British Columbia Gazette Part II — B.C. Reg. 21/2023
B.C. Reg. 21/2023
British Columbia — Gazette
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Volume 66, No. 3
21/2023
The British Columbia Gazette,
Part II
February 14, 2023
B.C. Reg. 21/2023 , deposited February 3, 2023, under the EMPLOYMENT AND ASSISTANCE ACT [section 35] and EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 56/2023, approved and ordered February 3, 2023.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 1, 2023,
(
a) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached Appendix 1, and
(
b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix 2.
— S. MALCOLMSON, Minister of Social Development and Poverty Reduction ; R. SINGH, Presiding Member of the Executive Council .
Appendix 1
Section 7 (3) (
b) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended by striking out " Division 1, 2, 3 or 5 " and substituting " Division 1, 2, 3, 5 or 8 ".
Section 15 is amended by striking out " income assistance or supplements " and substituting " income assistance, hardship assistance or supplements, other than a supplement under Division 8 [Housing Stability Supplement] of
Part 5, ".
Section 26 (2) (
c) is amended by striking out " sections 6 to 8 " and substituting " sections 6, 7 and 8 (2) (b) ".
Section 33 is amended by adding the following subsection:
(3) Subsection (1) does not apply if the family includes a qualifying person within the meaning of
section 66.1 of this regulation and, in that case, for the purposes of
section 11 (1) (
a) of the Act,
(
a) the report must be submitted by the 5th day of the calendar month following the calendar month in which one or more of the following occur:
(
i) a change that is listed in paragraph (b) (
i) to (v);
(ii) a family unit receives earned income as set out in paragraph (b) (vi);
(iii) a family unit receives unearned income that is compensation paid under
section 191 [temporary total disability] or 192 [temporary partial disability] of the Workers Compensation Act as set out in paragraph (b) (vii), and
(
b) the information required is all of the following, as requested in the monthly report form specified by the minister:
(
i) change in the family unit’s assets;
(ii) change in income received by the family unit and the source of that income;
(iii) change in the employment and educational circumstances of recipients in the family unit;
(iv) change in family unit membership or the marital status of a recipient;
(
v) any warrants as described in
section 15.2 (1) of the Act;
(vi) the amount of earned income received by the family unit in the calendar month and the source of that income;
(vii) the amount of unearned income that is compensation paid under
section 191 or 192 of the Workers Compensation Act received by the family unit in the calendar month.
Section 47.3 (2) is amended by striking out "
section 8 (1) " and substituting "
section 8 (2) (b) [people in special care] ".
Section 59 (4) (b) (ii) is amended by repealing clauses (
A) and (
B) and substituting the following:
(
A) the maximum set out in
section 2 of
Schedule A, the maximum set out in
section 4 of
Schedule A and any supplements provided under
section 56.2 [pre-natal shelter supplement] or Division 8 [Housing Stability Supplement] of
Part 5 of this regulation, or
(
B) the maximum set out in Table 1 of
Schedule D, the maximum set out in Table 2 of
Schedule D and any supplements provided under
section 56.2 or Division 8 of
Part 5 of this regulation, .
Section 66.1 is amended in paragraph (
b) of the definition of "qualifying person" by striking out "
section 8 (1) [people receiving special care] " and substituting "
section 8 (2) (b) [people in special care] ".
8 Sections 73 (1) (b), 74.01 (2) (
a) and 75 (1) are amended by striking out "
section 8 (1) [people receiving special care] " and substituting "
section 8 (2) (b) [people in special care] ".
Section 77.4 (3) is amended by adding " consecutive " before " monthly payments ".
