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Volume 45, No. 18

B.C. Reg. 265/2002

The British Columbia Gazette,

Part II

October 8, 2002

B.C. Reg. 265/2002, deposited September 27, 2002, pursuant to the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [Sections 2, 12 (3), 16 (5), 26, 27, 28, 30 and 49]. Order in

Council 874/2002, approved and ordered September 26, 2002.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective September 30, 2002,

(

a) the Employment and Assistance for Persons with Disabilities

Act , S.B.C. 2002, c. 41, is brought into force by this regulation,

(

b) the Disability Benefits Program Regulation, B.C. Reg. 79/97, is repealed, and

(

c) the Employment and Assistance for Persons with Disabilities Regulation, attached, is made. — M. COELL, Minister of Human Resources; G. CAMPBELL, Presiding Member of the Executive Council.

EMPLOYMENT AND ASSISTANCE FOR

PERSONS WITH DISABILITIES REGULATION

Contents

Part 1 —

Interpretation

Definitions

Daily living activities

Part 2 — Eligibility for Disability Assistance

Division 1 — Applications and Applicant Requirements

Pre-application requirements

Application and applicant orientation requirements

Applicant requirements

Citizenship requirements

Division 2 — Income and Asset Restrictions

Effect of applicant applying for other sources of income

Requirement to apply for CPP benefits

Limits on income

Asset limits

Asset development accounts

Assets held in trust for person with disabilities

Division 3 — Specific Circumstances of an Applicant or Recipient that Affect Eligibility

Effect of strike or lockout on eligibility

Effect of being in prison or other lawful place of confinement

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

Division 4 — Assignment of Maintenance Rights

Definitions for Division

Categories of persons who must assign maintenance rights

Categories of maintenance rights

Notice of assignment

How long an assignment is in effect

Terms to be included in the assignment

Failure to comply with terms of assignment

Division 5 — Amount and Duration of Disability Assistance

Effective date of eligibility

Amount of disability assistance

Part 3 — Other Factors that Affect Eligibility for Disability Assistance or Hardship Assistance

Division 1 — Factors Related to Employment and Employment Plans

Consequences of failing to meet employment-related obligations

Consequences if dependent youth fails to enter into or comply with employment plan

Division 2 — Factors Related to Income and Assets

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

Division 3 — Factors Related to Providing Information and Verification

Consequences of failing to provide information or verification when directed

Reporting requirement

Requirement for eligibility audit

Division 4 — Effect on Eligibility of Convictions or Admissions

Criminal Code convictions

Convictions under the Act or the Employment and Assistance Act

Declaration under

section 14 (3) of the Act respecting acknowledgement or judgment

Consequences for conviction, acknowledgment, etc. under a former Act

Part 4 — Hardship Assistance

Hardship assistance is for one calendar month only

Rules about applications, payments, etc.

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

Applicants who do not meet citizenship requirements

Family units that have excess income

Applicant on strike or locked out

Family units that have excess assets

Family units ineligible or declared ineligible under

section 34 [ consequences for conviction, acknowledgment, etc. under a former Act ]

Part 5 — Supplements

Division 1 — Supplements —Family Unit Eligible for Disability Assistance

Supplement for purchase of co-op housing shares

Christmas supplement

School start-up supplement

Travel supplement

Community volunteer supplement

Monthly incentive supplement

Training initiative supplement

Clothing supplement for people in special care facilities

Bus pass supplement

Reconsideration or appeal supplement

Division 2— Supplements — Family Unit Eligible for Hardship Assistance

Supplement to obtain proof of identity

Division 3 — Supplements — Family Unit Eligible for Disability Assistance or Hardship Assistance

Supplements related to employment plan

Supplements for moving, transportation and living costs

Supplement to pay a security deposit

Crisis supplement

Advance for lost or stolen family bonus cheque

Advance for delayed or suspended family bonus

Guide animal supplement

Canada Pension Plan adjustment supplement

Division 4— Health Supplements

General health supplements

Dental supplements

Emergency dental and denture supplements

Orthodontic supplement

Diet supplements

Nutritional supplement

Natal supplement

Health supplement for persons facing life threatening health need

Supplement for alcohol or drug treatment

Part 6— Reconsiderations and Appeals

How a request to reconsider a decision is made

Time limit for reconsidering decision

Decisions that May not be appealed

Part 7— General and Transitional Provisions

Deductions for debts owed

Prescribed enactments for purposes of sections 19 (1) (

b) and 20 (2) [ no garnishment, attachment, execution or seizure ] of the Act

How assistance is provided

Replacement of lost or stolen assistance cheque

Transition in respect of the change to asset limits

Transition in respect of repealed provisions

Transitional benefit to attend mental health activity centre

Schedule A— Disability Assistance Rates

Schedule B — Net Income Calculation

Schedule C — Health Supplements

Schedule D — Hardship Assistance

Part 1 —

Interpretation

Definitions

(1) In this regulation:

"Act" means the Employment and Assistance for Persons with Disabilities

Act ;

"application for disability assistance" means an application for disability assistance in the form prescribed by the minister;

"asset" means

(

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

(

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

(

c) cash assets;

"assistance" means disability 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 earned income benefit" means an amount calculated for the purposes of

section 10 (3) (

b) of the

Income Tax Act ;

"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);

"cash assets" in relation to a person, means

(

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

(

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

(

i) a savings institution, or

(ii) a third party

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

(

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

(

d) 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:

(

a) the BC basic family bonus;

(

b) the BC earned income benefit;

(

c) the basic child tax benefit;

(

d) the national child benefit supplement;

"child in the home of a relative" has the same meaning as in the Employment and Assistance Regulation;

"earned income" means

(

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

(

b) tax refunds,

(

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

(

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

(

e) 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 8 of the Act:

(

a) employment search;

(

b) training;

(

c) job placement;

(

d) self-employment;

(

e) volunteer;

"enquiry form" means the enquiry form prescribed by the minister;

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

"income assistance" has the same meaning as in the

Employment and Assistance Act ;

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

section 25 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 1/12 [(A-B) + C] calculated under

section 122.61 of the

Income Tax Act (Canada);

"private hospital" means a private hospital licensed under the

Hospital Act ;

"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 specialized adult residential care setting approved by the minister under subsection (3) or any of the following for which a licence or interim permit has been issued under the

Community Care Facility Act :

(

a) a boarding home;

(

b) an alcohol or drug treatment centre;

(

c) a personal care facility or intermediate care facility;

"student financial assistance" means funding provided to students under the

Canada Student Financial Assistance Act (Canada);

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

(

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

(

b) cooperative corporations as defined in the Real Estate

Act ;

(

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

(

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

(

e) superannuation benefits;

(

f) any type or class of Canada Pension Plan benefits;

(

g) employment insurance;

(

h) union or lodge benefits;

(

i) financial assistance provided under the Employment and Assistance Act or provided by another province or jurisdiction;

(

j) workers' compensation benefits and disability payments or pensions;

(

k) widows' or orphans' allowances;

(

l) a trust or inheritance;

(

m) rental of tools, vehicles or equipment;

(

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

(

o) interest earned on a mortgage or agreement for sale;

(

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

(

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

(

r) a lottery or a game of chance;

(

s) awards of compensation under the Criminal Injury Compensation Act or the

Crime Victim Assistance Act , other than an award paid as compensation for a destroyed asset;

(

t) any other financial awards or compensation;

(

u) Federal Old Age Security and Guaranteed Income Supplement payments;

(

v) 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).

(2) For the purposes of the Act and this regulation, if a child resides with each parent for 50% of each month under

(

a) an order of a court in British Columbia,

(

b) an order that is recognized by and deemed to be an order of a court in British Columbia, or

(

c) an agreement filed in a court in British Columbia,

the child is a dependent child of the parent who is designated in writing by both parents.

(3) 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 or permit under the

Community Care Facility Act is not required.

Daily living activities

2 For the purposes of the Act and this regulation, "daily living activities" ,

(

a) in relation to a person who has a severe physical impairment or a severe mental impairment, means the following activities:

(

i) prepare own meals;

(ii) manage personal finances;

(iii) shop for personal needs;

(iv) use public or personal transportation facilities;

(

v) perform housework to maintain the person's place of residence in acceptable sanitary condition;

(vi) move about indoors and outdoors;

(vii) perform personal hygiene and self care;

(viii) manage personal medication, and

(

b) in relation to a person who has a severe mental impairment, includes the following activities:

(

i) make decisions about personal activities, care or finances;

(ii) relate to, communicate or interact with others effectively.

Part 2 — Eligibility for Disability Assistance

Division 1 — Applications and Applicant Requirements

Pre-application requirements

(1) To be eligible to apply for disability assistance, a person must satisfy the following conditions:

(

a) complete a search for employment as directed by the minister for the 3 week period immediately following the date the person completed an enquiry

form;

(

b) provide information about and verification of the search for employment in the form specified by the minister for that purpose.

(2) If the minister is satisfied that compliance with subsection (1) would cause undue hardship to a person or a person's dependants, the minister May exempt the person from satisfying the conditions under subsection (1).

Application and applicant orientation requirements

(1) For a family unit to be eligible for disability assistance, the applicants in the family unit must complete an application for disability assistance and supply the minister with the following information:

(

a) the social insurance number of each applicant in the family unit except a person who is not described in

section 6 (2)

[ citizenship requirements ];

(

b) proof of the identity of each person in the family unit and of their eligibility under the Act;

(

c) proof that each applicant in the family unit has completed an applicant orientation program within the 60 day period immediately prior to the date of application for disability assistance;

(

d) the information, authorizations and verifications specified by the minister as required in the application for disability assistance.

