APPEAL# : PART C -Decision under Appeal The decision under appeal is the May 21, 2014 reconsideration decision of the Ministry of Social Development and Social Innovation (the "ministry"), in which the ministry determined that the appellant was not eligible for a supplement for moving costs as provided in section 55 of the Employment and Assistance for Persons with Disabilities Regulation (the "EAPWDR"). In particular, the ministry found that: • The appellant had not arranged confirmed employment that would significantly promote the independence of the family unit, as required by EAPWDR s. 55(2)(a); • The moving costs were not required to move to another province or country to improve the living circumstances of the family unit, as required by EAPWDR s. 55 (2)(b); • There was no evidence that moving costs were 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 was being sold or demolished and a notice to vacate had been given, or has been condemned, as required by EAPWDR s. 55 (2)(c); • The moving costs were not required to move within or adjacent to a municipality or unincorporated area if the family unit's shelter costs would be significantly reduced as a result of the move, as required by EAPWDR s. 55 (2)(d); and • The moving costs were not required to move to another area in British Columbia to in order to avoid an imminent threat to the physical safety of any person in the family unit, as required by EAPWDR s. 55 (2)(e). PART D -Relevant Legislation Employment and Assistance for Persons with Disabilities Regulation section 55(1) and 55(2). EAAT003(10/06/01)
APPEAL # � PART E -Summary of Facts The appellant is a sole recipient of disability assistance and applied for the supplement for moving costs on March 27, 2014. On April 16, 2014 the appellant was advised by the ministry that he was ineligible for the supplement, and he requested reconsideration of that decision. The information before the ministry at the time of reconsideration included the following; • A Shelter Information form, dated December 1, 2013, signed by the appellant's landlord in Community A. The form indicates that the total rent is $1250, the appellant's share is $375 per month, and that a $185 security deposit was paid; • A Shelter Information form, dated March 30, 2014, signed by the appellant's landlord in Community B. The form indicates that the total rent is $1350, the appellant's share is $450 per month, that heat, hot water and hydro are included and the appellant's portion of the security deposit is $225; • A 2 Month Notice to End Tenancy for Landlord use of Property form, dated January 31, 2014, indicating that the appellant must vacate his rental unit, in Community A, by March 31, 2014 in order for the unit to be occupied by the landlord, landlord's spouse or close member of their family; • A handwritten moving quote, from a friend of the appellant, dated March 30, 2014, for $1400 to move the appellant from Community A to Community B; • An undated moving quote from a moving company, for $1600 to move the appellant from Community A to Community B; • A moving quote from another moving company, dated March 27, 2014, for $1890 to move the appellant from Community A to Community Bon April 2 and 3, 2014; • The appellant's Request for Reconsideration (RFR) dated April 23, 2014 in which he states that he feels that he is being unfairly treated because the situation is not his fault. He included a three page handwritten letter, stating that he feels that he is not being treated fairly because he moved to Community A with the intention of staying but 10 days after he moved into his residence, the landlord issued notice that he had to move out within two months because the house is being sold. The appellant feels that he had no choice but to move back to Community B and that the ministry is using the fact that he received a moving supplement in December 2013, to move from Community B to Community A, against him. He adds that he had checked for other places to rent near Community A and surrounding area and was unable to find anything suitable to accommodate his disability. The appellant states that most of his belongings, including a medical bed, remain in Community A and the previous landlord has been kind enough to let him keep his things there for a while, but not for much longer. He concludes that he is willing to pay back the cost of moving a little bit each month, adding that if he is unable to move his belongings, he will require money to purchase new items. In his Notice of Anneal the appellant states that he disaorees with the ministrv's reconsideration EAAT 003(10/06/01)
