PART C -Decision under Appeal The decision under appeal is the Ministry of Social Development and Social Innovation (the ministry) reconsideration decision dated January 22, 2014 which found that the appellant is not eligible for assistance as a sole recipient since she is residing with a "dependant" with whom she must be assessed as one family unit, pursuant to Sections 1 of the Employment and Assistance for Persons With Disabilities Act (EAPWDA) and Section 5 of the Employment and Assistance for Persons With Disabilities Regulation (EAPWDR). PART D -Relevant Legislation Employment and Assistance for Persons With Disabilities Regulation (EAPWDR), Section 5 Employment and Assistance for Persons With Disabilities Act (EAPWDA), Sections 1 and 1. 1
PART F -Reasons for Panel Qecision The issue on appeal is whether the ministry's decision, which found that the appellant is not eligible for assistance as a sole recipient since she is residing with a "dependant" with whom she must be assessed as one family unit, is reasonably supported by the evidence or a reasonable application of the applicable enactment in the appellant's circumstances. Section 5 of the Employment and Assistance for Persons With Disabilities Regulation (EAPWDR) provides: 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. Section 1 (1) of the Employment and Assistance for Persons With Disabilities Act (EAPWDA) provides definitions as follows: "family unit" to mean " ... an applicant or recipient and his or her dependants" "dependant", in relation to a person, means anyone who resides with the person and who (a) is the spouse of the person, (b) is a dependent child of the person, or (c) indicates a parental role for the person's dependent child. "spouse" has the meaning in section 1.1 Section 1.1 of the EAPWDA provides: Meaning of "spouse" 1.1 (1) Two persons, including persons of the same gender, are spouses of each other for the purposes of this Act if (a)they are married to each other, or (b) they acknowledge to the minister that they are residing together in a marriage-like relationship. (2)Two persons who reside together, including persons of the same gender, are spouses of each other for the purposes of this Act if (a) they have resided together for at least (i) the previous 3 consecutive months, or (ii) 9 of the previous 12 months, and (b) the minister is satisfied that the relationship demonstrates (i) financial dependence or interdependence, and (ii) social and familial interdependence, consistent with a marriage-like relationship. Ministry's position The ministry points out that Section 1 of the EAPWDA defines "family unit" to include an applicant or recipient and his or her dependants, and the definition of "dependant" includes a person who resides with the person and is the spouse of the person. The meaning of "spouse" for the purposes of the EAPWDA, as set out in Section 1.1 (2), includes two persons who have resided together for at least the revious 3 consecutive months where the minist is satisfied that the relationshi demonstrates
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