I APPEAL# PART C -Decision under Appeal The decision under appeal is the Ministry of Social Development and Social Innovation (the "ministry") reconsideration decision of June 24, 2014 wherein the ministry determined that under section 1 0 Employment and Assistance Regulation (EAR) the appellant is ineligible for income assistance because his net income as calculated under Schedule B, EAR exceeds his assistance rate as set out in Schedule A, EAR. The ministry determined the appellant's unearned income (rental) of $950 per month (less utilities) exceeds his maximum assistance rate of $61 0 per month. PART D -Relevant Legislation EAR -section 1, 10 and 33; Schedule A sections 1, 2 and 4; Schedule B sections 1, 6, 7 and 8. EMT003(10/06l01)
I APPEAL# PART E -Summary of Facts The evidence before the ministry at the time of reconsideration: • Utility gas bills for months of December 2013- $157 .1 O; January 2014 -$154.50; February 2014- $172.08; March 2014 -$143.71; April 2104-$122.85; and May 2014-$95.05; • Utility hydro bill for months of December 2013 -S $269.54; January 2014 -$270.99; March 2014 -$232.31; April -$83.50; May 2014-$125.36; • 10 Day Notice to End Tenancy for Unpaid Rent or Utilities signed by appellant, as landlord, dated January 3 th , 2014 for unpaid rent of $950 for the month of January 2014 for a suite in appellant's residence; • Shelter Information date stamped by the ministry on June 24 th , 2013 indicating the named person (renter #1) is sharing the rent of a basement suite in the appellant's residence for $950 per month; • BC Assessment Roll report dated January 15 th , 2014 for the appellant's residence indicates the "actual use" of the residence where the appellant lives is a single family home; • Letter from appellant's solicitor to ministry dated May 28 th , 2014 stating that he is representing the appellant with respect to a matrimonial action and that the residence where the appellant resides is jointly owned by the appellant and his estranged wife; that the appellant requires shelter support from the ministry of $375 to assist him to make his mortgage payments; that the home is being listed for sale; • For Sale realty listing dated June 5 th , 2014 for the property jointly owned by appellant and his wife; • Receipt dated May 29 th , 2014 issued to appellant in amount of $290 for dental work; • Request for Reconsideration dated June 4 th , 2014; • Attached to the appellant's Request for Reconsideration was a letter dated June 20 1h , 2014 prepared by his advocate which states; that the appellant requests that the ministry calculate the appellant's income in accordance with section 28(b) EAR. Specifically that the deduction of essential operating costs from the appellant's monthly rental income under section 6(b) of Schedule B, EAR; that the rental income falls under the definition of unearned income under section 1 (1) EAR; that this is the appellant's only income; that deductions permitted from his monthly rental income for essential operating costs of renting a self-contained suite is 50% of your monthly gas and hydro and his portion of the mortgage as summarized on the table below; that he has been paying his wife $150 per month since January 2014; that he did not receive rental income for the month of January 2014 but did receive rent for February to June 2014; that he