d ecisio n bec a u se he had n o ch oice b u t t o mov e back Community A dec i d ed to mo ve into the house himself, af t rouble o f moving the re fr o m C o mmun it y B . He ad has h ad t o see k med ic a l attent i o n an d ta ke Tylen ol du e t o n ot having hi s me dical b e d, w hich rema i n s in Community A. me et the e ligibility sta ted by the l egi slat i on, in that la ndlord wa s mo ving in, a nd that the rent a t his new r t han it was in Comm u ni ty A , p arti c u larly becau se his utilities are h e do es no t ha v e hi s be d a nd i s now havin g to ta ke co uld be je opa rdized. He co ncl u des b y a s k ing th e sit uat ion and h e lp h i m m ov e his bel ong i ngs, or to p reco mm ende d b y a med ic a l doctor i n C o m munity B. In the Reco nsiderat io n Dec ision, th e min is t ry sta tes th e requireme nt s for a moving suppl ement, as his si c ircu ms t ance s outline d i n Se ct ion 55(2 ) of t he E APW the appell an t r eceiv ed a $1200 moving s upple me nt order to avo i d an imm inent thre a t to h is s af e ty. The ministr pro vided, th e y are not satisfi ed t ha t the appella nt 's r an i mminent th r e at to his p hys ica l safety or due to c C o mmunity A and Comm unity B are not adja cent comm not result in si gnificant ly red uc e d shel ter costs, ($37 inc lu ded). T he mini s try does acknowl edge that the move wa n ted to use the resi dence, but t he accommo datio con d emned. Th e appella nt 's or a l evidence o n appeal in cluded the • The appel lant feel s that this has b ec o me an emerg bed , wh ich is loc a ted in Communi ty A, to h elp is n o w ta king Ty le nol 3s and v a liu m. • The appellant had fully intended to stay in Community A, and was moving in that the house wo u l d not be sold for tw but only 10 days after he mo ved i n , t he l a n d l b ecause t he house was bei ng sold. The appellant made arr stay; however 15 days later, the landlo r d told the a landlord wished to live in the residence. • The appellant has made arrangements with the previous landlord in Community A to store his b e longings fo r $35 p er month, until th e app ellant to Community B. • The appellan t said that he looked for alternative places to live in adjacent communities but the re is nothing available that is s ui table o r t h provided by the ministry for shelter costs. His are very small, with limited rentals available. • The appella nt's advocate added that the costs $1400, but the cos t to pur cha se a new be d , as recently recommended by a physician, would be aooroximatelv $1900, so it would cost the ministrv less to provide the movina suoolement, EAA T003(10/06/01) I AP PEAL # t o Co m munity B because his l a n d lord i n ter t he app ell a nt h a d go ne throu gh th e ded a tw o pag e hand w ritt en l e tter stat i ng that h e 3s becau se the pain i n hi s b ac k h as w or s en ed He fe els th at hi s re q u est d oe s h is resid ence was b e i n g p u t u p fo r s ale an d th e esi de nce in Community B is sign i ficant l y l ow er now inc lud ed. He adds tha t beca use medicati on to manage hi s bac k pa i n, his s obri e ty minist ry to p l ea se take a b e tter l oo k a t his ro v ide h i m wi th a ne w be d, which was r ecen tly that they are no t s atisfie d th at the appellant m e t t ua t i o n doe s n o t m e et the l o c ati ons or D R . T he ministr y stat es that in December 201 3, to m ov e from Commu nit y B to Commu nit y A i n y states t h a t, based on the inf o r m atio n e cent mo