British Columbia Gazette Part II — B.C. Reg. 270/2019
B.C. Reg. 270/2019
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Volume 62, No. 24
270/2019
The British Columbia Gazette,
Part II
December 17, 2019
B.C. Reg. 270/2019 , deposited December 16, 2019, under the MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2019 [section 118], the EMPLOYMENT AND ASSISTANCE ACT [section 35 (2) and (3)] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26 (2) and (3)]. Order in Council 705/2019, approved and ordered December 16, 2019.
On the recommendation of the undersigned, the Lieutenant Governor, by and with
the advice and consent of the Executive Council, orders that, effective January 1,
2020,
(
a) sections 88, 90, 91, 92, 96, 99, 101, 102 and 104 of the Miscellaneous Statutes Amendment Act (No. 2), 2019 , S.B.C. 2019, c. 36, are brought into force,
(
b) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as
set out in the attached Appendix 1, and
(
c) 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. SIMPSON, Minister of Social Development and Poverty Reduction ; K. CONROY, Presiding Member of the Executive Council .
Appendix 1
Section 1 of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is
amended
(
a) in subsection (1) by adding the following definition:
"cooperative association" means a cooperative association as defined in the Real Estate Development Marketing Act ; ,
(
b) in subsection (1) in paragraph (
b) of the definition of "unearned income" by striking out " as defined in the Real Estate Development Marketing Act ",
(
c) by repealing subsection (2) and substituting the following:
(2) Subsection (2.1) applies to a child if
(
a) the child relies on both parents for the necessities of life, and
(
b) the child resides
(
i) with each parent for 50% of each month in circumstances where the parents
live in different residences, or
(ii) with both parents in circumstances where the parents live in the same residence
but are not spouses. , and
(
d) by adding the following subsections:
(2.1) For the purposes of the Act and this regulation, a child described in subsection (2)
(
a) is a dependent child of the parent who is an applicant or recipient, provided
only one of the parents is an applicant or recipient, or
(
b) if both parents are applicants or recipients, is a dependent child only of
the parent who is designated in writing by both parents.
(5) For the purposes of the Act and this regulation, two persons who are married
to each other are not spouses if the minister is satisfied that the relationship does
not demonstrate
(
a) financial dependence or interdependence, and
(
b) social and familial interdependence
consistent with a marriage-like relationship.
Section 4 (2) is amended by striking out " 3 calendar months " and substituting " 6 calendar months ".
Section 18 is repealed.
4 The following
section is added to Division 2 of
Part 3:
Retirement pension available before age 65
31.1 For the purposes of
section 14 (1) (
a) of the Act, the minister must not consider
retirement pension payments available under the Canada Pension Plan or the Quebec
Pension Plan (Quebec) to an applicant or recipient before the applicant or recipient
reaches 65 years of age to be income, assets or other means of support that would,
if accepted or pursued, enable the applicant or recipient to be completely or partly
independent of income assistance, hardship assistance or supplements.
Section 32 is amended
(
a) by adding the following subsection:
(0.1) For the purposes of
section 10 (4) (a) [information and verification] of the Act,
(
a) the amount by which the minister may reduce the income assistance or hardship
assistance of the recipient's family unit is $25 for each calendar month, and
(
b) the period for which the minister may reduce the income assistance or hardship
assistance of the recipient's family unit lasts until the recipient complies with
the direction. ,
(
b) in subsection (1) by striking out " 10 (4) " and substituting " 10 (4) (b) ",
(
c) by adding the following subsection:
(1.1) Section 10 (4) (
b) of the Act does not apply if the minister is satisfied
that the family unit is homeless or at imminent risk of becoming homeless. , and
(
d) in subsection (2) (
a) by striking out " $100 " and substituting " $25 ".
Section 33 (1) (
b) is amended by striking out " prescribed under the Forms Regulation, B.C. Reg. 87/2018 " and substituting " specified by the minister ".