uses the remaining funds, as detailed on the table below under "income after deductions" to pay for food, property's cable bill, the dentist bill in May 2014, and miscellaneous other expenses; that he lives alone, the property is listed for sale and the proceeds of the sale will be held "in trust" until the matter is settled with his estranged wife; • attached to the advocate's letter was the following Table: Summary of Income and claimed deductions: Month Rental 50% Natural 50% Hydro A portion of Total deductions Income after Income Gas utility (Electricity) the mortgage claimed deductions January 0 $98.56 0 $150.00 0 0 2014 February $950.00 0 0 $150.00 $150.00 $800.00 2014 March 2014 $950.00 $100.00 0 $150.00 $250.00 $700.00 EAAT 003(10/06/01)
A p r i l 2 0 1 4 $ 9 5 0 . 0 0 $ 1 0 0 . 0 0 $ 8 2 . 0 0 M a y 2 0 1 4 $ 9 5 0 . 0 0 $ 1 0 0 . 0 0 $ 2 2 1 . 6 5 J u n e 2 0 1 4 $ 9 5 0 . 0 0 $ 1 2 9 . 8 3 $ 6 2 . 5 8 T h e d e c i s i o n t o b e r e c o n s i d e r e d s e c t i o n o f t h e R e q u e s t a p p l i e d f o r i n c o m e a s s i s t a n c e i n J a n u a r y 2 0 1 4 a n d a t t h w h e r e h e l i v e s i s c o o w n e d w i t h h i s e s t r a n g e d w i f e w h i c r e n t s o u t f o r $ 9 5 0 . 0 0 p e r m o n t h . T h e a p p e l l a n t i n d i c a t e d w i f e w h i c h i s o c c u p i e d b y h e r a n d t h e c h i l d r e n . T h e a p p e o n J a n u a r y 3 1 s t , 2 0 1 4 a n d o n t h a t d a t e t h e E m p l o y m e n t i n c o m e w i t h t h e a p p e l l a n t ; t h a t h e h a s p o t e n t i a l r e n t a l i n r e p o r t e d m o n t h l y b e c a u s e i t i s c o n s i d e r e d u n e a r n e d i n c o a p p l i c a b l e i n c o m e a s s i s t a n c e r a t e . I n t h e a d v o c a t e ' s l e t t h e d i d n o t r e c e i v e a n y r e n t a l i n c o m e f o r J a n u a r y 2 0 1 4 b 2 0 1 4 t o J u n e 2 0 1 4 i n c l u s i v e ; t h a t h e s h o u l d b e p e r m i t t e d r e n t a l p r o p e r t y w h i c h i n c l u d e s h a l f o f t h e u t i l i t y c o s t s . I n f o r m s h o w i n g t h a t t h e u t i l i t i e s w e r e i n c l u d e d i n t h e r e n t a l I n t h e 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 J u n e 2 4 t h , 2 0 1 4 t h e m a r e E O G o f t h e r e n t a l s u i t e a n d a r e p e r m i s s i b l e d e d u c t i o h o w e v e r , t h a t a m o r t g a g e p a y m e n t i s n o t a n E O G t o r e n h i s r e n t a l i n c o m e . I n t h e R e c o n s i d e r a t i o n D e c i s i o n t h e m i n i s t r y d e t e r m i n e d o n t h e T a b l e p r o v i d e d b y t h e a d v o c a t e a n d t h e u t i l i t y b i l l s T h e a p p e l l a n t ' s T a b l e i n d i c a t e d t h a t ½ o f h i s m o n t h l y g a s t h i s f i g u r e t h e g a s b i l l d a t e d M a r c h 1 8 , 2 0 1 4 l i s t s $ 1 4 3 . 2 0 1 4 l i s t s $ 9 5 . 0 5 . I n a d d i t i o n , t h e a p p e l l a n t s t a t e s t h a t ½ m i n i s t r y n o t e s t h e a p p e l l a n t ' s h y d r o b i l l s d o n o t r e f l e c t t h A p r i l 2 4 , 2 0 1 4 l i s t s $ 8 3 . 5 0 a n d M a y 2 3 , 2 0 1 4 l i s t s $ 1 2 5 . 