(2) For the purposes of subsection (1) (c), "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, without limitation, information about any of the following:

(

a) rules about eligibility for disability assistance or supplements;

(

b) the process of applying for disability assistance;

(

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

(

d) mutual obligations of the minister and applicants and recipients;

(

e) employment plans;

(

f) the minister's authority to collect and verify information;

(

g) the availability of alternate resources, including federal programs and other Provincial programs.

(3) Subsection (1) (

c) does not apply in respect of a person in a family unit who

(

a) has reached 65 years of age,

(

b) is not described in

section 6 (2) [ citizenship

requirements ], or

(

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

Applicant requirements

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

(

a) the family unit does not include an adult, or

(

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

Citizenship requirements

(1) For a family unit to be eligible for disability assistance at least one applicant or recipient in the family unit must be

(

a) a Canadian citizen;

(

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

(

c) determined under the Immigration and Refugee Protection Act (Canada) or the

Immigration Act (Canada) to be a Convention refugee.

(2) If a family unit satisfies the requirement under subsection (1), disability assistance and supplements May be provided to or for the family unit on account of each person in the family unit who is

(

a) a Canadian citizen,

(

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

(

c) determined under the Immigration and Refugee Protection Act (Canada) or the

Immigration Act (Canada) to be a Convention refugee,

(

d) 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),

(

e) in the process of having his or her claim for refugee status determined under the

Immigration and Refugee Protection Act (Canada),

(

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

(

g) a dependent child.

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

(

a) 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

(

b) the family unit is not eligible for any disability assistance under

Schedule A, hardship assistance under

Schedule D or supplements under

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

Division 2 — Income and Asset Restrictions

Effect of applicant applying for other sources of income

(1) In this section, "income" does not include

(

a) earned income described in paragraphs (a), (

d) or (

e) of the definition in

section 1, or

(

b) income exempt under

section 1 of

Schedule B.

(2) A family unit is not eligible for disability assistance if an applicant in the family unit has applied for income from another source unless

(

a) the applicant enters into a repayment agreement with the minister,

(

b) if the source of the other income is federal employment insurance under the

Employment Insurance Act (Canada), the applicant, in addition to the requirement under paragraph (a), satisfies the minister that a direction has been completed in accordance with subsection (3), and

(

c) if the source of the other income is a benefit under the

Canada Pension Plan (Canada), the applicant, in addition to the requirement under paragraph (a), satisfies the minister that the applicant has made a Consent to Deduction and Payment form under the

Canada Pension Plan (Canada) directing that

(

i) an amount up to the amount of disability assistance provided to or for the family unit under this

section be deducted from the amount of the Canada Pension Plan benefit, and

(ii) the amount deducted be paid to the minister.

(3) A direction referred to in subsection (2) (

b) must be completed under the

Employment Insurance Act (Canada) by the applicant who applies for the federal employment insurance and must direct that

(

a) an amount equal to the amount of disability assistance provided to or for the family unit under this

section be deducted from the employment insurance, and

(

b) the amount deducted be paid to the minister.

Requirement to apply for CPP benefits

8 If a family unit includes a recipient who becomes eligible for a benefit under the

Canada Pension Plan (Canada), for the family unit to continue to be eligible for disability assistance, the recipient, when requested by the minister, must complete a Consent to Deduction and Payment under the

Canada Pension Plan (Canada) directing that

(

a) an amount up to the amount of disability assistance provided to or for the family unit since the recipient became eligible for the Canada Pension Plan benefit be deducted from the amount of that benefit, and

(

b) the amount deducted be paid to the minister.

Limits on income

(1) 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.

(2) A family unit is not eligible for disability assistance if the net income of the family unit determined under

Schedule B equals or exceeds the amount of disability assistance determined under

Schedule A for a family unit matching that family unit.

Asset limits

(1) The following assets are exempt for the purposes of subsection (2):

(

a) clothing and necessary household equipment;

(

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

(

c) a family unit's place of residence;

(

d) 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

(

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

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

(

e) a child tax benefit under the Income Tax Act (Canada);

(

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

(

g) a sales tax credit under the Income Tax Act (British Columbia);

(

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

(

i) business tools;

(

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

(

k) basic breeding-stock held by a farmer at the date of application for disability assistance, and female stock held for stock replacement;

(

l) essential equipment and supplies for farming and commercial fishing;

(

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

(

n) prepaid funeral costs;

(

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

(

s) money from a lump sum settlement paid by the government of British Columbia to persons awarded compensation by an adjudicative panel in respect of claims of abuse at Jericho Hill School for the Deaf;

(

t) 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;

(

v) money paid to a person in settlement of a claim of abuse at an Indian residential school, except money paid as income replacement in the settlement;

(

w) post adoption assistance payments provided under

section 28 (1) or 30.1 of the Adoption Regulation, B.C. Reg. 291/96;

(

x) if a recipient is participating in a self-employment program, for the period referred to in

section 4 (2) (b) (

i) of

Schedule B,

(

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

section 4 of

Schedule B,

(ii) other assets used by the recipient in the operation of the small business under the self-employment program;

(

y) assets exempted under

section 11 (2) [ asset development

accounts ] or 12 (2) [ assets held in trust for person with disabilities ].

(2) A family unit is not eligible for disability assistance if any of the following apply:

(

a) a sole applicant or recipient has no dependent children and has assets with a total value of more than $3 000;

(

b) an applicant or recipient has one or more dependants and the family unit has assets with a total value of more than $5 000.

(3) The minister May authorize one or more of the following:

(

a) that the total cash surrender value of an uncashed life insurance policy of an applicant or recipient is not to be included as an asset of the family unit for the purposes of subsection (2) for the period specified by the minister;

(

b) 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.

Asset development accounts

(1) In this section,

"asset development account" means a savings institution account that is

(

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

(

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

(

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

(ii) 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

(

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

(

b) approved by the minister for the purposes of this regulation.

(2) 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 10 (2)

[ asset limits ].

(3) 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.

Assets held in trust for person with disabilities

(1) In this section, "disability-related cost" means the cost of providing to a person with disabilities or a person receiving accommodation or care in a private hospital or a special care facility, other than a drug or alcohol treatment centre,

(

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

(

b) caregiver services or other services related to the person's disability,

(

c) education or training,

(

d) any other item or service the minister considers necessary to promote the person's independence, and

(

e) if a person with disabilities does not reside in a special care facility, a private hospital or an extended care unit in a hospital,

(

i) renovations to the person's place of residence necessary to accommodate the needs resulting from the person's disability, and

(ii) necessary maintenance for that place of residence.

(2) If a person referred to in subsection (1) complies with subsection (4), up to $100 000, 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:

(

a) 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

(

b) any capital subsequently contributed to a trust referred to in paragraph (a),

is exempt for the purposes of

section 10 (2) [ asset

limits ].

(3) 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 $100 000, the minister May authorize a higher limit for the person for the purposes of subsection (2).

(4) 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:

(

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

(

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

(

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

a) or (b);

(

d) 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.

(5) For the purposes of this section, the real or personal property of a "patient", as defined in the

Patients Property Act , who is a person with disabilities is to be treated as if the real or personal property were held in trust for the patient by the patient's committee.

Division 3 — Specific Circumstances of an Applicant or Recipient

that Affect Eligibility

Effect of strike or lockout on eligibility

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

Effect of being in prison or other lawful place of confinement

14 A person is not eligible for disability assistance or supplements while the person

(

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

(

b) 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.

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

15 The family unit of a recipient who is outside of British Columbia for more than a total of 30 days in a year ceases to be eligible for disability assistance or hardship assistance unless the minister has given prior authorization for the continuance of disability assistance or hardship assistance for the purpose of

(

a) permitting the recipient to participate in a formal education program,

(

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

(

c) avoiding undue hardship.

Division 4 — Assignment of Maintenance Rights

Definitions for Division

16 In this Division:

"assignment" means an assignment of maintenance rights to the minister;

"assignor" means a person who has made an assignment;

"debtor" has the same meaning as in

section 1 (1) of the

Family Maintenance Enforcement Act ;

"director of maintenance enforcement" has the same meaning as "director" in

section 1 (1) of the

Family Maintenance Enforcement Act ;

"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 rights" means any of the maintenance rights set out in

section 18

[ categories of maintenance rights ];

"spouse" includes a former spouse.

Categories of persons who must assign maintenance rights

(1) For a family unit to be eligible for disability assistance or hardship assistance, an applicant or recipient in the family unit who is in any of the following categories and who has for himself or herself or for a dependant a maintenance right described in

section 18

[ categories of maintenance rights ] must disclose and assign, in the form specified by the minister, that maintenance right to the minister:

(

a) a spouse;

(

b) a spouse who has a dependent child or dependent children from a former relationship;

(

c) a person who has never been a spouse and has a dependent child or dependent children;

(

d) a person under 19 years of age who is not residing with his or her parents.

(2) The requirement to assign maintenance rights does not apply to any person in a family unit who is not in a category described in

section 6 (2) (

a) to (f)

[ citizenship requirements ].

Categories of maintenance rights

18 The following categories of maintenance rights must be assigned to the minister:

(

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

(

b) the right to enter into a maintenance agreement;

(

c) the right to make or defend an application for variation of a maintenance agreement or maintenance order;

(

d) the right to receive payment under

(

i) a maintenance agreement or maintenance order, or

(ii) a maintenance order made under the Divorce Act (Canada) or otherwise;

(

e) the right to enforce a maintenance agreement or maintenance order;

(

f) the right to file a maintenance agreement with a court in British Columbia;

(

g) the right to file an extra-provincial maintenance order with a court in British Columbia;

(

h) the right to file or withdraw a maintenance order under the

Family Maintenance Enforcement Act ;

(

i) the right to make payment arrangements with the debtor for the recovery of arrears.

Notice of assignment

(1) 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.

(2) 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 under a maintenance order.