Section 34 (4) is amended by striking out " A family unit ceases to be eligible for assistance if " and substituting " The minister may declare a family unit to be ineligible for assistance if ".
8 The following
section is added to
Part 4:
Hardship assistance not repayable
47.3
(1) Hardship assistance provided to a family unit under
section 44 or 46 is not repayable
if requiring the family unit to use the income or sell the assets, as applicable,
that cause the family unit to be ineligible for income assistance would put a person
in the family unit at risk of domestic violence.
(2) If hardship assistance is provided to a family unit, the family unit is not
required to repay the amount of the hardship assistance, if any, that is calculated
in accordance with
section 5 (c.1) of
Schedule D as it pertains to
section 8 (1) of
Schedule A.
Section 48 (1) is amended by striking out " housing ".
10 Sections 48.1, 49, 53, 53.1 and 54 are repealed.
11 The following sections are added:
Pre-natal shelter supplement
56.2
(1) The minister may provide a pre-natal shelter supplement of up to $195 per month
for the duration of the pregnancy if the supplement is provided to a sole recipient
without dependants who is a recipient of
(
a) income assistance under
section 2 [monthly support allowance] , 4 [monthly shelter allowance] or 6 [people receiving room and board] of
Schedule A, or
(
b) hardship assistance under
section 2 [maximum amounts of hardship assistance] or 5 (c) [calculation of maximum amounts] of
Schedule D.
(2) A sole recipient is eligible to receive the pre-natal shelter supplement while
the sole recipient is pregnant, as confirmed in writing by a medical practitioner,
nurse practitioner or registrant of the College of Midwives of British Columbia.
Christmas supplement
56.3
(1) The minister may provide an annual Christmas supplement to or for a family unit
that is eligible for income assistance or hardship 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.
Clothing supplement for people in special care facilities
56.4 The minister may provide a supplement to or for a family unit that is eligible for
income assistance or hardship assistance for the purchase of necessary clothing for
a recipient in the family unit who resides in a special care facility, except an alcohol
or 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.
Transportation to special care facilities supplement
56.5
(1) Subject to subsection (2), the minister may provide a supplement to a recipient
who is eligible for income assistance or hardship assistance for transportation to
a special care facility that is an alcohol or drug treatment centre.
(2) A supplement may be provided under this
section only
(
a) if the recipient receives the minister's approval before incurring the transportation
costs,
(
b) if there are no resources available to the recipient's family unit to pay
the transportation costs, and
(
c) for the least expensive appropriate mode of transportation.
Reconsideration or appeal supplement
56.6
(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 income assistance or hardship assistance if a recipient in the family unit delivers
a request for a reconsideration under
section 79 [how a request to reconsider a decision is made] or submits an appeal form under
section 84 [commencing an appeal] in respect of a decision that,
(
a) in the case of a family unit that is eligible for income assistance, resulted
in a discontinuation or reduction of income assistance or a supplement, or
(
b) in the case of a family unit that is eligible for hardship assistance, resulted
in a discontinuation or reduction of a supplement,
but only if the recipient agrees in writing to repay the amount of the supplement
provided under this section.
(3) A supplement under this
section may be provided for the shorter of
(
a) the period between the date that a request for reconsideration or an appeal
form is delivered or submitted and the date that the reconsideration or appeal is
determined, and
(
b) the period between the date that the income 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, as applicable:
(
a) if the request for a reconsideration or the appeal form is in respect of a
decision that resulted in a discontinuation of income assistance or a supplement,
the amount of the discontinued income 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 income assistance or a supplement, the amount
by which the income assistance or supplement was reduced.
(5) If the determination of a reconsideration or appeal that rescinded 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 income assistance or supplement, or
(
b) the amount by which the income assistance or supplement was reduced.
(6) If the determination of a reconsideration or appeal that rescinded 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.