v e back to Com munity B wa s to a v o id o nfi rme d emplo y me n t. The minis t ry adds th at u niti es (200 km apart) and t hat the move did 5 + uti l i ties c ompared to $450 w i th ut i lities was req u i red b eca use the la ndlord, hi ms elf, ns were no t b e ing sol d, d e m o lish ed or following info rmatio n: ency si tu a tion and h e requir es his med ic a l a lle viate his wo rsenin g ba c k pai n, for wh ich he t o ld by the l andlord pri o r to o years due t o the cu rrent ho u s ing mar ket, ord informed the appellant that he had to leave a ngements with th e landlord to p pella nt that h e had to le a ve bec ause the can make arrangements to have them moved a t h e is able to afford wi th the amount he is advocate added that the adjacent communities to move the appellant's b elongings would be
rather than pu r chase a n ew b ed. • The a ppellant stat e d t ha t he know s many peopl Co m muni ty B, w her eas in Co m munit y A he knew were n ot ve r y g ood sup ports for him. • T he appell ant 's adv oca t e state d that in Commu lik e l y be en i n e xcess of $150, t he r e for e the n si g n ifi ca n tly l ess . • The a ppella nt ' s a dvo cat e sa id that the l a n dlo resid ence, but does h av e it lis ted for sale. • The a ppellant and his ad vocate confirmed tha s afet y i n either Co mmu n ity A or C ommu n ity The min istr y reli ed on the in f o rm atio n wit h i n th e reconsi new information. The ministry c larifi e d t h at the ap pe has n o in fl ue nc e o n the c u rren t req uest for a mov ing g ranted b e c aus e the appell a n t 's circumstances met that ti me. The min istry a ls o no ted t h at as per section 55 was bei ng sol d or t he rent h ad d ecreased sig nificant the a ppel lan t w a s mo ving wit h i n or to an ad jacen t com awa y . The panel find s that Communi ty A and Comm u ni ty con sidered a djace nt communities. EAAT003(10/06/01) I APPE AL # e a n d h a s m a ny fri end s a n d g o od support in f ew people an d h ad some family but they n ity A the a pp e lla nt's uti lity co sts wo u l d have ew rent w ith u t ilit ies included in Co m mu n ity B i s rd i n Comm unity A is not curre n tly li v i ng i n th e t t here is no j e op ard y to th e app el lant's ph y si c al B. de r a tio n d ecisio n and ot h erw ise subm i tted no ll a n t's moving supplement i n Decem ber 201 3 supp l e ment. The pr e v io us su ppl e men t w a s the e ligibi lity cri teria f or a movi ng su p pl eme nt at (2}(c ) ( d}, e v e n if t h e ap pellant's resid enc e ly, the mo v i ng su p pl eme nt w a s only avai lable if mun ity, n ot Commu nit y B, w h i ch i s 200k m B ar e more than 2 0 0km apar t and are no t
P ART F -Rea so ns f or Pane l Decision Th e i ss u e on ap peal i s the r easonabl eness o f t he w hic h the ministry determi ned that t he a p pell ant w pr o vi ded sec t i o n 55 of t he EA P WDR. Th e rel evan t l eg islation i s as fo l low s : E m p l oyme nt and Assi stan ce f or P ersons w ith D Su ppleme nts f or mo vi ng, tran sport ation and living costs 55 (1) In thi s sectio n: 11l i ving c ost 11 mea ns the cost of acc o m modation and me als; " m o vi ng cost" m e a n s the cost o f mo v ing a fa m ily uni t a n d its p " tra n sp o r tati o n cost " means the cost of tr ave llin g from on e pl 55 ( 2 ) Sub ject t o subs ec ti on s (3) a nd ( 4 ), the minister may provi dis a bilit y assistan ce o r hardship a ssistance t o a ssis t wi (a ) m o ving co s t s r e qu ired t o mo ve anywhere i n Can ada, if a con fi r med emp loym ent th at w oul d signif icant ly pro re ci pi e nt i s requi red to move to b eg i n th at empl oyment; ( b) m ov ing co s t s requ i re d t o move t o a n other p r ovince or c c i r cumstances; (c ) m oving co sts requ ired to mo ve wit hin a m un i ci pal i t y o un in co rpor ated are a beca u s e the f ami l y uni t's re no t ice to va cate ha s be en given, o r h a s be en co ndemned; ( d) moving c osts re quired t o m ove w i t hin a municip al ity or uninco un in co rpor ated area if the fam ily un it's shelter