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

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

How long an assignment is in effect

(1) An assignment under this Division ends when

(

a) the assignor no longer receives disability assistance or hardship assistance,

(

b) all disability assistance and hardship assistance provided to the assignor's family unit in place of maintenance has been recovered by the minister, and

(

c) the assignor receives notice from the minister that the assignment has ended.

(2) Despite subsection (1), an assignment under this Division that would otherwise have ended under subsection (1) continues in force if the minister and assignor agree in writing to the continuation.

(3) An assignment under this Division that is continued under subsection (2) ends if the minister or the assignor delivers written notice by ordinary mail to the other of the termination.

(4) If an assignor no longer receives disability assistance or hardship assistance and amounts owing to the government under this Division still remain unrecovered, then, despite

section 18

[ categories of maintenance rights ], only the following maintenance rights remain in effect under the assignment:

(

a) the right to withdraw a maintenance order under the

Family Maintenance Enforcement Act ;

(

b) the right to receive payment of maintenance arrears that are owed to the government under an assignment;

(

c) the right to defend an application to reduce or cancel arrears of maintenance owed to the government;

(

d) the right to make arrangements with the debtor for payment of arrears of maintenance owed to the government;

(

e) the right to enforce the maintenance order with respect to arrears owed to the government.

Terms to be included in the assignment

21 An assignment under this Division must include all of the following terms:

(

a) the assignment of the categories of maintenance rights set out in

section 18

[ categories of maintenance rights ];

(

b) authorization by the assignor that

(

i) the minister May provide to the director of maintenance enforcement any information necessary for the filing, enforcement and monitoring of payments made under the assignor's maintenance order,

(ii) the director of maintenance enforcement May provide to the minister

(

A) any information that affects eligibility for disability assistance or hardship assistance, and

(

B) information about the payment, monitoring or enforcement of the assignor's maintenance order, and

(iii) the minister May obtain or search court documents required to exercise the rights assigned;

(

c) agreement by the assignor to cooperate with the minister and the director of maintenance enforcement as necessary to obtain, vary or enforce the assignor's maintenance agreement or maintenance order including

(

i) providing any information and verifications relating to the debtor's name, address, employer and salary,

(ii) providing the names, ages and custody or residency arrangements of all children of the union,

(iii) attending at all appointments, meetings and court proceedings relating to the assigned rights when requested to do so by the minister or the director of maintenance enforcement, and

(iv) providing the court file number and style of cause of any maintenance orders in existence;

(

d) acknowledgment by the assignor that

(

i) he or she cannot take any of the actions or enter any agreements related to maintenance that are set out in the assignment as long as the assignment to the minister is in effect, unless authorized in writing by the minister, and that to do so without authorization will affect the assignor's eligibility for disability assistance or hardship assistance,

(ii) if legal counsel for the government has brought or is defending a proceeding on the assignor's behalf, the legal counsel is solely counsel for the government and there is no solicitor-client relationship between that counsel and the assignor,

(iii) only the minister can forgive, reduce or otherwise vary arrears of maintenance owed to the government, and

(iv) no agreement to cancel or reduce arrears owed to the assignor under the assignor's maintenance agreement or maintenance order will be made by the government without the assignor's consent;

(

e) the assignment will continue in effect after the assignor no longer receives disability assistance or hardship assistance if there are still arrears of maintenance unrecovered by the government and, so long as there are arrears, the assignor acknowledges that only the government is entitled to

(

i) withdraw a maintenance order under the Family Maintenance Enforcement

Act ,

(ii) receive payment of maintenance arrears that are owed to the government under an assignment,

(iii) defend an application to reduce or cancel arrears of maintenance owed to the government,

(iv) make arrangements with the debtor for payment of arrears of maintenance owed to the government, and

(

v) enforce the maintenance order with respect to arrears owed to the government;

(

f) the assignment ceases to have effect when

(

i) disability assistance and hardship assistance are no longer provided to the assignor's family unit and there are no arrears unrecovered by the government, and

(ii) a written notice of termination of the assignment is sent to the assignor at the last known address of the assignor shown on record with the ministry.

Failure to comply with terms of assignment

(1) If an assignor who is receiving disability assistance or hardship assistance fails to comply with the terms of an assignment referred to in

section 21 (c)

[ terms to be included in the assignment ], the assignor's family unit May be declared ineligible for disability assistance or hardship assistance.

(2) This

section does not apply if the minister is satisfied that the failure of the assignor to comply with the terms of the assignment is beyond the control of the assignor.

Division 5 — Amount and Duration of Disability Assistance

Effective date of eligibility

(1) A family unit becomes eligible for disability assistance

(

a) on the first day of the month after the month in which the minister designated an applicant in the family as a person with disabilities, or

(

b) if an applicant applies for disability assistance while the applicant is 17 years of age and the minister determines that the applicant will be designated as a person with disabilities on his or her 18th birthday, on that applicant's 18th birthday.

(2) A family unit is not eligible for a supplement in respect of a period before the date the minister designated an applicant as a person with disabilities.

(3) On the applicable date under subsection (1), a family unit becomes eligible under sections 4 and 5 of

Schedule A for that portion of the month's shelter costs that remains unpaid on that date,

(4) If a family unit that includes an applicant who has been designated as a person with disabilities does not receive disability assistance 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:

(

a) the date the family unit became eligible for disability assistance;

(b) 12 calendar months before the date of payment.

(5) 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.

Amount of disability assistance

24 Disability assistance May be provided to or for a family unit, for a calendar month, in an amount that is not more than

(

a) the amount determined under

Schedule A, minus

(

b) the family unit's net income determined under

Schedule B.

Part 3 — Other Factors that Affect Eligibility for Disability Assistance or Hardship Assistance

Division 1 — Factors Related to Employment and Employment Plans

Consequences of failing to meet employment-related obligations

(1) For the purposes of

section 12 (2) (a)

[ consequences of not meeting employment-related obligations ] of the Act,

(

a) for a default referred to in

section 12 (1) (

a) to (

c) of the Act, the disability assistance or hardship assistance provided to or for the family unit must be reduced by $100 for each of 2 calendar months starting from the later of the following dates:

(

i) the date of application for disability assistance under this regulation;

(ii) the date the default occurred, and

(

b) for a default referred to in

section 12 (1) (

d) of the Act, the disability assistance or hardship assistance provided to or for the family unit must be reduced by $100 for each calendar month until the later of the following occurs:

(

i) the disability assistance or hardship assistance provided to the family unit has been reduced for one calendar month;

(ii) a the minister is satisfied that the applicant or recipient who committed the default is demonstrating reasonable efforts to search for employment.

(2) The reduction under subsection (1) applies in respect of each applicant or recipient in a family unit who does anything prohibited under

section 12 (1)

[ consequences of not meeting employment-related obligations ] of the Act.

(3) For the purposes of

section 12 (2) (b) [ consequences of not meeting employment-related

obligations ] of the Act, the period of ineligibility for disability assistance lasts

(

a) for a default referred in to

section 12 (1) (

a) to (

c) of the Act, until 2 calendar months have elapsed from the later of the following dates:

(

i) the date of application for disability assistance under this regulation;

(ii) the date the default occurred, and

(

b) for the default referred to in

section 12 (1) (

d) of the Act, until the later of the following has occurred:

(

i) the family unit has been ineligible for disability assistance for one calendar month;

(ii) the minister is satisfied that the applicant or recipient who committed the default is demonstrating reasonable efforts to search for employment.

(4) section 12 [ consequences of not meeting employment-related

obligations ] of the Act does not apply to a family unit of an applicant or recipient who is in any of the following categories:

(

a) persons who have reached 65 years of age;

(

b) sole applicants or sole recipients who have at least one dependent child who

(

i) has not reached 3 years of age, or

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

(

c) sole applicants or sole recipients who have a child in the home of a relative who

(

i) has not reached 3 years of age, or

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

(

d) sole applicants or sole recipients who have a foster child who

(

i) has not reached 3 years of age, or

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

(

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

(

f) applicants or recipients admitted to hospital because they require extended care;

(

g) applicants or recipients in family units that include only applicants or recipients who are

(

i) persons with

(

A) a drug or alcohol problem,

(

B) a mental health condition, or

(

C) a medical condition

that, in the minister's opinion, interferes with their ability to search for, accept or continue in employment,

(ii) 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, or

(iv) persons not described in

section 6 (2) [ citizenship

requirements ].

Consequences if dependent youth fails to enter into or comply with employment plan

26 For the purposes of

section 9 (5) [ employment

plan ] of the Act, if a dependent youth fails to enter into or comply with the conditions in an employment plan when required to do so by the minister, the disability assistance or hardship assistance provided for each calendar month to the dependent youth's family unit May be reduced by $100 until the dependent youth enters into, or complies with the conditions in, an employment plan.

Division 2 — Factors Related to Income and Assets

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

(1) For the purposes of

section 13 (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 13 (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

(

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

(

b) 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.

(2) For a family unit that is declared ineligible under

section 13 (3) (

b) of the Act for disability 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 13 (1) (

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

(

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

(

b) 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.

(3) For the purposes of

section 13 (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,

(

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

(

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

(4) For the purposes of

section 13 (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.

(5) For the purposes of

section 13 (2) 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.

Division 3 — Factors Related to Providing Information and Verification

Consequences of failing to provide information or verification when directed

(1) For the purposes of

section 10 (4) [ information and

verification ] of the Act, the period for which the minister May declare the family ineligible for assistance lasts until the applicant or recipient complies with the direction.

(2) For the purposes of

section 10 (5) [ information and

verification ] of the Act,

(

a) the amount by which the minister May reduce the disability assistance or hardship assistance of the dependent youth's family unit is $100 for each calendar month, and

(

b) the period for which the minister May reduce the disability assistance or hardship assistance of the dependent youth's family unit lasts until the dependent youth complies with the direction.

