P A R T C D e c i s i o n u n d e r A p p e a l T h e d e c i s i o n u n d e r a p p e a l i s t h e M i n i s t r y o f S o c i a l D e v e l o p m e n t a n d S o c i a l I n n o v a t i o n ( t h e " m i n i s t ry " ) r e c o n s i d e r a t i o n d e c i s i o n o f D e c e m b e r 2 7 , 2 0 1 3 , w h i c h f o u n d t h a t t h e a p p e l l a n t w a s n o t e l i g i b l e f o r i n c o m e a s s i s t a n c e f o r t h e m o n t h o f D e c e m b e r , 2 0 1 3 u n d e r S e c t i o n 1 0 ( 4 ) o f t h e E m p l o y m e n t a n d A s s i s t a n c e R e g u l a t i o n ( E A R ) d u e t o h a v i n g r e c e i v e d i n c o m e i n e x c e s s o f t h e l e g i s l a t e d l i m i t , a s w e l l a s f o r f a i l u r e t o p r o v i d e i n f o r m a t i o n r e q u e s t e d b y t h e m i n i s t r y u n d e r S e c t i o n 1 0 ( 2 ) o f t h e E m p l o y m e n t a n d A s s i s t a n c e A c t ( E A A ) . P A R T D R e l e v a n t L e g i s l a t i o n E m p l o y m e n t a n d A s s i s t a n c e A c t ( E A A ) , S e c t i o n 1 0 E m p l o y m e n t a n d A s s i s t a n c e R e g u l a t i o n ( E A R ) , S e c t i o n 1 , S e c t i o n 1 0 , S c h e d u l e A ( 1 ) a n d ( 2 ) , S c h e d u l e B ( 1 ) ( c ) ( d ) EAA T 0 0 3 ( 1 0 / 0 6 / 0 1 )
PART E -Summarv of Facts The evide nce before the mini s t ry a t the ti me of the reconsideration decision • The appell a nt is currently r eceiving in c ome a p er mo n t h shelter al lowance and $210.00 s upport m o nth. • A detailed statement of the appel lant's bank account, dated h is banking institution, for the period of September 3, 2013 to • T h e appellant's signed Request for Re consideration Sect i on 3 of t he RF R, the appellant states that he did not thi n k that putting a cheq ue written in hi problem. Appellan t further stated that he did not gain anything from depositin h is b ank accoun t. • Sectio ns 1 a n d 2 of t he RF R, dated Dece m be whi c h o utlin es the reasons that t he appel lant was not eli as sistanc e b ene fits. T he min istry states that m ini st r y a bank s t atem ent in dicat i ng that he had re 2013. Appellant advise d the m in istry that he m i ni s tr y s t ate s that the bank sta tem ent als o indicat ove r the mon t h of O ctobe r at diffe ren t locati ons su m t o be given to the friend f o r w hom he suppose I n the r econsidera ti on de cis i on, the mi nis t r y states as ked by the min ist r y to prov ide co nf i rma t ion th a t t he h is friend ' s employe r wrote the ch eque f or him (frie nd) i as ked by the min ist r y to prov ide confirma t i on of this . I n the reconsi derat ion d ecisi on, t h e min istry fur t h er states t explained to t h e ministry that h i s fri end w as g oing th cashed his friend's cheque as a favour. Appellant stated that he was unable to provide of this becau s e it occurred in another province . The ministry confirmation of the source of income, he woul d be ineligib In hi s Notice of Appeal, the a p pella n t states t h at h e he feels that the ministry is not loo ki n g at the "whole picture". because it is in the government's ha nd s if they don't h time." EAAT 003(10/06/01) incl uded the foll owing: ssistance a s a sole recip ient, receiving $395.00 allow a nce, for a t o t al benefit of $610.00 per Nove m ber 5, 2013, pro vided by N ov ember 1, 2013. (RFR), dated Dece mber 13, 2013. In w ent to a nother p r o v i n ce to fi n d work a nd s name i n to h is bank account wo uld b e a g the cheque into r 11, 2013 , co mpl ete d by a min istry worke r, gible for December, 2013 inc ome on November 8, 2013, a pp ell an t prov ided to the c e ive d a $19 96. 00 de posi t on O ctober 4, had dep osited a pay c hequ e f o r a f r ien d. T he es that t he money dep osited was s pent and me rchants, not withdr aw n in one lu m p dly cashed the che que. that o n N o vembe r 1 3 , 2 01 3, the ap pe ll ant was c heq ue was f or his frie nd. A ppellant sta ted tha t n hi s (appellant' s ) nam e. A ppellant was h at on Dec ember 1 0 , 2 013, the ap pe ll ant r oug h ban k r uptcy and t h a t he (appe llant) ha d confirmation advised the appellant that without le for December, 201 3 incom e assistance. d i sagrees with the ministry' s decision because He adds t hat "a l l appeals are denied a ve pay a n y mone ys the(y) wi ll deny y ou every
Ad m issi bil ity o f New Inf ormation O n J an ua ry 31 , 2014, t he a ppell a nt se nt an e ma il messag e t o the EAAT off ice, inten ded for th e pan el to read at his app eal . T h e panel determin ed that the ad ditiona l i nformati on i n the em ai l was i n supp ort of th e evidence before t h e mini s t r y a t th e time of reconsider ation, t her ef ore i s ad m issible under S ec ti on 22(4 ) o f the Empl oyme nt and Assis t an ce Act (EAA). T h e app ell an t's J anua ry 3 1, 20 14's emai l mes sa ge states that he wa s not d eliber ately t ry i n g to hide mone y f r om the ministry . He w ent to anoth e r p ro vi nce to f ind w ork a n d used th e money his fri end gav e him , "t o e a t a n d have gas and f o r mote l for 4 d ays" . EAAT003(10/06/01)