Section 58 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) In this section, "security deposit" means a security deposit as defined in the Residential Tenancy Act , or an amount required by a cooperative association to be paid by a recipient to
the cooperative association for the same or a similar purpose as a security deposit
under the Residential Tenancy Act . ,
(
b) in subsection (2) (
b) by striking out " the recipient " and substituting " a recipient in the family unit ",
(
c) by repealing subsection (3) and substituting the following:
(3) The minister may recover the amount of a security deposit provided under subsection
(2) in accordance with
section 89 (2.1). , and
(
d) by repealing subsections (4) and (5) (d).
Section 58.1 is amended
(
a) in subsection (2) (
b) by striking out " the recipient " and substituting " a recipient in the family unit ", and
(
b) by repealing subsection (3) and substituting the following:
(3) The minister may recover the amount of a security deposit provided under subsection
(2) in accordance with
section 89 (2.1).
14 The following
section is added:
Supplement to pay a pet damage deposit
58.2
(1) In this section, "pet damage deposit" means a pet damage deposit as defined in the Residential Tenancy Act , or an amount required by a cooperative association to be paid by a recipient to
the cooperative association for the same or a similar purpose as a pet damage deposit
under the Residential Tenancy Act .
(2) The minister may provide a pet damage deposit to or for a family unit that
is eligible for income assistance or hardship assistance if
(
a) the pet damage deposit is necessary to enable the family unit to rent residential
accommodation,
(
b) a recipient in the family unit agrees in writing to repay the amount paid
under this section, and
(
c) the pet damage deposit does not exceed 50% of one month's rent for the residential
accommodation.
(3) The minister may recover the amount of a pet damage deposit provided under
subsection (2) in accordance with
section 89 (2.1).
Section 59 (4) (b) (ii) is repealed and the following substituted:
(ii) the sum of
(
A) the maximum set out in
section 2 of
Schedule A and the maximum set out in
section 4 of
Schedule A, or
(
B) the maximum set out in Table 1 of
Schedule D and the maximum set out in Table 2
of
Schedule D,
as applicable, for a family unit that matches the family unit, and .
16 Sections 69 (1) (a), 73 (1), 74, 74.01 (2) (
a) and 75 (1) are amended by striking
out " income assistance, " and substituting " income assistance or hardship assistance, ".
Section 77 (1) is amended by striking out " income assistance or a dependent child of a recipient of income assistance, " and substituting " income assistance or hardship assistance or a dependent child of a recipient of
income assistance or hardship assistance, ".
Section 81 (1) (
b) is amended by striking out "
section 54 " and substituting "
section 56.6 ".
Section 89 is amended
(
a) in subsection (1) by striking out "
section 89.1: " and substituting " sections 89.1 and 89.2: ",
(
b) in subsection (1) by adding the following definition:
"deposit debt" means a supplement provided to or for a family unit on a repayable basis under
(a)
section 58 (2) [supplement to pay a security deposit] , 58.1 (2) [supplement to pay a utility security deposit] or 58.2 (2) [supplement to pay a pet damage deposit] , or
(b)
section 56 (2) [supplement to pay a security deposit] , 56.1 (2) [supplement to pay a utility security deposit] or 56.2 (2) [supplement to pay a pet damage deposit] of the Employment and Assistance for Persons with Disabilities Regulation; ,
(
c) in subsection (1) in paragraph (
b) of the definition of "overpayment" by striking out " or 58.1 (2) [supplement to pay a utility security deposit] " and substituting " , 58.1 (2) [supplement to pay a utility security deposit] or 58.2 (2) [supplement to pay a pet damage deposit] ",
(
d) in subsection (1) in paragraph (
c) of the definition of "overpayment" by striking out " or 56.1 (2) [supplement to pay a utility security deposit] " and substituting " , 56.1 (2) [supplement to pay a utility security deposit] or 56.2 (2) [supplement to pay a pet damage deposit] ",
(
e) by repealing subsection (2) and substituting the following:
(2) Subject to sections 89.1 and 89.2, for a family unit that includes one or
more recipients who are liable for one or more overpayments, the amount that is to
be deducted for the purposes of
section 28 (1) (b) [liability for and recovery of debts under Act] of the Act is $10 each benefit month, regardless of the number of overpayments. ,
(
f) by adding the following subsection:
(2.1) Subject to sections 89.1 and 89.2, for a family unit that includes one or
more recipients who are liable for one or more deposit debts, the amount that is to
be deducted for the purposes of
section 28 (1) (
b) of the Act is $20 each benefit
month, regardless of the number of deposit debts. ,
(
g) in subsection (3) by striking out " For a family " and substituting " Subject to sections 89.1 and 89.2, for a family " and by striking out " the minimum amount " and substituting " the amount ", and
(
h) in subsections (4) (
b) and (5) (
b) by striking out " repaid " wherever it appears and substituting " recovered ".