Reporting requirement

29 For the purposes of

section 11 (1) (a) [ reporting

obligations ] of the Act,

(

a) the report must be submitted within 10 days after any change in circumstances that affects the eligibility of the family unit, and

(

b) the information required is the details of that change, as requested in the prescribed form.

Requirement for eligibility audit

(1) 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:

(

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

(

b) require the recipient to complete a form prescribed by the minister for use under this

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

(2) 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.

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

(

a) leaving it with an employee in the ministry office, or

(

b) mailing it to that office.

(4) A family unit ceases to be eligible for assistance if

(

a) 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

(

b) 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).

Division 4 — Effect on Eligibility of Convictions or Admissions

Criminal Code convictions

31 For the purposes of

section 14 (5) (

b) of the Act

[ consequences for conviction, acknowledgement or judgment ] of the Act, assistance provided for a calendar month to or for a family unit that includes one or more persons who have been convicted under the

Criminal Code in relation to obtaining money under the Act or the Employment and Assistance Act by fraud or false or misleading representation must be reduced

(

a) if the family unit includes a sole applicant, or a sole recipient, who has been convicted as described, and one or more dependent children, by $100,

(

b) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and no dependent children, by $300,

(

c) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and one or more dependent children, by $100, and

(

d) if the family unit includes two applicants or recipients both of whom have been convicted as described, and one or more dependent children, by $200.

Convictions under the Act or the Employment and Assistance Act

32 For the purposes of

section 14 (5) (b) [ consequences for conviction, acknowledgement or

judgment ] of the Act, assistance provided for a calendar month to or for a family unit that includes one or more persons who have been convicted of an offence under the Act or the

Employment and Assistance Act must be reduced for the applicable period,

(

a) if the family unit includes a sole applicant, or a sole recipient, who has been convicted as described, and one or more dependent children, by $100,

(

b) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and no dependent children, by $300,

(

c) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and one or more dependent children, by $100,

(

d) if the family unit includes two applicants or recipients both of whom have been convicted as described, and one or more dependent children, by $200.

Declaration under

section 14 (3) of the Act respecting acknowledgement or judgment

33 If the minister has made a declaration under

section 14 (3)

[ consequences for conviction, acknowledgement or judgment ] of the Act in respect of a family unit, for the purposes of

section 14 (5) of the Act, the family unit's assistance for a calendar month must be discontinued or reduced as follows for the period specified:

(

a) if the family unit includes only one or more applicants, or recipients, who have made an acknowledgement or had judgment given against them, and no dependent children, the family unit is not eligible for disability assistance,

(

i) after a first acknowledgment or judgment, for 3 calendar months,

(ii) after a second acknowledgement or judgment, for 6 calendar months, and

(iii) after a third or subsequent acknowledgment or judgment, for 12 calendar months;

(

b) if the family unit includes a sole applicant or sole recipient who has made an acknowledgement or had judgment given against him or her, and one or more dependent children, the assistance provided to or for the family unit must be reduced by $100

(

i) after a first acknowledgment or judgment, for 3 calendar months,

(ii) after a second acknowledgement or judgment, for 6 calendar months, and

(iii) after a third or subsequent acknowledgment or judgment, for 12 calendar months;

(

c) if the family unit includes two applicants or recipients, only one of whom has made an acknowledgement or had judgment given against him or her, and no dependent children, the assistance provided to or for the family unit must be reduced by $300

(

i) after a first acknowledgment or judgment, for 3 calendar months,

(ii) after a second acknowledgement or judgment, for 6 calendar months, and

(iii) after a third or subsequent acknowledgment or judgment, for 12 calendar months;

(

d) if the family unit includes two applicants or recipients, only one of whom has made an acknowledgement or had judgment given against him or her, and one or more dependent children, the assistance provided to or for the family unit must be reduced by $100

(

i) after a first acknowledgment or judgment, for 3 calendar months,

(ii) after a second acknowledgement or judgment, for 6 calendar months, and

(iii) after a third or subsequent acknowledgment or judgment, for 12 calendar months;

(

e) if the family unit includes two applicants or recipients, both of whom have made an acknowledgement or had judgment given against them, and one or more dependent children, the assistance provided to or for the family unit must be reduced by $200

(

i) after a first acknowledgment or judgment, for 3 calendar months,

(ii) after a second acknowledgement or judgment, for 6 calendar months, and

(iii) after a third or subsequent acknowledgment or judgment, for 12 calendar months.

Consequences for conviction, acknowledgment, etc. under a former Act

(1) For the purposes of this section,

(a) "benefit month" means a month for which, but for this

section or a declaration under this section, a family unit would otherwise be eligible for disability assistance or a supplement, and

(

b) the 3 benefit months referred to in subsections (2) and (3) need not be consecutive.

(2) The family unit of an applicant or recipient is not eligible for disability assistance or supplements for 3 benefit months if the applicant or recipient

(

a) was convicted of an offence under

section 22 (1) of the

BC Benefits (Income Assistance) Act ,

section 11 (1) of the Disability Benefits Program Act or

section 13 (1) of the

BC Benefits (Youth Works) Act , as those provisions read immediately before their repeal, or

(

b) was convicted of an offence under the Criminal Code in relation to obtaining, by fraud or false or misleading representations, money under a former Act or the

BC Benefits (Youth Works) Act .

(3) The minister May declare a family unit ineligible for disability assistance or supplements for 3 benefit months if

(

a) an applicant or a recipient in the family unit acknowledges in writing that he or she obtained money to which he or she was not entitled under a former Act or the

BC Benefits (Youth Works) Act , or

(

b) a court gives judgment in favour of the government in an action for debt against an applicant or a recipient in the family unit for money obtained under a former Act or the

BC Benefits (Youth Works) Act to which he or she was not entitled,

unless the money was paid in error.

(4) No family unit is, or May be declared, ineligible under this

section on the basis of a conviction secured, an acknowledgment made or a judgment given before March 13, 1997.

Part 4 — Hardship Assistance

Hardship assistance is for one calendar month only

35 If a family unit is not eligible for disability assistance because of a circumstance for which the minister May provide hardship assistance under this Part, the hardship assistance provided to the family unit must be in accordance with

Schedule D but only

(

a) for the calendar month in which the application for disability assistance is made, and

(

b) subject to

section 4 (2) of

Schedule D, from the date in that calendar month that the minister determines that the family unit is eligible for hardship assistance.

Rules about applications, payments, etc.

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

(

a) section 4 [ application and applicant orientation

requirements ];

(

b) section 5 [ applicant requirements ];

(

c) section 6 [ citizenship requirements ];

(

d) section 7 [ effect of applying for other sources of

income ];

(

e) section 8 [ requirement to apply for CPP

benefits ];

(

f) section 9 [ limits on income ];

(

g) section 10 [ asset limits ].

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

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

section 4 (1) (

a) or (b)

[ application and applicant orientation requirements ] if

(

a) the minister considers that undue hardship will otherwise occur, and

(

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

Applicants who do not meet citizenship requirements

38 Subject to

section 6 (3) [ citizenship

requirements ], the minister May provide hardship assistance to a family unit that is not eligible for disability assistance because of the failure to satisfy the citizenship requirements under

section 6 (1) if

(

a) the minister considers that undue hardship will otherwise occur, and

(

b) at least one applicant in the family unit is

(

i) 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),

(ii) in the process of having his or her claim for refugee status determined under the

Immigration and Refugee Protection Act (Canada), or

(iii) subject to a deportation order under the Immigration and Refugee Protection Act (Canada) that cannot be executed.

Family units that have excess income

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

section 9

[ limits on income ] if

(

a) the minister considers that undue hardship will otherwise occur,

(

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

(

c) the family unit includes one or more dependent children, and

(

d) the income that causes the family unit to be ineligible for disability 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

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

(

a) the minister considers that undue hardship will otherwise occur,

(

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

(

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

Family units that have excess assets

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

section 10 (2)

[ asset limits ] if

(

a) the minister considers that undue hardship will otherwise occur,

(

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

(

c) the applicant satisfies the minister that

(

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

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

(

d) the family unit

(

i) includes one or more dependent children, or

(ii) includes only persons who have reached 65 years of age.

Family units ineligible or declared ineligible under

section 34

[ consequences for conviction, acknowledgment, etc. under a former Act ]

42 The minister May provide hardship assistance to a family unit that is ineligible or declared ineligible under

section 34

[ consequences for conviction, acknowledgment, etc. under a former Act ] if

(

a) the family unit includes one or more dependent children,

(

b) the minister considers that undue hardship will otherwise occur, and

(

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

Part 5 — Supplements

Division 1 — Supplements —

Family Unit Eligible for Disability Assistance

Supplement for purchase of co-op housing shares

(1) To enable the family unit of a recipient of disability 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 housing association.

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

(

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

(

b) the recipient agrees in writing to repay the lump sum.

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

(a) $850;

(b) 50% of the cost of the membership shares.

(4) 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

(

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

(

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

Christmas supplement

(1) The minister May provide an annual Christmas supplement to or for a family unit that is eligible for disability assistance.

(2) The minister May specify

(

a) the amount to be provided as a Christmas supplement, which May be different for different categories of family units, and

(

b) the time when the supplement is to be provided.

School start-up supplement

(1) The minister May provide an annual school start-up supplement to or for a family unit that is eligible for disability assistance if the family unit includes a dependent child who is attending school full time.

(2) The minister May specify

(

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

(

b) the time when the supplement is to be provided.

Travel supplement

46 The minister May provide a travel supplement of up to $46 for each calendar month to or for a family unit that is eligible for disability assistance to assist a recipient in the family unit to attend a self help skill program or supported work placement program approved by the minister.