PART F -Reaso ns for Panel Decision T he issu e un d er appeal i s whether the minis try's r e consideration deci sion , which fou n d the appell ant in elig i ble for inco m e assistance for the month of December, 201 3 was reasonably supporte d by the evi de n c e, or was a reaso nable app l ication of t he applicable legisl a tio n in the circ u mstances of the ap pell a nt. Specific a l ly, was the mini s try reasonable in determinin g that the ap pel l a n t re ceive d i ncome in excess of the legislated limit; the ap pel l a n t failed to p rovide i nformation r e quested by the m in is t ry ; t he ap pel l a n t wa s i neligibl e for inc ome assistance for the month of December, 201 3 ? The relev ant legi s l ation i s as fol low s : EAA : Information an d verific at ion 10. ( 1) F or the purpos es of (a) d e ter mi ning whether a perso n wanti ng to a p pl y for i n co m e ass istance or hardship assistance is el igib le t o appl y for it , (b) det er mini ng or aud iti n g eli gi b i lity for inco m e as si s t ance, h ardsh ip ass i st an c e o r a sup ple ment, ( c) asse ssing empl o yabil ity and ski lls for t h e purp ose s o f an emp loyment plan, or ( d) ass e s sing compl ia nce with the con d it io ns of a n employmen t plan, the minister may do one or more of the foll o wi ng: ( e) d irect a p e rson r e f e r re d to in paragraph (a), an applicant or a recipient to supply the minister with information within the time and in the manner specified by the minister; (f) seek verif ication of an y inf o r mation supp lied to the minister by a perso n refer red to in paragrap h (a), an appl icant or a recipient; (g) direct a person referred to in paragraph (a), an applicant or a recipient to supply verification of any information he or she supplied to the minister. (2) The minister may direct an applicant or a recipient to s u pply verific a tio n of information received by the minister if that information relates to the eligibility of the family unit for income assistance, hardship assi stance o r a supplemen t. (3) S ubsec tion (1) ( e ) to (g) applies with respect to a dependent youth for a purp o se referred to in subsection (1) (c) or (d). ( 4) If an annlicant or a recioient fails to comolv with a direction under thi s sec tion. the EMT 003( 10/06/01)
min ister may d eclare the f amily unit in eli gi ble f or a supp lement f or the pr es cr ibed period . (5) I f a d epend ent you t h fai ls to c o mply w ith a may re duce the amoun t o f i nco me assistan c e the fa mi l y unit by t he prescri be d a moun t for EAR: Sect i on 1 -D efinition s " earned i ncome" m e ans (a) any mo ney o r va lu e rec eiv ed in ex ch a n g e (b) R epea led (B.C. R eg. 197/20 12 ) (c) pensio n plan contributions that are refund create a p ension , (d) mo ney or value rece i v ed f rom pro viding r res i den c e, o r (e) mon ey or value re c e i v ed f rom ren t ing rooms that are pe rson's place of res idence; "une arned income " me ans any i n c ome that is no wit ho ut limit a t ion , money or v alue receive d from any (a) m o n e y, annu iti es, stocks, b onds, shares, and proper t i es; (b) co ope r a tiv e as soc i ations a s def i ned in the ( B. C . Re g. 518/2004) (c) war disabil ity p ensions , m il itary pe nsions ( d ) i n sura n ce benefits, e xcept insura n ce paid a ( e) supe rannuation bene f i ts; (f) any type or class of Canada P ension Plan benefits (g) em plo y ment insurance; (h) union or lodge benefits; (i) financial assistan ce provided under the Employment and Assistance for Pe Disabilities Act or provided by another province or jurisdiction; ( j) workers'compens ation benefits and d i s ability payments or pen (k) surviving spouses' or orphans' allowances; (B.C. Reg. 363/2012) (I) a trust or inheritance; (m) rental of tools, vehicles or equipment; (n) rental of land. self contained suites or other orooertv except the olace of residence EMT 003(10/06/01) or in come assistance, h a r dship ass istance d irection u nder this se ct i on , the mini ste r o r h ardsh i p as sistance p ro vided to or for t he pres cribe d p e riod . for work o r th e p ro vis ion of a se r v ice , e d beca u se ofinsu f ficie n t con t rib u t i ons to o om an d bo ard at a person 's place of c ommon to and p ar t of a t ea rned income, and includes, of t h e fol low i ng: i nterest be ari n g accoun ts or Real Estat e Developm e n t Marketi n g Ac t ; an d w a r v ete rans'a llowances; s compensation f or a d e stroye d a sset; ; rs ons with si o ns;