Section 89.1 is amended
(
a) by repealing subsection (1),
(
b) in subsection (2) (
b) by striking out " 89 (3) " and substituting " 89 (2.1) or (3) ", and
(
c) by adding the following subsection:
(2.1) Section 89 (2.1) does not apply to a family unit for a benefit month if
(
a) the family unit receives income assistance under
section 8 of
Schedule A for
the benefit month, or
(b)
section 89 (3) applies to the family unit for that benefit month.
21 The following
section is added:
Recovery of more than one type of debt
89.2 (1) Subsection (2) applies if the minister is entitled to recover more than one of
the following types of debt in respect of a family unit or a recipient in a family
unit:
(
a) overpayments under
section 89 (2);
(
b) deposit debts under
section 89 (2.1);
(
c) offence overpayments
section 89 (3).
(2) The minister may recover the debts referred to in subsection (1) from the
family unit or recipient in the family unit, as applicable, by
(
a) making a deduction respecting only one of the types of debt per benefit month,
and
(
b) making the deduction in accordance with the following:
(
i) if the minister is entitled to recover debt as set out in subsection (1) (a), (
b) and (c), subsection (1) (
a) and (
c) or subsection (1) (
b) and (c), by deducting the
amount set out in
section 89 (3) until the total debt the minister is entitled to
recover under
section 89 (3) is fully recovered;
(ii) if the minister is entitled to recover debt as set out in subsection (1) (
a) and (b), by deducting the amount set out in
section 89 (2.1) until the total debt
the minister is entitled to recover under
section 89 (2.1) is fully recovered.
Schedule A is amended
(
a) in the definition of "family unit" in
section 4 (1) by striking out " and who resides " and substituting " and who relies on the parent for the necessities of life and resides " and by striking out " , under the terms of an order or an agreement referred to in
section 1 (2) of this
regulation ", and
(
b) by repealing
section 4 (6).
Section 3 (2) of
Schedule B is amended by striking out " 3 calendar months " and substituting " 6 calendar months ".
Section 1 of
Schedule C is amended in paragraph (b) (
i) of the definition of
"denture services" by striking out " 31331 " and substituting " 31321 ".
Schedule D is amended
(
a) by repealing
section 2 (1) (
a) and substituting the following:
(
a) the amount that is
(
i) the sum of
(
A) the support allowance under Table 1 that applies to the applicant's family
unit,
(
B) the shelter allowance as calculated under
section 4, and
(
C) any adjustment applicable under subsection (2), or
(ii) calculated in accordance with
section 5, and ,
(
b) by repealing
section 2 (5),
(
c) in
section 4 (1) (
a) by adding " as calculated in accordance with sections 4 (5) [monthly shelter allowance] and 5 [how actual shelter costs are calculated] of
Schedule A, " after " shelter costs, ",
(
d) in
section 4 by adding the following subsection:
(4) If the size of an applicant's family unit exceeds 10 persons, the shelter
allowance for the applicant's family unit as calculated under subsection (1) may be
increased by a maximum of $35 for each person by which the family unit exceeds 10. ,
(
e) in
section 5 by repealing paragraphs (
a) and (b), and
(
f) in
section 5 by adding the following paragraph:
(c.1)
section 8 of
Schedule A; .