10 The following Division is added to
Part 5:
Division 8 – Housing Stability Supplement
Definitions
77.6 In this Division:
"detained person" means a person described in
section 15 [effect of being in prison or other lawful place of confinement] ;
"person in special care" means a person who
(
a) receives accommodation and care in a special care facility or a private hospital, or
(
b) is admitted to a hospital because the person requires extended care;
"removed child" , in relation to a family unit, means a dependent child who is living away from the ordinary residence of the family unit under
(
a) an interim order or temporary custody order under the Child, Family and Community Service Act , or
(
b) an agreement under
section 6, 7 or 8 of that Act;
"specified person" means
(
a) a removed child,
(
b) a detained person, or
(
c) a person in special care.
Housing stability supplement
77.7
(1) The minister may provide a housing stability supplement to or for a family unit that is eligible for income assistance or hardship assistance on account of one or more of the following persons:
(
a) a deceased person who was part of the family unit, if the family unit was eligible for income assistance, disability assistance or hardship assistance for the calendar month of the death and all subsequent calendar months;
(
b) a specified person who is part of the family unit, if the family unit included the specified person in, and was eligible for income assistance, disability assistance or hardship assistance for, the calendar month in which the person became a specified person and all subsequent calendar months.
(2) The amount that may be provided as a supplement under this
section for a calendar month on account of persons described in subsection (1) (
a) or (
b) is the lesser of
(
a) the greater of zero and the difference between
(
i) the actual shelter costs of the family unit for the month, and
(ii) the shelter allowance calculated under
Schedule A or
Schedule D, as applicable, for the family unit for the month, and
(
b) the difference between
(
i) the amount that would be determined under
Schedule A,
Schedule D,
Schedule A of the Employment and Assistance for Persons with Disabilities Regulation or
Schedule D of that regulation, as applicable, for the family unit for the month if the persons were not deceased persons or specified persons, and
(ii) the amount determined under
Schedule A or
Schedule D, as applicable, of this regulation, excluding an amount described in
section 8 (2) (b) (i) [people in special care] of
Schedule A, for the family unit for the month.
Housing stability supplement – family unit with only detained persons
77.8
(1) The minister may provide a housing stability supplement to or for a family unit that includes only one or more detained persons if
(
a) the family unit included the persons in the calendar months in which the persons became detained persons and all subsequent calendar months, and
(
b) the family unit was, or would have been but for the detentions, eligible for income assistance, disability assistance or hardship assistance for the calendar months in which the persons became detained persons and all subsequent calendar months.
(2) The amount that may be provided as a supplement under this
section for a calendar month on account of the detained persons is the lesser of
(
a) the actual shelter costs of the family unit for the month, and
(
b) the income assistance or hardship assistance, as applicable, for which the family unit would be eligible for the month if the persons were not detained persons.
Time limitations
77.9
(1) Subject to subsections (2) and (3), a supplement under this Division may be provided for only 3 consecutive calendar months unless the minister authorizes up to 3 more consecutive monthly payments.
(2) The time limit in subsection (1) does not apply in relation to a supplement that is provided on account of a removed child.
(3) The time limit in subsection (1) is restarted in relation to a supplement that is provided on account of a person if
(
a) the person dies while a specified person, or
(
b) the person
(
i) was a detained person and becomes a person in care,
(ii) was a person in care and becomes a detained person,
(iii) was a person in care in a hospital or private hospital and becomes a person in care in a special care facility, or
(iv) was a person in care in a special care facility and becomes a person in care in a hospital or private hospital.
Section 89.1 is amended
(
a) in subsection (2) (
a) by striking out "
section 8 [people receiving special care] " and substituting "
section 8 (2) (b) [people in special care] ",
(
b) in subsections (2.1) (
a) and (3) (
a) by striking out "
section 8 " and substituting "
section 8 (2) (b) ", and
(
c) by adding the following subsection:
(4) Despite
section 89 (2), (2.1) and (3), a deduction under
section 28 (1) (
b) of the Act may not be made from a supplement under Division 8 [Housing Stability Supplement] of
Part 5.