co ( e) movi n g co sts req uired to move t o a n other area i n British any pe r son i n the family unit; ( f ) transporta tion c o st s a nd li ving co sts re quire d t o at te nd a h C hil d, Famil y and C o mm unity Service Act , if a r e cipient procee d ing. (g) transportation costs, living costs, child care costs and fees resulting from (i) the required attendance of a recipient in the family unit at a hearing, or (ii) other requirements a recipient In the family unit must fulfil in connection right assi g n ed to th e ministe r under s ection Reg. 275/200 4) (3) A fa mily u nit is e l igible f or a supplement under this section only if (a) there are no resources available to the fa mily unit to cover th (b) a r ecipient I n the fam ily u nit rece ives the minister's a pproval before i (4) A sup plem e nt may be provided und er th is section only to assist with (a) the cost of the least expen sive appropriate mode of moving or transportation, and (b) in the case of a supplement under subsecti on (1) (f) or (g), the least expensive appropriate living costs. * EAAT003(10/06/01) I APPE AL# min istry 's May 2 1 , 2014 reconsi d erat ion deci sion i n a s not e li gible f or a su p pleme n t fo r movin g costs as i s abilities Regula tion ersona l e f fects f rom one pla ce t o a nothe r; ace to an ot her. d e a s up ple m ent t o o r for a f am ily un i t that is eligible f o r th one or more of the following: r ec ipient in the fam il y u nit is not w orkin g but h as a rr a ng ed mot e th e fi nanc ial i ndependence of th e fam ily un i t a nd the o unt ry , if th e family unit is requi red t o move to improve its liv ing r unin c orporat ed area or t o an adjacent muni cipal it y or nted residential accommo d at ion is being sold o r d emolis he d and a rpora te d area or to an a djacent munici pal ity or sts w oul d b e signi f ic an tl y red uc ed a s a resul t o f th e move ; Columbi a to avoid an imm in e nt t hr e at to the p hysi cal safety of eari n g re l at ing to a c hild p r ot ection proceed i ng u nder the is given no t ice of the h earing and is a pa r ty to the with the exercise of a maintenance 17 (categories that must assign mai ntenance rights). (B.C. e costs f o r which the s u pplement may be provided, and nc urring t ho se costs. * *
T h e a p p e /f a n t ' s p o s i t i o n : T h e a p p e l l a n t ' s p o s i t i o n , a s o u t l i n e d i n t h e R F R , h i a n d o r a l e v i d e n c e p r e s e n t e d a t t h e h e a r i n g , i s t h a t t h e s i t u a t i o n w i t h t h e l a n d l o r d g a v e h i m n o c h o i c e b t h e r e w e r e n o s u i t a b l e a v a i l a b l e p l a c e s i n w h i c h t o t h e c o m m u n i t i e s a r e s o s m a l l . H e c l a i m s t h a t t h e r b e c a u s e h i s u t i l i t i e s a r e n o w i n c l u d e d . H e a d d s t h a C o m m u n i t y A t o C o m m u n i t y B i s c h e a p e r t h a n t h e p u r c h a s e f o r h i m . T h e m i n i s t ry ' s p o s i t i o n : T h e m i n i s t r y d o e s n o t d i s p u t e t h a t t h e a p p e l l a n t c o t h e m i n i s t r y ' s p o s i t i o n i s t h a t t h e a p p e l l a n t d o e s n o 5 5 o f t h e E A P W D R , a s f o l l o w s : • T h e a p p e l l a n t h a d n o t d e m o n s t r a t e d t h a t h e a r r a n g e d c o n f i r m e d e m p l o y m e n t t h a t w o u l d f a m i l y u n i t , a s r e q u i r e d b y E A P W D R s . 5 5 ( 2 • T h e a p p e l l a n t h a d n o t d e m o n s t r a t e d t h a t h e p r o v i n c e o r c o u n t ry t o i m p r o v e h i s l i v i n g c i r c • T h e a p p e l l a n t h a d n o t d e m o n s t r a t e d t h a t h e u n i n c o r p o r a t e d a r e a , o r t o a n a d j a c e n t m u n i C o m m u n i t y A a r e 2 0 0 k m a p a r t ) b e c a u s e h i d e m o l i s h e d o r c o n d e m n e d a n d t h a t a n o t i c e E A P W D R s . 