Appendix 2
Section 1 of the Employment and Assistance for Persons with Disabilities Regulation,
B.C. Reg. 265/2002, is amended
(
a) in subsection (1) by adding the following definition:
"cooperative association" means a cooperative association as defined in the Real Estate Development Marketing Act ; ,
(
b) in subsection (1) in paragraph (
b) of the definition of "unearned income" by striking out " as defined in the Real Estate Development Marketing Act ",
(
c) by repealing subsection (2) and substituting the following:
(2) Subsection (2.1) applies to a child if
(
a) the child relies on both parents for the necessities of life, and
(
b) the child resides
(
i) with each parent for 50% of each month in circumstances where the parents
live in different residences, or
(ii) with both parents in circumstances where the parents live in the same residence
but are not spouses. , and
(
d) by adding the following subsections:
(2.1) For the purposes of the Act and this regulation, a child described in subsection (2)
(
a) is a dependent child of the parent who is an applicant or recipient, provided
only one of the parents is an applicant or recipient, or
(
b) if both parents are applicants or recipients, is a dependent child only of
the parent who is designated in writing by both parents.
(4) For the purposes of the Act and this regulation, two persons who are married
to each other are not spouses if the minister is satisfied that the relationship does
not demonstrate
(
a) financial dependence or interdependence, and
(
b) social and familial interdependence
consistent with a marriage-like relationship.
Section 4 (2) is amended by striking out " 3 calendar months " and substituting " 6 calendar months ".
3 The following
section is added to Division 2 of
Part 3:
Retirement pension available before age 65
27.1 For the purposes of
section 13 (1) (
a) of the Act, the minister must not consider
retirement pension payments available under the Canada Pension Plan or the Quebec
Pension Plan (Quebec) to an applicant or recipient before the applicant or recipient
reaches 65 years of age to be income, assets or other means of support that would,
if accepted or pursued, enable the applicant or recipient to be completely or partly
independent of disability assistance, hardship assistance or supplements.
Section 28 is amended
(
a) by adding the following subsection:
(0.1) For the purposes of
section 10 (4) (a) [information and verification] of the Act,
(
a) the amount by which the minister may reduce the disability assistance or hardship
assistance of the recipient's family unit is $25 for each calendar month, and
(
b) the period for which the minister may reduce the disability assistance or
hardship assistance of the recipient's family unit lasts until the recipient complies
with the direction. ,
(
b) in subsection (1) by striking out " 10 (4) " and substituting " 10 (4) (b) ",
(
c) by adding the following subsection:
(1.1) Section 10 (4) (
b) of the Act does not apply if the minister is satisfied
that the family unit is homeless or at imminent risk of becoming homeless. , and
(
d) in subsection (2) (
a) by striking out " $100 " and substituting " $25 ".
Section 29 (
b) is amended by striking out " prescribed under the Forms Regulation, B.C. Reg. 87/2018 " and substituting " specified by the minister ".
Section 30 (4) is amended by striking out " A family unit ceases to be eligible for assistance if " and substituting " The minister may declare a family unit to be ineligible for assistance if ".
7 The following
section is added to
Part 4:
Hardship assistance not repayable
42.2
(1) Hardship assistance provided to a family unit under
section 39 or 41 is not repayable
if requiring the family unit to use the income or sell the assets, as applicable,
that cause the family unit to be ineligible for disability assistance would put a
person in the family unit at risk of domestic violence.
(2) If hardship assistance is provided to a family unit, the family unit is not
required to repay the amount of the hardship assistance, if any, that is calculated
in accordance with
section 5 (c.1) of
Schedule D as it pertains to
section 8 (1) of
Schedule A.
Section 43 (1) is amended by striking out " housing ".