Community volunteer supplement

(1) The minister May provide a supplement of up to $100 for each calendar month to or for a family unit that is eligible for disability assistance for clothing, transportation and other expenses needed for a person in the family unit to participate in a community volunteer program if

(

a) the person has reached 15 years of age,

(

b) the minister is not providing the family unit with a supplement for the use or benefit of that person under

(

i) section 48 [monthly incentive supplement], or

(ii)

section 49 [training initiative supplement], and

(

c) the minister is not providing the family unit with a supplement under

section 54 (2) for any person in the family unit.

(2) A supplement May be provided under this

section for only one person in a family unit at a time.

Monthly incentive supplement

(1) The minister May provide an incentive supplement to or for a family unit that is eligible for disability assistance to enable a recipient to participate in a vocational, self-improvement or other program to prepare the recipient for employment.

(2) The following is the amount of an incentive supplement:

(a) $50 for each calendar month for a recipient if

(

i) the family unit does not include a dependent child, and

(ii) the recipient does a minimum of 20 hours of work experience in the previous calendar month;

(b) $100 for each calendar month for a recipient if

(

i) the family unit includes a dependent child, and

(ii) the recipient does a minimum of 40 hours of work experience in the previous calendar month.

(3) Only 6 monthly payments May be made to a family unit under this

section on account of a particular recipient over a period of 36 consecutive months, beginning with the month in which the supplement was first provided to or for the family unit on account of that recipient.

(4) No supplement May be provided under this

section for a recipient who is receiving a supplement under

section 47

[ community volunteer supplement ] or

section 49 [ training initiative

supplement ].

Training initiative supplement

(1) The minister May provide a training initiative supplement to or for a family unit that is eligible for disability assistance of $50 each month towards the expenses of a recipient or a dependant in the family unit of participating in a training initiative program established under

section 8 of the Act.

(2) Only 6 monthly payments May be made under this

section in respect of a recipient or dependent over any period of 36 consecutive months, beginning with the month the recipient first receives the supplement, unless more payments are authorized under subsection (3).

(3) The minister May authorize up to 6 more monthly payments, if satisfied that the person participating in the training initiative program would, because of the nature of the person's disability, benefit from more participation.

(4) No supplement May be provided under this

section in respect of a person for whom a supplement is being provided under

section 47

[ community volunteer supplement ] or

section 48 [ monthly incentive

supplement ].

Clothing supplement for people in special care facilities

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

(

a) clothing is not provided in the facility,

(

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

(

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

Bus pass supplement

(1) The minister May provide a supplement to or for a family unit that is eligible for disability assistance and contributes $45 to the cost to provide an annual pass for the personal use of

(

a) a person with disabilities in the family unit, or

(

b) the spouse of that person if that spouse

(

i) is 60 or more years of age,

(ii) receives the federal spouse's allowance or federal guaranteed income supplement, or

(iii) is 65 years of age or more and meets all of the eligibility requirements for the federal guaranteed income supplement except the 10 year residency requirement.

(2) In this section, "annual pass" means an annual pass to use a public passenger transportation system in a transit service area established under

section 25 of the

British Columbia Transit Act .

Reconsideration or appeal supplement

(1) For the purposes of this

section a reconsideration or appeal is determined when

(

a) 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

(

b) 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.

(2) The minister May provide a supplement to or for a family unit that is eligible for disability assistance if a recipient in the family unit delivers a request for a reconsideration under

section 71

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

section 84

[ commencing an appeal ] of the Employment and Assistance Regulation in respect of a decision that resulted in a discontinuation or reduction of disability assistance or a supplement but only if the recipient agrees in writing to repay the amount of the supplement paid under this section.

(3) A supplement under this

section May be provided for the shorter of

(

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

(

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

(4) A supplement under this

section is limited to the following amounts:

(

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

(

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

(5) If the determination of a reconsideration or appeal that rescinds 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

(

a) the discontinued disability assistance or supplement, or

(

b) the amount by which the disability assistance or supplement was reduced.

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

(

a) the total amount paid to the recipient under this

section for the period under subsection (3), and

(

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

Division 2 — Supplements —

Family Unit Eligible for Hardship Assistance

Supplement to obtain proof of identity

53 The minister May provide a supplement to or for a family unit that is eligible 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 disability assistance.

Division 3 — Supplements —

Family Unit Eligible for Disability Assistance or

Hardship Assistance

Supplements related to employment plan

(1) The minister May provide any of the following supplements to or for a family unit that is eligible for disability assistance or hardship assistance to assist an applicant, a recipient or a dependent youth in the family unit to participate, in accordance with an employment plan, in an employment-related program:

(

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

(

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

(

c) 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.

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

(3) Only 6 monthly payments May be made under subsection (2) to or for a family unit in respect of an applicant, 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 applicant, recipient or dependent youth, unless the minister authorizes up to 6 more monthly payments.

Supplements for moving, transportation and living costs

(1) In this section:

"living cost" means the cost of accommodation and meals;

"moving cost" means the cost of moving a family unit and its personal effects from one place to another;

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

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

(

a) 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;

(

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

(

c) moving costs required to move within a municipality or unincorporated area or to an adjacent municipality or unincorporated area because the family unit's rented residential accommodation is being sold or demolished and a notice to vacate has been given, or has been condemned;

(

d) moving costs required to move within a municipality or unincorporated area or to an adjacent municipality or unincorporated area if the family unit's shelter costs would be significantly reduced as a result of the move;

(

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

(

f) 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.

(3) A family unit is eligible for a supplement under this

section only if

(

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

(

b) a recipient in the family unit receives the minister's approval before incurring those costs.

(4) A supplement May be provided under this

section only to assist with

(

a) the cost of the least expensive appropriate mode of moving or transportation, and

(

b) in the case of a supplement under subsection (1) (f), the least expensive appropriate living costs.

Supplement to pay a security deposit

(1) In this section:

"cooperative corporation" has the same meaning as in the

Real Estate Act ;

"security deposit" means a security deposit as defined in the

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

Residential Tenancy Act .

(2) The minister May provide a security deposit to or for a family unit that is eligible for disability assistance or hardship assistance if

(

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

(

b) the recipient agrees in writing to repay the amount paid under this section, and

(

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

(3) The minister May recover the amount of a security deposit provided under subsection (2) by deducting $20 for each calendar month, or a greater amount with the consent of a recipient, from disability assistance or hardship assistance provided to or for the family unit starting with the disability assistance or hardship assistance provided for the calendar month following the calendar month during which the security deposit is paid.

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

(

a) only one of the security deposits has not been recovered or repaid, or

(

b) the family unit requires up to one more security deposit to change rented residential accommodation

(

i) because the recipient is separating from an abusive spouse, or

(ii) because the family unit's rented residential accommodation

(

A) is being sold or demolished and a notice to vacate has been given, or

(

B) has been condemned.

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

(

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

(

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

(

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

(

d) Employment and Assistance Regulation.

Crisis supplement

(1) The minister May provide a crisis supplement to or for a family unit that is eligible for disability assistance or hardship assistance if

(

a) 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

(

b) the minister considers that failure to meet the expense or obtain the item will result in

(

i) imminent danger to the physical health of any person in the family unit, or

(ii) removal of a child under the Child, Family and Community Service

Act .

(2) A crisis supplement May be provided only for the calendar month in which the application or request for the supplement is made.

(3) A crisis supplement May not be provided for the purpose of obtaining

(

a) a supplement described in

Schedule C, or

(

b) any other health care goods or services.

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

(

a) if for food, the maximum amount that May be provided in a calendar month is $20 for each person in the family

unit;

(

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

(

i) the family unit's actual shelter cost, and

(ii) the maximum set out in

section 4 of

Schedule A or Table 2 of

Schedule D, as applicable, for a family unit that matches the family

unit;

(

c) if for clothing, the amount that May be provided must not exceed the smaller of

(i) $100 for each person in the family unit in the 12 calendar month period preceding the date of application for the crisis supplement, and

(ii) $400 for the family unit in the 12 calendar month period preceding the date of application for the crisis supplement.

.

(5) The cumulative amount of crisis supplements that May be provided to or for a family unit in a year must not exceed the amount calculated under subsection (6).

(6) In any calendar month, the amount under subsection (5) is calculated by multiplying by 2 the maximum amount of disability assistance or hardship assistance that May be provided for the month under

Schedule A or

Schedule D to a family unit that matches the family unit.

Advance for lost or stolen family bonus cheque

(1) The minister May provide a supplement to or for a family unit that is eligible for disability assistance or hardship assistance as an advance for a lost or stolen family bonus cheque if

(

a) 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,

(

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

(

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

(

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

(

i) agrees in writing to repay the advance;

(ii) authorizes deduction of the amount of the advance from subsequent payments of assistance.

(2) 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.

(3) No amount May be advanced under this

section to a recipient in respect a family bonus for a child in the home of a relative.

Advance for delayed or suspended family bonus

(1) The minister May provide a supplement to or for a family unit that is eligible for disability assistance or hardship assistance as an advance for delayed, cancelled or suspended family bonus if that

(

a) payment of the BC basic family bonus to a person in the family unit is delayed, cancelled or suspended under the

Income Tax Act (Canada) or the Income Tax Act (British

Columbia) for any reason other than that

(

i) the person refuses to apply for the family bonus,

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

(iii) the person refuses to accept the family bonus, and

(

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

(2) Subject to subsection (3), the amount that May be advanced as a supplement under subsection (1) is not more than $116.42 for each dependent child in the family unit for whom a person in the family unit appears to be entitled to the BC basic family bonus.

(3) The amount determined under subsection (2) is reduced by the amount of the national child benefit supplement received for the calendar month preceding the calendar month for which the advance is paid for each child referred to in that subsection.