5 5 ( 2 ) ( c ) ; • T h e a p p e l l a n t h a s n o t d e m o n s t r a t e d t h a t h e u n i n c o r p o r a t e d a r e a , o r t o a n a d j a c e n t m u n i c c o s t s w i l l b e s i g n i f i c a n t l y r e d u c e d a s a r e s u l t ( 2 ) ( d ) , o n l y c h a n g i n g f r o m $ 3 7 5 + u t i l i t i e s c o m C o m m u n i t i e s A a n d B a r e n o t c o n s i d e r e d a d d e t e r m i n e w h a t e x a c t l y t h e a d d i t i o n a l c o s t o f s a v i n g s w e r e s i g n i f i c a n t . • F i n a l l y , t h e m i n i s t r y s t a t e s t h a t t h e r e w a s n o s a f e t y o f t h e a p p e l l a n t w h i c h w o u l d r e q u i r e h T h e p a n e l ' s d e c i s i o n : T h e p a n e l n o t e s t h a t e v e n t h o u g h t h e a p p e l l a n t m a y m o v i n g e x p e n s e s , u n d e r s e c t i o n 5 5 o f t h e E A P W D R m o v i n g s u p p l e m e n t i f h e h a s s a t i s f i e d o n e o f t h e e l i I n t h e p r e s e n t a p p e a l , t h e p a n e l f i n d s t h a t t h e a p p e l E M T 0 0 3 ( 1 0 / 0 6 / 0 1 )A P P E A L # '. s N o t i c e o f A p p e a l , a c c o m p a n y i n g s u b m i s s i o n s h e h a d f u l l y i n t e n d e d t o s t a y i n C o m m u n i t y A , b u t u t t o m o v e b a c k t o C o m m u n i t y B . H e a r g u e s t h a t m o v e w i t h i n t h e a d j a c e n t c o m m u n i t i e s b e c a u s e e n t h e p a y s i n C o m m u n i t y B i s s i g n i f i c a n t l y l o w e r t t h e c o s t o f m o v i n g h i s b e l o n g i n g s f r o m n e w m e d i c a l b e d h e i s a s k i n g t h e m i n i s t r y t o u l d n o t a f f o r d t o p a y t h e m o v i n g c o s t s ; h o w e v e r , t s a t i s f y t h e l e g i s l a t i v e c r i t e r i a s e t o u t i n s e c t i o n s r e q u i r e d a m o v i n g s u p p l e m e n t i n o r d e r t o b e g i n s i g n i f i c a n t l y p r o m o t e t h e i n d e p e n d e n c e o f t h e ) ( a ) ; r e q u i r e d a m o v i n g s u p p l e m e n t t o m o v e t o a n o t h e r u m s t a n c e s , a s r e q u i r e d b y E A P W D R s . 5 5 ( 2 ) ( b ) ; w a s m o v i n g w i t h i n a m u n i c i p a l i t y o r c i p a l i t y o r u n i n c o r p o r a t e d a r e a , ( C o m m u n i t y B a n d s r e n t a l a c c o m m o d a t i o n w a s b e i n g s o l d , t o v a c a t e h a d b e e n g i v e n , a s r e q u i r e d b y w a s m o v i n g w i t h i n a m u n i c i p a l i t y o r i p a l i t y o r u n i n c o r p o r a t e d a r e a , a n d t h a t h i s s h e l t e r o f t h e m o v e , a s r e q u i r e d b y E A P W D R . s . 5 5 p a r e d t o $ 4 5 0 w i t h u t i l i t i e s i n c l u d e d . j a c e n t a n d t h e r e w a s n o e v i d e n c e p r o v i d e d t o u t i l i t i e s w a s i n C o m m u n i t y A t o d e m o n s t r a t e i f e v i d e n c e o f a n i m m i n e n t t h r e a t t o t h e p h y s i c a l i m t o m o v e , a s r e q u i r e d b y E A P W D R s . 5 5 ( 2 ) ( e ) . n o t h a v e t h e f i n a n c i a l r e s o u r c e s t o c o v e r h i s , t h e a p p e l l a n t m a y o n l y b e e l i g i b l e t o r e c e i v e a g i b i l i t y c r i t e r i a o u t l i n e d i n s e c t i o n 5 5 ( 2 ) ( a e ) . l a n t d i d n o t d e m o n s t r a t e :
�APPEAL# • that he was moving for the reason of confirmed employment; • that he was moving to another province or country to improve his living circumstances; • that he was moving within his municipality or to an adjacent community because his previous residence was being sold, demolished or condemned; • that he was moving within his ,municipality or to an adjacent community to significantly reduce shelter costs; or that he was moving within the province to avoid imminent threat to physical safety. Accordingly, the panel finds that the ministry reasonably determined that the appellant was not eligible for moving assistance pursuant to section 55 of the EAPWDR. Conclusion For the reasons detailed above, the panel finds that the ministry decision was a reasonable application of the legislation in the circumstances of the appellant. Accordingly, the panel confirms the ministry decision. EMT003(10/06/01)
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