9 Sections 43.1, 44, 50, 50.1 and 52 are repealed.
10 The following sections are added:
Pre-natal shelter supplement
54.3
(1) The minister may provide a pre-natal shelter supplement of up to $195 per month
for the duration of the pregnancy if the supplement is provided to a sole recipient
without dependants who is a recipient of
(
a) disability assistance under
section 2 [monthly support allowance] , 4 [monthly shelter allowance] or 6 [people receiving room and board] of
Schedule A, or
(
b) hardship assistance under
section 2 [maximum amounts of hardship assistance] or 5 (c) [calculation of maximum amounts] of
Schedule D.
(2) A sole recipient is eligible to receive the pre-natal shelter supplement while
the sole recipient is pregnant, as confirmed in writing by a medical practitioner,
nurse practitioner or registrant of the College of Midwives of British Columbia.
Christmas supplement
54.4
(1) The minister may provide an annual Christmas supplement to or for a family unit
that is eligible for disability assistance or hardship 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.
Clothing supplement for people in special care facilities
54.5
(1) The minister may provide a supplement, for the purchase of necessary clothing,
to a person with disabilities who is eligible for disability assistance or hardship
assistance and receives accommodation and care in a special care facility 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.
(2) Subsection (1) does not apply if the special care facility is an alcohol or
drug treatment centre or a special care facility described in
section 8 (3) of
Schedule A.
Transportation to special care facilities supplement
54.6
(1) Subject to subsection (2), the minister may provide a supplement to a recipient
who is eligible for disability assistance or hardship assistance for transportation
to a special care facility that is an alcohol or drug treatment centre.
(2) A supplement may be provided under this
section only
(
a) if the recipient receives the minister's approval before incurring the transportation
costs,
(
b) if there are no resources available to the recipient's family unit to pay
the transportation costs, and
(
c) for the least expensive appropriate mode of transportation.
Reconsideration or appeal supplement
54.7
(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 or hardship 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 submits an appeal form under
section 84 [commencing an appeal] of the Employment and Assistance Regulation in respect of a decision that,
(
a) in the case of a family unit that is eligible for disability assistance, resulted
in a discontinuation or reduction of disability assistance or a supplement, or
(
b) in the case of a family unit that is eligible for hardship assistance, resulted
in a discontinuation or reduction of a supplement,
but only if the recipient agrees in writing to repay the amount of the supplement
provided under this section.
(3) A supplement under this
section may be provided for the shorter of
(
a) the period between the date that a request for reconsideration or an appeal
form is delivered or submitted and the date that the reconsideration or appeal is
determined, and
(
b) the period between the date that 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, as applicable:
(
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 rescinded 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 rescinded 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.
Section 56 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) In this section, "security deposit" means a security deposit as defined in the Residential Tenancy Act , or an amount required by a cooperative association to be paid by a recipient to
the cooperative association for the same or a similar purpose as a security deposit
under the Residential Tenancy Act . ,
(
b) in subsection (2) (
b) by striking out " the recipient " and substituting " a recipient in the family unit ",
(
c) by repealing subsection (3) and substituting the following:
(3) The minister may recover the amount of a security deposit provided under subsection
(2) in accordance with
section 74 (2.1). , and
(
d) by repealing subsections (4) and (5) (d).
Section 56.1 is amended
(
a) in subsection (2) (
b) by striking out " the recipient " and substituting " a recipient in the family unit ", and
(
b) by repealing subsection (3) and substituting the following:
(3) The minister may recover the amount of a utility security deposit provided
under subsection (2) in accordance with
section 74 (2.1).
13 The following
section is added:
Supplement to pay a pet damage deposit
56.2
(1) In this section, "pet damage deposit" means a pet damage deposit as defined in the Residential Tenancy Act , or an amount required by a cooperative association to be paid by a recipient to
the cooperative association for the same or a similar purpose as a pet damage deposit
under the Residential Tenancy Act .
(2) The minister may provide a pet damage deposit to or for a family unit that
is eligible for disability assistance or hardship assistance if
(
a) the pet damage deposit is necessary to enable the family unit to rent residential
accommodation,
(
b) a recipient in the family unit agrees in writing to repay the amount paid
under this section, and
(
c) the pet damage deposit does not exceed 50% of one month's rent for the residential
accommodation.