Schedule A is amended
(
a) in
section 6 (1) by striking out "
section 8 " and substituting "
section 8 (2) (b) (i) [people in special care] ", and
(
b) by repealing
section 8 and substituting the following:
People in special care or otherwise living away
(1) In this section, "person in special care" and "specified person" have the same meanings as in
section 77.6 [definitions – housing stability supplement] of this regulation.
(2) For a family unit that includes one or more specified persons, the amount referred to in
section 28 (a) [amount of income assistance] of this regulation is the sum of
(
a) the amount that would be calculated under this
Schedule if the specified persons were not part of the family unit, and
(
b) for each specified person who is a person in special care,
(
i) the actual cost, if any, to the person of the accommodation and care at the rate approved by the minister for the type of the facility, and
(ii) a comforts allowance of $115.
(3) For certainty, this
section applies in relation to a family unit that includes only one or more persons in special care and, in that case, the amount referred to in subsection (2) (
a) is to be considered to be zero.
Appendix 2
Section 14 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by striking out " disability assistance or supplements " and substituting " disability assistance, hardship assistance or supplements, other than a supplement under Division 7 [Housing Stability Supplement] of
Part 5, ".
Section 23 (1.2) (
c) is amended by striking out " sections 6 to 8 " and substituting " sections 6, 7 and 8 (2) (b) ".
Section 42.2 (2) is amended by striking out "
section 8 (1) " and substituting "
section 8 (2) (b) [people in special care] ".
Section 54.5 (2) is amended by striking out " a special care facility described in
section 8 (3) of
Schedule A " and substituting " a special care facility operated by a service provider as defined in
section 1 of the Community Living Authority Act ".
Section 57 (4) (b) (ii) is amended by repealing clauses (
A) and (
B) and substituting the following:
(
A) the maximum set out in
section 2 of
Schedule A, the maximum set out in
section 4 of
Schedule A and any supplements provided under
section 54.3 [pre-natal shelter supplement] or Division 7 [Housing Stability Supplement] of
Part 5 of this regulation, or
(
B) the maximum set out in Table 1 of
Schedule D, the maximum set out in Table 2 of
Schedule D and any supplements provided under
section 54.3 or Division 7 of
Part 5 of this regulation, .
6 Sections 66 (1) (b), 67.01 (2) (
a) and 68 (1) are amended by striking out "
section 8 (1) [people receiving special care] " and substituting "
section 8 (2) (b) [people in special care] ".
Section 67 (1) (
b) is amended by striking out "
section 8 (1) [people receiving special care] " and substituting "
section 8 (2) (b) [people in special care] " and by striking out " as described in
section 8 (2) of
Schedule A ".
Section 70.3 (3) is amended by adding " consecutive " before " monthly payments ".
9 The following Division is added to
Part 5:
Division 7 – Housing Stability Supplement
Definitions
70.5 In this Division:
"detained person" means a person described in
section 14 [effect of being in prison or other lawful place of confinement] ;
"person in special care" means a person who
(
a) receives accommodation and care in a special care facility or a private hospital, other than a special care facility operated by a service provider as defined in
section 1 of the Community Living Authority Act , or
(
b) is admitted to a hospital because the person requires extended care;
"removed child" , in relation to a family unit, means a dependent child who is living away from the ordinary residence of the family unit under
(
a) an interim order or temporary custody order under the Child, Family and Community Service Act , or
(
b) an agreement under
section 6, 7 or 8 of that Act;
"specified person" means
(
a) a removed child,
(
b) a detained person, or
(
c) a person in special care.
Housing stability supplement
70.6
(1) The minister may provide a housing stability supplement to or for a family unit that is eligible for disability assistance or hardship assistance on account of one or more of the following persons:
(
a) a deceased person who was part of the family unit, if the family unit was eligible for disability assistance, income assistance or hardship assistance for the calendar month of the death and all subsequent calendar months;
(
b) a specified person who is part of the family unit, if the family unit included the specified person in, and was eligible for disability assistance, income assistance or hardship assistance for, the calendar month in which the person became a specified person and all subsequent calendar months.