(4) Before advancing any amount to a recipient, the minister May require that the recipient agree in writing to repay the amount advanced minus

(

a) any amount a recipient in the family unit is eligible for under

section 2 (2) (

b) of

Schedule A or

section 2 (2) (

b) of

Schedule D in respect of the delayed or suspended BC basic family bonus, and

(

b) any amount deducted under

section 10 of

Schedule B or

section 2 (3) or (7) of

Schedule D in respect of the advance.

(5) No amount May be advanced to a family unit in respect of a family bonus for a child in the home of a relative.

Guide animal supplement

60 The minister May provide a supplement of $62 for each calendar month to or for a family unit that is eligible for disability assistance or hardship assistance for the maintenance of a guide animal if the guide animal is

(

a) certified under the Guide Animal Act , and

(

b) used by a person in the family unit.

Canada Pension Plan adjustment supplement

(1) In this section:

"adjustment supplement applicant" means a person applying for a supplement under this

section who

(

a) was entitled to receive CPP in the benefit period, and

(

b) during the benefit period for which the application under this

section is made was a recipient of

(

i) disability assistance or hardship assistance,

(ii) income assistance or hardship assistance under the

Employment and Assistance Act or the BC Benefits (Income Assistance)

Act ,

(iii) a youth allowance under the BC Benefits (Youth Works)

Act , or

(iv) a disability allowance under the Disability Benefits Program

Act ;

"benefit period" means those calendar months in a calendar year for which the adjustment supplement applicant

(

a) was a recipient of

(

i) disability assistance or hardship assistance,

(ii) income assistance or hardship assistance under the

Employment and Assistance Act or the BC Benefits (Income Assistance)

Act ,

(iii) a youth allowance under the BC Benefits (Youth Works)

Act , or

(iv) a disability allowance under the Disability Benefits Program

Act , and

(

b) was entitled to receive CPP as shown on a T4A;

"CPP" means Canada Pension Plan benefits;

"EM" means the number of calendar months in the benefit period;

"former regulation" means the Income Assistance Regulation, B.C. Reg. 75/97, the Youth Works Regulation, B.C. Reg. 77/97 or the Disability Benefits Program Regulation, B.C. Reg. 79/97;

"MF" means,

(

a) if no previous benefit under this

section has been paid out for the benefit period to another adjustment supplement applicant from the same family unit, the maximum support and shelter rate applicable for the applicant under this regulation, the Employment and Assistance Regulation or a former regulation for the last calendar month in the benefit period for which income assistance, disability assistance, hardship assistance, youth allowance or disability allowance was received by the applicant,

(

b) if a previous supplement under this

section has been paid out for the benefit period to another adjustment supplement applicant from the same family unit, the amount in paragraph (

a) minus the sum of the adjustment supplements paid out to each other adjustment supplement applicant in the family unit, or

(

c) if more than one application is received from a family at the same time, the application with the higher taxable income, reported on line 260 of the Notice of Assessment, is to be processed first for paragraphs (

a) and (b);

"Notice of Assessment" means the latest Notice of Assessment or Notice of Reassessment issued to the adjustment supplement applicant by Canada Customs and Revenue Agency in the current calendar year;

"T" means the lesser of

(

a) the net federal and provincial income tax under the

Income Tax Act (Canada), the Income Tax Act (British Columbia) or the enactment of another province that is equivalent to the

Income Tax Act (British Columbia) shown on the Notice of Assessment and, if income tax was payable in the Province of Quebec, the equivalent document issued by the government of Quebec, and

(

b) for a benefit period

(

i) in 1998, 0.25585 x TCPP x EM ÷TM,

(ii) in 1999, 0.25415 x TCPP x EM ÷ TM,

(iii) in 2000, 0.254 x TCPP x EM ÷ TM, or

(iv) in 2001, 0.233 x TCPP x EM ÷ TM;

"TCPP" means,

(

a) if the total CPP shown on all T4A slips for a benefit period is greater than TI for the benefit period, TI, or

(

b) in any other case, the total CPP shown on all T4A slips, minus any CPP not reported to the ministry over the benefit period, plus the total of any income assistance, disability assistance, hardship assistance, youth allowance or disability allowance, paid to compensate for the deduction of income tax withheld on CPP;

"TI" means taxable income reported on line 260 of the Notice of Assessment;

"TM" means the number of calendar months for which CPP is reported on all T4A slips issued;

"T4A" means a T4A(

P) Statement of Canada Pension Plan Benefits issued to the adjustment supplement applicant in the current calendar year for CPP received before the current calendar year.

(2) The minister May provide an adjustment supplement to or for the family unit of an adjustment supplement applicant who applies in a manner satisfactory to the minister.

(3) The amount of a supplement under this

section must not exceed the lesser of

(

a) T, and

(

b) the amount calculated by the following formula:

amount = MF x EM - TI x

+ T

(4) A supplement under this

section must not be given unless the adjustment supplement applicant

(

a) has submitted to the minister a copy of the Notice of Assessment,

(

b) has submitted to the minister copies of the relevant T4A slips, and

(

c) has not received a supplement under this section,

section 63

[ Canada pension plan adjustment supplement ] of the Employment and Assistance Regulation or a benefit under the comparable provision of a former regulation for the same benefit period.

Division 4 — Health Supplements

General health supplements

(1) The minister May provide any health supplement set out in

section 2

[ general health supplements ] or 3 [ medical equipment and devices ] of

Schedule C to or for a family unit if the health supplement is provided to or for a person in the family unit who is

(

a) a recipient of disability assistance,

(

b) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for a disability assistance because of

(

i) employment income earned by the person or the person's spouse, or

(ii) a pension or other payment under the Canada Pension Plan (Canada),

(

c) a person who was a recipient of disability assistance on the day he or she became 65 years of age and a dependant of that person, if the dependant was a dependant of the person on that day and remains a dependant of that person,

(

d) a dependant of a person referred in paragraphs (

a) or (b), or

(

e) a dependent child of a recipient of hardship assistance.

(2) A person referred to in subsection (1) (

b) and his or her dependants and a person referred to in subsection (1) (

c) cease to be eligible for any supplement under this

Division if the person's family unit takes up residence outside British Columbia.

Dental supplements

63 The minister May provide any health supplement set out in

section 4

[ dental supplements ] of

Schedule C that is provided to or for a family unit if the health supplement is provided to or for a person in the family unit who is eligible for health supplements under

section 62 (1) (

a) to (d)

[ general health supplements ].

Emergency dental and denture supplements

64 The minister May provide any a health supplements set out in

section 5 of

Schedule C to or for a family unit if the health supplement is provided to or for a person in the family unit who is eligible for health supplements under

section 62 (1)

[ health supplements ].

Orthodontic supplement

(1) The minister May provide orthodontic supplements to or for a family unit if the orthodontic supplements are provided to or for a person in the family unit who meets the conditions under subsection (2) and who is

(

a) a person with disabilities who is eligible for health supplements under

section 62 (1) (

a) or (b), or

(

b) a dependent child of a person referred to in paragraph (a).

(2) For a person referred to in subsection (1) to be eligible for orthodontic supplements, the person's family unit must have no resources available to cover the cost of the orthodontic supplements and the person must

(

a) have severe skeletal dysplasia with jaw misalignment by 2 or more standard deviations, and

(

b) obtain prior authorization from the minister for the orthodontic supplements.

(3) If, before July 1, 2002, the minister approved under a former Act or the

BC Benefits (Youth Works) Act orthodontic services for a person who does not satisfy the requirement of subsection (2) (a), the person is eligible for the services until the earliest of the following dates:

(

a) the date the approved orthodontic services are completed;

(

b) the date the person ceases to be a person referred to in subsection (1) (

a) or (b);

(

c) June 30, 2005.

Diet supplement

(1) The minister May pay for a diet supplement in accordance with

section 6

[ diet supplements ] of

Schedule C for a recipient of disability assistance under

section 2

[ monthly support allowance ], 4 [ monthly shelter allowance ], 6 [ people receiving room and

board ] or 9 [ people in emergency shelters ] of

Schedule A or a dependant of that person if the recipient or dependant requires a special diet for a specific medical condition described in

section 6 of

Schedule C.

(2) A person is not eligible for a supplement under subsection (1) unless the need for the special diet is confirmed in writing by

(

a) a medical practitioner, or

(

b) a person who is registered as a dietician or nutritionist by the British Columbia Dietitians' and Nutritionists' Association.

(3) The minister May not provide a supplement under this

section to or for a family unit for a person on account of whom the minister is providing a supplement under

(a)

section 67 (1) or (3) [nutritional supplements], or

(b)

section 2 (3) [general health supplements] of

Schedule C.

Nutritional supplement

(1) The minister May provide a nutritional supplement in accordance with

section 7

[ monthly nutritional supplement ] of

Schedule C to or for a person with disabilities in a family unit who receives disability assistance under

(

a) section 2 [ monthly support allowance ], 4

[ monthly shelter allowance ], 6 [ people receiving room and board ] or 9

[ people in emergency shelters ] of

Schedule A, or

(

b) section 8 [ people receiving special care ] of

Schedule A, if the special care facility is an alcohol or drug treatment center

if the minister is satisfied that all of the following conditions are met:

(

c) the minister receives a completed request in the form specified by the minister in which a medical practitioner has confirmed that

(

i) the person with disabilities to whom the request relates is being treated by the medical practitioner for a chronic, progressive deterioration of health on account of a severe medical condition,

(ii) as a direct result of the chronic, progressive deterioration of heath, the person displays one or more of the following symptoms:

(

A) malnutrition;

(

B) underweight status;

(

C) significant weight change;

(

D) muscle mass loss;

(

E) bone density loss;

(

F) neurological degeneration;

(

G) significant deterioration of an organ;

(

H) moderate to severe immune suppression,

(iii) for the purpose of alleviating a symptom referred to in subparagraph (ii), the person requires one or more of the items set out in

section 7 of

Schedule C and specified in the request, and

(iv) failure to obtain the items referred to in subparagraph (iii) will result in imminent danger to the person's life;

(

d) the person is not receiving a supplement under

section 2 (3)

[ general health supplement ] of

Schedule C;

(

e) the person is not receiving a supplement under subsection (3) or

section 66

[ diet supplements ];

(

f) the person complies with any requirement of the minister under subsection (2);

(

g) the person's family unit does not have any resources available to pay for the items for which the supplement May be provided.