(3) The minister may recover the amount of a pet damage deposit provided under
subsection (2) in accordance with
section 74 (2.1).
Section 57 (4) (b) (ii) is repealed and the following substituted:
(ii) the sum of
(
A) the maximum set out in
section 2 of
Schedule A and the maximum set out in
section 4 of
Schedule A, or
(
B) the maximum set out in Table 1 of
Schedule D and the maximum set out in Table 2 of
Schedule D,
as applicable, for a family unit that matches the family unit; .
15 The following
section is added:
Denture supplement
63.2
(1) Subject to subsection (2), the minister may provide any health supplement set
out in
section 4.2 [denture supplements] of
Schedule C to or for a family unit in receipt of hardship assistance.
(2) A person is not eligible for a health supplement under subsection (1) unless
(
a) the person is not eligible for a supplement under
section 63 [dental supplements] , and
(
b) the person has had tooth extractions that were performed in the last 6 months
because of pain and resulted in the person requiring a full upper denture, a full
lower denture or both.
16 Sections 66 (1), 67.001, 67.01 (2) (
a) and 68 (1) are amended by striking out
" disability assistance, " and substituting " disability assistance or hardship assistance, ".
Section 70 (1) is amended by striking out " disability assistance or a dependent child of a recipient of disability assistance, " and substituting " disability assistance or hardship assistance or a dependent child of a recipient
of disability assistance or hardship assistance, ".
Section 73 (1) (
b) is amended by striking out "
section 52 " and substituting "
section 54.7 ".
Section 74 is amended
(
a) in subsection (1) by striking out "
section 74.1: " and substituting " sections 74.1 and 74.2: ",
(
b) in subsection (1) by adding the following definition:
"deposit debt" means a supplement provided to or for a family unit on a repayable basis under
(a)
section 56 (2) [supplement to pay a security deposit] , 56.1 (2) [supplement to pay a utility security deposit] or 56.2 (2) [supplement to pay a pet damage deposit] , or
(b)
section 58 (2) [supplement to pay a security deposit] , 58.1 (2) [supplement to pay a utility security deposit] or 58.2 (2) [supplement to pay a pet damage deposit] of the Employment and Assistance Regulation. ,
(
c) in subsection (1) in paragraph (
b) of the definition of "overpayment" by striking out " or 56.1 (2) [supplement to pay a utility security deposit] " and substituting " , 56.1 (2) [supplement to pay a utility security deposit] or 56.2 (2) [supplement to pay a pet damage deposit] ",
(
d) in subsection (1) in paragraph (
c) of the definition of "overpayment" by striking out " or 58.1 (2) [supplement to pay a utility security deposit] " and substituting " , 58.1 (2) [supplement to pay a utility security deposit] or 58.2 (2) [supplement to pay a pet damage deposit] ",
(
e) by repealing subsection (2) and substituting the following:
(2) Subject to sections 74.1 and 74.2, for a family unit that includes one or
more recipients who are liable for one or more overpayments, the amount that is to
be deducted for the purposes of
section 19 (1) (b) [liability for and recovery of debts under Act] of the Act is $10 each benefit month, regardless of the number of overpayments. ,
(
f) by adding the following subsection:
(2.1) Subject to sections 74.1 and 74.2, for a family unit that includes one or
more recipients who are liable for one or more deposit debts, the amount that is to
be deducted for the purposes of
section 19 (1) (
b) of the Act is $20 each benefit
month, regardless of the number of deposit debts. ,
(
g) in subsection (3) by striking out " For a family " and substituting " Subject to sections 74.1 and 74.2, for a family " and by striking out " the minimum amount " and substituting " the amount ", and
(
h) in subsections (4) (
b) and (5) (
b) by striking out " repaid " wherever it appears and substituting " recovered ".