(2) The amount that may be provided as a supplement under this
section for a calendar month on account of persons described in subsection (1) (
a) or (
b) is the lesser of
(
a) the greater of zero and the difference between
(
i) the actual shelter costs of the family unit for the month, and
(ii) the shelter allowance calculated under
Schedule A or
Schedule D, as applicable, for the family unit for the month, and
(
b) the difference between
(
i) the amount that would be determined under
Schedule A or
Schedule D, as applicable, for the family unit for the month if the persons were not deceased persons or specified persons, and
(ii) the amount determined under
Schedule A or
Schedule D, as applicable, excluding an amount described in
section 8 (2) (b) (i) [people in special care] of
Schedule A, for the family unit for the month.
Housing stability supplement – family unit with only detained persons
70.7
(1) The minister may provide a housing stability supplement to or for a family unit that includes only one or more detained persons if
(
a) the family unit included the persons in the calendar months in which the persons became detained persons and all subsequent calendar months, and
(
b) the family unit was, or would have been but for the detentions, eligible for disability assistance, income assistance or hardship assistance for the calendar months in which the persons became detained persons and all subsequent calendar months.
(2) The amount that may be provided as a supplement under this
section for a calendar month on account of the detained persons is the lesser of
(
a) the actual shelter costs of the family unit for the month, and
(
b) the disability assistance or hardship assistance, as applicable, for which the family unit would be eligible for the month if the persons were not detained persons.
Time limitations
70.8
(1) Subject to subsections (2) and (3), a supplement under this Division may be provided for only 3 consecutive calendar months unless the minister authorizes up to 3 more consecutive monthly payments.
(2) The time limit in subsection (1) does not apply in relation to a supplement that is provided on account of a removed child.
(3) The time limit in subsection (1) is restarted in relation to a supplement that is provided on account of a person if
(
a) the person dies while a specified person, or
(
b) the person
(
i) was a detained person and becomes a person in care,
(ii) was a person in care and becomes a detained person,
(iii) was a person in care in a hospital or private hospital and becomes a person in care in a special care facility, or
(iv) was a person in care in a special care facility and becomes a person in care in a hospital or private hospital.
Section 74.1 is amended
(
a) in subsection (2) (
a) by striking out "
section 8 (1) or (2) [people receiving special care] " and substituting "
section 8 (2) (b) [people in special care] ",
(
b) in subsections (2.1) (
a) and (3) (
a) by striking out "
section 8 (1) or (2) " and substituting "
section 8 (2) (b) ", and
(
c) by adding the following subsection:
(4) Despite
section 74 (2), (2.1) and (3), a deduction under
section 19 (1) (
b) of the Act may not be made from a supplement under Division 7 [Housing Stability Supplement] of
Part 5.
Schedule A is amended
(
a) in
section 6 (1) by striking out "
section 8 " and substituting "
section 8 (2) (b) (i) [people in special care] ", and
(
b) by repealing
section 8 and substituting the following:
People in special care or otherwise living away
(1) In this section, "person in special care" and "specified person" have the same meanings as in
section 70.5 [definitions – housing stability supplement] of this regulation.
(2) For a family unit that includes one or more specified persons, the amount referred to in
section 24 (a) [amount of disability assistance] of this regulation is the sum of
(
a) the amount that would be calculated under this
Schedule if the specified persons were not part of the family unit, and
(
b) for each specified person who is a person in special care,
(
i) the actual cost, if any, to the person of the accommodation and care at the rate approved by the minister for the type of the facility, and
(ii) a comforts allowance in the following amount:
(
A) if the person is a person with disabilities, $222;
(
B) if the person is not a person with disabilities, $115.
(3) For certainty, this
section applies in relation to a family unit that includes only one or more persons in special care and, in that case, the amount referred to in subsection (2) (
a) is to be considered to be zero.
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