(2) In order to determine or confirm the need or continuing need of a person for whom a supplement is provided under subsection (1), the minister May at any time require that the person obtain a medical opinion from a medical practitioner other than the medical practitioner referred to in subsection (1) (c).

(3) The minister May provide a nutritional supplement for a period of 3 calendar months to or for a family unit if the supplement is provided to or for a recipient of disability assistance or a dependent child of a recipient of disability assistance if

(

a) the recipient or dependent child is not receiving a supplement under subsection (1) of this

section or

section 2 (3) of

Schedule C, and

(

b) a medical practitioner confirms in writing that the recipient or dependent child has an acute short term need for caloric supplementation to a regular dietary intake to prevent critical weight loss while recovering from

(

i) surgery,

(ii) a severe injury,

(iii) a serious disease, or

(iv) side effects of medical treatment.

Natal supplement

(1) The minister May provide a natal supplement in accordance with

section 8

[ natal supplement ] of

Schedule C if the supplement is provided to or for a person in the family unit who is a recipient of disability assistance under

section 2

[ monthly support allowance ], 4 [ monthly shelter allowance ], 6 [ people receiving room and

board ] or 9 [ people in emergency shelters ] of

Schedule A or a dependent of the recipient.

(2) A family unit is eligible to receive the natal supplement while

(

a) the recipient or dependent is pregnant, as confirmed in writing by a medical practitioner or by a registrant of the College of Midwives of British Columbia, or

(

b) a recipient or dependent has a dependent child under 7 months of age.

Health supplement for persons facing life threatening health need

69 The minister May provide any health supplement set out in

Schedule C

[ health supplements ] to a family unit that includes a person with disabilities, if the health supplement is provided to or for a person in the family unit who is otherwise not eligible for the health supplement under this regulation, and if

(

a) the person faces a life-threatening health need and there are no resources available to the person's family unit with which to meet that need, and

(

b) the minister determines that the health supplement is necessary to meet that need.

Supplement for alcohol or drug treatment

(1) The minister May provide a supplement for the cost of treatment, counselling or related services for an alcohol or drug problem that is provided to a person in a family unit who is a recipient of disability assistance or a dependent child of a recipient of disability assistance, if

(

a) the minister considers that the recipient or dependent child needs the treatment, counselling or related services and there are no resources available to the family unit to cover the costs, and

(

b) the recipient or dependent child receives the minister's approval before incurring those costs.

(2) The amount of the supplement under this

section is limited to a total of not more than $500 for all treatment, counselling and related services provided to any one person over the previous 12 consecutive calendar months.

Part 6 — Reconsiderations and Appeals

How a request to reconsider a decision is made

(1) A person who wishes the minister to reconsider a decision referred to in

section 16 (1)

[ reconsideration and appeal rights ] of the Act must deliver a request for reconsideration in the form specified by the minister to the ministry office where the person is applying for or receiving assistance.

(2) A request under subsection (1) must be delivered within 20 business days after the date the person is notified of the decision referred to in

section 16 (1) of the Act and May be delivered by

(

a) leaving it with an employee in the ministry office, or

(

b) being received through the mail at that office.

Time limit for reconsidering decision

72 The minister must reconsider a decision referred to in

section 16 (1) of the Act, and mail a written determination on the reconsideration to the person who delivered the request under

section 79 (1)

[ how a request to reconsider a decision is made ] within 10 business days of receiving the request.

Decisions that May not be appealed

(1) The following categories of supplements May not be appealed to the tribunal:

(

a) travel supplements under

section 46;

(

b) reconsideration and appeal supplements under

section 52;

(

c) supplements related to employment plans under

section 54;

(

d) access to a program established or funded under the Act.

(2) A decision to refuse to provide disability assistance, hardship assistance or a supplement is not appealable to the tribunal if the person who would bring the appeal is awaiting a reconsideration of the minister or the decision of a panel on an earlier request for reconsideration he or she made, or an appeal he or she brought, respecting the same matter.

Part 7 — General and Transitional Provisions

Deductions for debts owed

74 For the purposes of

section 19 (1) (b) [ liability for and recovery of debts under the

Act ] of the Act, the minimum amount that May be deducted is $10 each calendar month.

Prescribed enactments for purposes of sections 19 (1) (

b) and 20 (2)

[ no garnishment, attachment, execution or seizure ] of the Act

75 The following Acts are prescribed:

(

a) for the purposes of

section 19 (1) (

b) of the Act, the

Employment and Assistance Act ;

(

b) for the purposes of

section 20 (2) of the Act, the

Employment and Assistance Act .

How assistance is provided

76 Assistance May be provided to or for a recipient by cheque, electronic funds transfer or in vouchers, kind or any other form.

Replacement of lost or stolen assistance cheque

77 If satisfied that an unendorsed assistance cheque has been lost or stolen, the minister May issue a replacement as long as,

(

a) in the case of theft, the matter has been reported to police, and

(

b) in the case of loss or theft, the recipient

(

i) makes a declaration of the facts, and

(ii) undertakes to promptly deliver the lost or stolen cheque to the minister if it is recovered.

Transition in respect of the change to asset limits

78 Despite any repeal and replacement of

section 6 (1) (

b) and (2) (

b) of the Disability Benefits Program Regulation, B.C. Reg. 79/97,

section 6 (1) (

b) and (2) (

b) of the Disability Benefits Program Regulation as it read on March 31, 2002, applies to the family unit of a recipient until the date the person's eligibility is next audited under

section 30

[ requirement for eligibility audit ].

Transition in respect of repealed provisions

(1) In this section, "repealed provision" means

section 18, 19 or 20 (2) (

a) or (

g) of the Disability Benefits Program Regulation, B.C. Reg. 77/97 in force on March 31, 2002.

(2) The minister must not provide assistance authorized under a repealed provision except an amount awarded on an appeal in respect of a calendar month prior to April, 2002.

Transitional benefit to attend mental health activity centre

80 The minister May continue to provide a family unit with an amount that, immediately before this

section comes into force, the family unit was receiving as a travel allowance under

section 75 (1) of the Income Assistance Regulation, B.C. Reg. 75/97, to enable a person in the family unit to attend a mental health activity centre.

Schedule A

Disability Assistance Rates

(section 24 (a) )

Maximum amount of disability assistance

before deduction of net income

1 Subject to sections 3 and 6 to 9 of this Schedule, the amount of disability assistance referred to in

section 24 (a)

[ amount of disability assistance ] of this regulation is the sum of

(

a) the monthly support allowance under

section 2 of this

Schedule for a family unit matching the family unit of the applicant or recipient, plus

(

b) the shelter allowance calculated under sections 4 and 5 of this Schedule.

Monthly support allowance

(1) A monthly support allowance for the purpose of

section 1 (

a) is the sum of

(

a) the amount set out in Column 3 of the following table for a family unit described in Column 1 of an applicant or a recipient described in Column 2, plus

(

b) the amount calculated in accordance with subsections (2) to (5) for each dependent child in the family unit.

Column 1

Column 2

Column 3

Family unit composition

Age or status of applicant or recipient

Amount of support

Sole applicant/recipient without dependent children

Applicant/recipient is a person with disabilities

$461.42

Sole applicant/recipient with one or more dependent children

Applicant/recipient is a person with disabilities

$555.08

Two applicants/recipients with or without dependent children

One applicant/recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age

$630.56

Two applicants/recipients with or without dependent children

Both applicants/recipients are persons with disabilities

$809.06

Two applicants/recipients with or without dependent children

One applicant/recipient is a person with

disabilities, the other is not a person with

disabilities but is 65 or more years of age

$809.06

(2) If the family unit includes one or more dependent children, the monthly support allowance under subsection (1) is adjusted as follows:

(

a) for each dependent child, by an additional $116.42 for the calendar month in which the dependent child is born;

(

b) for each dependent child in the family unit who is not referred to in paragraph (

a) or (

c) and for whom a person in the family is entitled to the BC basic family bonus, by the result of

(i) $116.42, minus

(ii) the amount of the family bonus payable to the person for that dependent child for the calendar month preceding the calendar month for which the allowance is paid;

(

c) for each dependent child who has reached 18 years of age,

(

i) for the calendar month following the calendar month in which the dependent child reached that age, by the result of $116.42 minus the amount of family bonus payable to a person in the family unit for that dependent child for the calendar month in which the dependent child reached that age, and

(ii) for each subsequent calendar month, by an additional $116.42.

(3) In calculating the adjustment under subsection (2) (

b) or (c) (i), an amount that, under the

Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus must be treated as if it was paid to a person in the family unit.

(4) The monthly support allowance under subsection (1) is not adjusted under subsection (2) (

b) or (c) (

i) if

(

a) payment of the family bonus for the preceding calendar month is delayed, cancelled or suspended for any of the reasons listed in

section 59

[ advance for delayed or suspended family bonus ] of this regulation, or

(

b) a person in the family unit refuses to accept or apply for the family bonus for the preceding calendar month.

(5) If a family unit includes a person who

(

a) immediately before reaching 19 years of age was a dependent child in the family unit, and

(

b) reached that age while attending secondary school,

the base monthly support allowance is increased by $116.42 for each calendar month until the end of the school year in which that person reaches that age as long as he or she is still in attendance.

