for 40 hours a week.

The director may award a lost earning capacity benefit to a victim affected by a

loss of employability in an amount that equals the difference between 40 hours a week

and the average number of hours the victim is employable after the eligible injury, up

to a maximum of 40 hours a week, less the victim's income from other sources.

Subject to subsections (4) and (5), a victim is eligible for a

benefit under subsection (2) from the date the victim first became affected by the loss

of employability, as determined by the director.

The director must not award a lost earning capacity benefit to a victim who is a

minor at the time of the eligible injury, unless the minor victim was living

independently at the time of that injury.

A victim who is a minor who is not living independently at the time of the

eligible injury is eligible for a lost earning capacity benefit on becoming 19 years

old, payable from that date if the victim is still affected by a lost earning

capacity.

The director may require a victim who is employable, as a condition of the

victim receiving a lost capacity benefit, to participate in vocational services that are

specified by the director.

Immediate Family Member's Vocational Services and Income Support Benefits

Vocational services or expenses

If a victim has died as a result of an eligible offence, the director may award

to an immediate family member who is the spouse of the victim a benefit described as

vocational services or expenses in

section 4 (2) (

c) of the Act for up to 5 years only if

the director is satisfied that the service or expense is reasonable and necessary

prepare the spouse to be employed if he or she is not employed, or

improve the spouse's earning capacity to a level that is reasonable given the

spouse's skills, qualifications and abilities.

As a condition of the spouse receiving a vocational services or expenses benefit

under this section, the spouse must

be eligible for an income support benefit under

section 8, and

complete the vocational services within 5 years of the date of the victim's

death.

The vocational services or expenses category of benefit awarded by the director

may consist of one or more of the following benefits:

costs for or contributions to education, training and skill development

courses;

costs for or contributions to programs to improve the spouse's existing skills

and qualifications or to develop new skills and qualifications;

costs for or contributions to programs to prepare the spouse for or to find

employment.

Income support: spouse

If a victim has died as a result of an eligible offence, the director may award

a benefit described as income support in

section 4 (2) (

e) of the Act to an immediate family

member who is the spouse of the victim and who, at the time of the victim's

death

was married to the victim and was not separated from the victim for more than

one year before the date of the victim's death, or

was living and cohabiting with the victim in a marriage-like relationship for

a period of at least 2 years and was not separated from the victim for more than one

year prior to the date of the victim's death.

The director may award a benefit under subsection (1) of up to 75% of

the maximum amount of income support benefit for 5 years following the death of the

victim.

If a victim has died as a result of an eligible offence, the director may award

to an immediate family member who is the spouse of the victim and at the time of the

victim's death, was in receipt of spousal support under a court order or written

separation agreement a benefit described as income support in

section 4 (2) (

e) of the Act.

The director may award a benefit under subsection (3) for 5 years

following the death of the victim in an amount that is the lesser of

the actual maintenance, support or alimony that was required to be paid by the

victim under a court order or written separation agreement, and

35% of the maximum amount of income support benefit.

[am. B.C. Reg. 362/2012.]

Income support: child

If a victim has died as a result of an eligible offence, the director may award

to an immediate family member

who is a dependent child of the victim, and

who resided with the victim at the time of the victim's death

a benefit described as income support in

section 4 (2) (

e) of the Act of up

15% of the maximum amount of income support benefit for one dependent child of

the victim, and

10% of the maximum amount of income support benefit for each additional

dependent child of the victim.

If a victim has died as a result of an eligible offence, the director may award

to an immediate family member

who is a dependent child of the victim, and

who did not reside with the victim at the time of the victim's death but on

whose behalf the victim paid maintenance or support,

a benefit described as income support in

section 4 (2) (

e) of the Act that is

the lesser of

the actual maintenance or support paid by the victim on the dependent child's

behalf while the victim was alive, and

15% of the maximum amount of income support benefit.

Income support: immediate family member

If a victim has died as a result of an eligible offence, the director may award to

an immediate family member, other than a spouse or a child, who is financially dependent

on the victim, for up to 2 years from the date of the death of the victim, a benefit

described as income support in

section 4 (2) (

c) of the Act, in an amount that is the

lesser of

the actual financial support that was provided by the victim on the immediate

family member's behalf while the victim was alive, and

15% of the maximum amount of income support benefit.

[Provisions relevant to the enactment of this regulation: Crime

Victim Assistance Act , S.B.C. 2001, c. 38,

section

26]