o f a n applicant or recip i ent ; (o) interest earned on a mortgage or agreement for sale; (p) maintenance under a court order, a separation agreement or other agreeme (q) education or tra i ning allow a nc es, grants, (r) a lottery or a game of chance; (s) awards of compensat ion under the Criminal benefits un d er the Crime Victim Assistance Act, other than an award paid for re replacemen t of damaged or destroyed pro perty; (t) any other fin ancial awards or compensa tion; (u) Federal Old Age Security and Guaranteed Income Supplement payments; (v) financi al contributi ons made by a sponsor pursuant to an undertaking g p urp o ses of the I mmigration and Refugee Prot Act (Can ada); (w) tax refunds; ( B.C. Reg . 1 97 /20 1 2 ) Lim its on in come 10 ( 1) Fo r t h e purp oses o f th e Act and thi s r egulat f amily u ni t, i nclu des an amoun t ga rnis hed, a ttached, the i ncome of a n app l icant, a re ci pien t or a dep (2) A family un i t i s not el i gible for income ass d e t e r m ined u nd e r Sche d ul e B e q ual s o r ex cee de ter min e d u n de r Schedul e A for a f amily un i Sc hedu Income Assistance Rates -(s Maximum amount of income assistance before deduction of net income 1 (1) Subje ct to this section and s e ction 3 and 6 to 10 of this Schedule, the amount of income assistance ref e rr e d to in section 28 (a) [amo regulation is the sum of (B.C. Reg. 48/2010) (B.C. Reg. 197/2012) (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. EMT 003(10/06/ 0 1 )nt; loans, bu rsaries or sch ol a rship s ; Inju ry Compensation Act or aw a rds o f pai r o r ( B.C. Reg. 344/2004) ive n for the ectio n Act (Ca nada ) or the I mmigrat i o n ion, "i nc o me" , in r e lati o n to a s e i ze d, d educte d or set of f f rom endant. i s tan c e if the n et inc om e of the fa m i l y u nit ds the a moun t of inc om e as sistance t m a t ching that fami ly un i t. le A e cti on 28 (a)) unt of income assistance] of this
Monthly support allowance (1) A monthly support allowance fo r 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 (4) for each dependent child in the family unit. (B.C. Reg. 197/2012) Age or status of applicant Amount of Item Family unit composition or recinient suooort Sole applicant/recipient and no Applicant/recipient is under 1 $235.00 dependent children 65 years of age Monthly shelter allowance (2) The monthly shelter allowance for a family unit to which section 15 (2) of the Act does not apply is the smaller of (B.C. Reg. 73/2010) (a) the family unit's actual shelter costs, and (b) the maximum set out in the following table for the applicable family size: Maximum Monthly Item Family Unit Size Shelter 1 1 person $ 3 7 5 Schedule B Net Income Calculation (section 28 (b)) Deduction and exemption rules 1 When calculating the net income of a family unit for the purposes of section 28 (b) [amount of income assistance] of this regulation, ( c) all earned income must be included, except the deductions permitted under section 2 and any earned income exempted under sections 3 and 4 of this Schedule, and (d) all unearned income must be included, except the deductions permitted under section 6 and an income exem ted under sections 7 and 8 of this Schedule. EAAT 003(10/06/01)
Panel Decision As noted above, the appellant's position is that the cheque in the amount of $1996.00, deposited into his bank account on October 4, 2013 was, in fact, money that was meant for his friend from his friend's employer. The appellant does not dispute the $1996.00 deposit into his bank account, nor that the cheque was made out to him. The ministry's position is that they requested further information regarding the cheque, as per EAA Section10(2). Because the appellant did not provide a satisfactory response, the ministry declared him ineligible for income assistance for the month of December, 2013. On the second issue determined by the ministry in its reconsideration decision, the panel finds that the ministry had no option but to consider the $1996.00 in the appellant's net income calculation under Schedule B of the EAR. Because this income amount exceeded the $610.00 of income support allowed the applicant as a sole recipient, (as per EAR, Schedule A), he was reasonably denied assistance for the month of December, 2013, in accordance with Section 10 of the EAR. Having reviewed and considered the evidence and relevant legislation, the panel finds that when requested to do so by the ministry, the appellant failed to provide any confirmation or evidence that the deposited cheque was not intended for him to keep, belonged to the appellant's friend, or was issued by the friend's employer. As the appellant failed to provide the requested information, the panel finds that the ministry's decision, which found the appellant ineligible for income support for the month of December, 2013 pursuant to Section 10 of the EAA, is a reasonable application of the legislation in the circumstances of the appellant. The panel thus confirms the ministry's decision. EMT 003(10/06/01)
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.