Section 74.1 is amended
(
a) by repealing subsection (1),
(
b) in subsection (2) (
b) by striking out " 74 (3) " and substituting " 74 (2.1) or (3) ", and
(
c) by adding the following subsection:
(2.1) Section 74 (2.1) does not apply to a family unit for a benefit month if
(
a) the family unit receives disability assistance under
section 8 (1) or (2)
of
Schedule A for the benefit month, or
(b)
section 74 (3) applies to the family unit for that benefit month.
21 The following
section is added:
Recovery of more than one type of debt
74.2 (1) Subsection (2) applies if the minister is entitled to recover more than one of
the following types of debt in respect of a family unit or a recipient in a family
unit:
(
a) overpayments under
section 74 (2);
(
b) deposit debts under
section 74 (2.1);
(
c) offence overpayments under
section 74 (3).
(2) The minister may recover the debts referred to in subsection (1) from the
family unit or recipient in the family unit, as applicable, by
(
a) making a deduction respecting only one of the types of debt per benefit month,
and
(
b) making the deduction in accordance with the following:
(
i) if the minister is entitled to recover debt as set out in subsection (1) (a), (
b) and (c), subsection (1) (
a) and (
c) or subsection (1) (
b) and (c), by deducting the
amount set out in
section 74 (3) until the total debt the minister is entitled to
recover under
section 74 (3) is fully recovered;
(ii) if the minister is entitled to recover debt as set out in subsection (1) (
a) and (b), by deducting the amount set out in
section 74 (2.1) until the total debt
the minister is entitled to recover under
section 74 (2.1) is fully recovered.
Section 79 (1) is amended by striking out " B.C. Reg. 77/97 " and substituting " B.C. Reg. 79/97 ".
Schedule A is amended
(
a) in the definition of "family unit" in
section 4 (1) by striking out " and who resides " and substituting " and who relies on the parent for the necessities of life and resides " and by striking out " , under the terms of an order or an agreement referred to in
section 1 (2) of this
regulation ", and
(
b) by repealing
section 4 (6).
Schedule C is amended
(
a) in
section 1 by adding the following definition:
"denture services" means services and items that
(
a) if provided by a dentist
(
i) are set out under fee numbers 51101 to 51302 in the
Schedule of Fee Allowances –
Dentist that is effective September 1, 2017 and is published on the website of the
ministry of the minister, and
(ii) are provided at the rate set out in that
Schedule for the service or item
and the category of person receiving the service or item, and
(
b) if provided by a denturist
(
i) are set out under fee numbers 31310 to 31321 in the
Schedule of Fee Allowances –
Denturist that is effective September 1, 2017 and is published on the website of the
ministry of the minister, and
(ii) are provided at the rate set out in that
Schedule for the service or item
and the category of person receiving the service or item; , and
(
b) by adding the following section:
Denture supplements
4.2 The health supplements that may be provided under
section 63.2 [denture supplement] of this regulation are denture services.
Schedule D is amended
(
a) by repealing
section 2 (1) (
a) and substituting the following:
(
a) the amount that is
(
i) the sum of
(
A) the support allowance under Table 1 that applies to the applicant's family
unit,
(
B) the shelter allowance as calculated under
section 4, and
(
C) any adjustment applicable under subsection (2), or
(ii) calculated in accordance with
section 5, and ,
(
b) by repealing
section 2 (5),
(
c) in
section 4 (1) (
a) by adding " as calculated in accordance with sections 4 (5) [monthly shelter allowance] and 5 [how actual shelter costs are calculated] of
Schedule A, " after " shelter costs, ",
(
d) in
section 4 by adding the following subsection:
(3) If the size of an applicant's family unit exceeds 10 persons, the shelter
allowance for the applicant's family unit as calculated under subsection (1) may be
increased by a maximum of $35 for each person by which the family unit exceeds 10. ,
(
e) in
section 5 by repealing paragraphs (
a) and (b), and
(
f) in
section 5 by adding the following paragraph:
(c.1)
section 8 of
Schedule A; .
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