Prorating of support allowance

3 In the calendar month of application for disability assistance, the monthly support allowance is prorated based on the number of days remaining in that calendar month, beginning with the day the applicant makes the application for disability assistance.

Monthly shelter allowance

(1) For the purposes of this section, "family unit" includes a child who is not a dependent child and who resides in the parent's place of residence for not less than 40% of each month, under the terms of an order or an agreement referred to in

section 1 (2) of this regulation.

(2) The monthly shelter allowance for a family unit is the smaller of

(

a) the family unit's actual shelter costs, and

(

b) the maximum set out in the following table for the applicable family size:

Column 1

Column 2

Family Unit Size

Maximum Monthly Shelter

1 person

$325

2 persons

$520

3 persons

$610

4 persons

$650

5 persons

$700

6 persons

$735

7 persons

$770

8 persons

$805

9 persons

$840

10 persons

$875

(3) For a family unit of more than 10 persons, the maximum monthly shelter allowance is calculated by adding an extra $35 for each person by which the family unit size exceeds 10.

(4) Despite subsection (2), the minimum monthly shelter allowance for the family unit of an applicant or recipient who is a person with disabilities is $75, regardless of actual shelter costs.

(5) Despite subsection (2) (a), if the actual shelter costs of a recipient increase as a result of the recipient remortgaging his or her place of residence, the amount of the mortgage payments is deemed, for the term of the new mortgage, to equal the amount before the remortgaging unless

(

a) the remortgaging was necessary because of the expiry of the mortgage term, and

(

b) the amount borrowed under the mortgage is not increased.

How actual shelter costs are calculated

(1) For the purpose of this section, utility costs for a family unit's place of residence include only the following costs:

(

a) fuel for heating;

(

b) fuel for cooking meals;

(

c) water;

(

d) hydro;

(

e) garbage disposal provided by a company on a regular weekly or biweekly basis;

(

f) rental of one basic residential single-line telephone.

(2) When calculating the actual monthly shelter costs of a family unit, only the following items are included:

(

a) rent for the family unit's place of residence;

(

b) mortgage payments on the family unit's place of residence, if owned by a person in the family unit;

(

c) a house insurance premium for the family unit's place of residence if owned by a person in the family unit;

(

d) property taxes for the family unit's place of residence if owned by a person in the family unit;

(

e) utility costs;

(

f) the actual cost of maintenance and repairs for the family unit's place of residence if owned by a person in the family unit and if these costs have received the minister's prior approval.

(3) If utility costs fluctuate, they May be averaged over the periods

(

a) beginning on October 1 and ending on March 31, and

(

b) beginning on April 1 and ending on September 30.

(4) If 2 or more family units share the same place of residence, the actual shelter costs of any one of them are the smaller of

(

a) the amount calculated by

(

i) dividing the actual shelter costs for all the family units by the number of persons occupying that place of residence, and

(ii) multiplying the result by the number of persons in that one family unit, and

(

b) the amount declared by the family unit as the shelter costs for that family unit.

People receiving room and board

(1) For a family unit receiving room and board other than in a facility mentioned in

section 8 or 9 of this

Schedule or from a relative referred to in subsection (2), the amount referred to in

section 24 (a)

[ amount of disability assistance ] of this regulation is the smaller of

(

a) the sum of

(

i) the actual cost of the room and board, plus

(ii) $60 for each calendar month for each applicant or recipient, plus

(iii) $40 for each calendar month for each dependent child in the family unit, and

(

b) the amount calculated under sections 1 to 5 of this

Schedule for a family unit matching the applicant's or recipient's family unit.

(2) If a family unit receives room and board from a parent or child of an applicant or a recipient in the family unit, only the following amounts May be provided:

(

a) the support allowance that is applicable under sections 2 and 3 of this

Schedule to a family unit matching the applicant's or recipient's family unit;

(

b) the amount payable under

section 4 (4) of this Schedule.

People over 65 years of age

(1) For a family unit that includes at least one dependant and a person with disabilities who has reached 65 years of age and receives federal old age security payments, the amount referred to in

section 24 (a)

[ amount of disability assistance ] of this regulation is the sum of

(

a) the support allowance that is applicable under

section 2 and 3 of this

Schedule for a family unit matching the applicant's or recipient's family unit, plus

(

b) the maximum shelter allowance that is applicable under

section 4 of this

Schedule for a family unit matching the applicant's or recipient's family unit.

(2) Subsection (1) applies regardless of the family unit's actual shelter costs or whether the family unit is sharing residential accommodation or receiving room and board.

People receiving special care

(1) For a person with disabilities who receives accommodation and care in a special care facility or a private hospital or who is admitted to a hospital because he or she requires extended care, the amount referred to in

section 24 (a)

[ amount of disability assistance ] of this regulation is the sum of

(

a) the actual cost, if any, to the applicant or recipient of the accommodation and care at the rate approved by the minister for the type of facility, plus

(

b) a comforts allowance of $85 for each person for each calendar month.

(2) If the special care facility is an alcohol or drug treatment centre, the minister may, in addition, pay either or both of the following while the applicant or recipient is in the alcohol or drug treatment centre:

(

a) actual shelter costs for the applicant's or recipient's usual place of residence up to the amount under

section 4 for a family unit matching the applicant's or recipient's family unit;

(

b) a monthly support allowance for the applicant's or recipient's family unit, equal to the amount calculated under sections 2 and 3 of this

Schedule minus the portion of that allowance that would be provided on account of the applicant or recipient.

People in emergency shelters and transition houses

9 For a family unit receiving accommodation and care in an emergency shelter or transition house, the amount referred to in

section 24 (a)

[ amount of disability assistance ] of this regulation is

(

a) the actual cost, if any, to the family unit of the accommodation and care at the rate approved by the minister for the type of emergency shelter or transition house, plus

(

b) a comforts allowance of $85 for each calendar month for each person in the family unit.

Schedule B

Net Income Calculation

(section 24 (b) )

Deduction and exemption rules

1 When calculating the net income of a family unit for the purposes of

section 24 (b)

[ amount of disability assistance ] of this regulation,

(

a) the following are exempt from income:

(

i) any income earned by a dependent child attending school on a full-time basis;

(ii) the basic family care rate paid for foster homes;

(iii) income assistance paid to a child in the home of a relative;

(iv) a family bonus, except the portion treated as unearned income under

section 10 (1) of this Schedule;

(

v) the basic child tax benefit;

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

(vii) a sales tax credit under the Income Tax Act (British Columbia);

(

x) individual payments granted by the government of British Columbia to a person infected by the human immunodeficiency virus or to the surviving spouse or dependent children of that person;

(xii) money from a lump-sum settlement paid or payable by the government of British Columbia to persons awarded compensation by an adjudicative panel in respect of claims of abuse at Jericho Hill School for the Deaf;

(xiii) the BC earned income benefit;

(xiv) money paid or payable under the 1986-1990 Hepatitis C Settlement Agreement made June 15, 1999, except money paid or payable under

section 4.02 or 6.01 of

Schedule A or of

Schedule B of that agreement;

(xv) a rent subsidy provided by the provincial government, or by a council, board, society or governmental agency that administers rent subsidies from the provincial government;

(xvii) money paid or payable to a person in settlement of a claim of abuse at an Indian residential school, except money paid or payable as income replacement in the settlement;

(xviii) post adoption assistance payments provided under

section 28 (1) or 30.1 of the Adoption Regulation, B.C. Reg. 291/96;

(xx) money paid by the government of British Columbia, under a written agreement, to a person with disabilities or to a trustee for the benefit of a person with disabilities to enable the person with disabilities to live in the community instead of in an institution,

(

b) any amount garnished, attached, seized, deducted or set off from income is considered to be income, except the deductions permitted under sections 2 and 6,

(

c) all earned income must be included, except the deductions permitted under

section 2 and any earned income exempted under sections 3 and 4, and

(

d) all unearned income must be included, except the deductions permitted under

section 6 and any income exempted under sections 7 and 8.

Deductions from earned income

2 The only deductions permitted from earned income are the following:

(

a) any amount deducted at source for

(

i) income tax,

(ii) employment insurance,

(iii) medical insurance,

(iv) Canada Pension Plan,

(

v) superannuation,

(vi) company pension plan, and

(vii) union dues;

(

b) if the applicant or recipient provides both room and board to a person at the applicant's or recipient's place of residence, the essential operating costs of providing the room and board;

(

c) if the applicant or recipient rents rooms that are common to and part of the applicant's or recipient's place of residence, 25% of the gross rent received from the rental of the rooms.

Exemption — earned income

(1) The amount of earned income calculated under subsection (2) is exempt for a family unit if

(

a) a recipient in the family unit has been receiving continuously for the 3 calendar months immediately preceding the calendar month for which the exemption is claimed

(

i) disability assistance under the Act,

(ii) income assistance under the Employment and Assistance

Act ,

(iii) disability assistance or income assistance under a former Act,

(iv) a youth allowance under the BC Benefits (Youth Works)

Act , or

(

v) any combination of the assistance and allowances referred to in subparagraphs (

i) to (iv), and

(

b) the income is earned by a person with disabilities.

(2) The exempt amount for a family unit that qualifies under subsection (1) is calculated as the lesser of

(i) $300, and

(ii) the family unit's total earned income in the calendar month of calculation.

Small business exemption

(1) In this

section and

section 5,

"permitted operating expenses" means costs, charges and expenses incurred by a person in the operation of a small business, under a self-employment program in which the person is participating, for the following:

(

a) purchase of supplies and products;

(

b) accounting and legal services;

(

c) advertising;

(

d) taxes, fees, licences and dues incurred in the small business;

(

e) business insurance;

(

f) interest and bank charges;

(

g) maintenance and repairs to equipment;

(

h) gross wages paid t