3 T h e m i n i s t r y d e t e r m i n e d t h a t , a s s e t o u t i n S c h e d u l e A , E a p p e l l a n t w o u l d b e e l i g i b l e t o r e c e i v e , a s a s i n g l e r e c i p i e A n a p p l i c a n t ' s i n c o m e i s t o b e r e p o r t e d b y t h e 5 t h d a y o f T h e i n c o m e i s t h e n c a l c u l a t e d f o r t h e f o l l o w i n g m o n t h o f l e s s h a l f h i s h y d r o a n d n a t u r a l g a s b i l l r e c e i v e d i n M a r c h a p p l i e d t o w a r d s h i s M a y a s s i s t a n c e ; h i s r e n t a l i n c o m e l e s t o b e r e p o r t e d b y M a y 5 t h , 2 0 1 4 a n d i s a p p l i e d t o w a r d s h b i l l s r e c e i v e d i n M a r c h , A p r i l a n d M a y 2 0 1 4 s h o w a t o t a l f o r h a l f t h e g a s a n d h y d r o u t i l i t i e s . T h i s r e s u l t s i n $ 7 6 2 . 0 4 $ 7 2 9 . 5 9 ( $ 9 5 0 -2 2 0 . 4 1 ) n e t i n c o m e s w h i c h e x c e e d h i s M a E A A T 0 0 3 ( 1 0 / 0 6 / 0 1 )I A P P E A L # $ 1 5 0 . 0 0 $ 2 3 2 . 0 0 $ 7 1 8 . 0 0 $ 1 5 0 . 0 0 $ 4 7 1 . 6 5 $ 4 7 8 . 3 5 $ 1 0 0 . 0 0 $ 2 9 2 . 5 1 $ 6 5 7 . 4 9 f o r R e c o n s i d e r a t i o n s t a t e s t h a t t h e a p p e l l a n t h a d e t i m e o f h i s a p p l i c a t i o n h e i n d i c a t e d t h a t t h e h o m e h h a s a s e l f c o n t a i n e d s u i t e i n t h e b a s e m e n t w h i c h h e h e a l s o c o o w n s a s e c o n d h o m e w i t h h i s e s t r a n g e d l l a n t ' s e l i g i b i l i t y f o r i n c o m e a s s i s t a n c e w a s d e t e r m i n e d a n d A s s i s t a n c e w o r k e r ( E A W ) a d d r e s s e d r e n t a l c o m e o f $ 9 5 0 . 0 0 p e r m o n t h a n d r e n t a l i n c o m e m u s t b e m e w h i c h i s d e d u c t e d d o l l a r f o r d o l l a r f r o m t h e e r o f M a y 2 8 t h 2 0 1 4 , t h e a p p e l l a n t a c k n o w l e d g e d t h a t u t d i d r e c e i v e r e n t a l i n c o m e f o r t h e m o n t h s o f F e b r u a r y t o d e d u c t t h e e s s e n t i a l o p e r a t i n g c o s t s ( E O G ) f o r h i s 2 0 1 3 t h e a p p e l l a n t c o m p l e t e d a S h e l t e r I n f o r m a t i o n o f t h e s u i t e . i n i s t r y a g r e e d t h a t h a l f o f t h e u t i l i t i e s ( g a s a n d h y d r o ) n s f r o m t h e r e n t a l i n c o m e . T h e m i n i s t r y d e t e r m i n e d , t t h e s e l f c o n t a i n e d s u i t e a n d c a n n o t b e d e d u c t e d f r o m t h e r e w a s a d i s c r e p a n c y i n t h e u t i l i t y c o s t s a s s h o w n t h a t w e r e s u b m i t t e d i n s u p p o r t o f t h e s e e x p e n s e s . c o s t s a r e $ 1 0 0 b u t n o n e o f t h e u t i l i t y b i l l s s u p p o r t 7 1 ; f o r A p r i l 1 7 , 2 0 1 4 l i s t s $ 1 2 2 . 8 5 a n d f o r M a y 2 1 , o f h i s h y d r o c o s t s i n A p r i l 2 0 1 4 a r e $ 8 2 . 0 0 b u t t h e i s : t h e h y d r o b i l l d a t e d M a r c h 2 4 , 2 0 1 4 l i s t s $ 2 3 2 . 2 1 ; 6 . A R , t h e m a x i m u m r a t e o f i n c o m e a s s i s t a n c e t h a t t h e n t , i s $ 6 1 0 . 0 0 p e r m o n t h . t h e m o n t h f o l l o w i n g t h e m o n t h t h e i n c o m e i s r e c e i v e d . a s s i s t a n c e . T h e r e f o r e , t h e a p p e l l a n t ' s r e n t a l i n c o m e 2 0 1 4 w a s t o b e r e p o r t e d b y A p r i l 5 t h , 2 0 1 4 a n d i s s h a l f t h e h y d r o a n d g a s b i l l r e c e i v e d A p r i l 2 0 1 4 w a s i s J u n e 2 0 1 4 i n c o m e a s s i s t a n c e . T h e h y d r o a n d g a s c o s t o f $ 1 8 7 . 9 6 . $ 1 0 3 . 7 5 a n d $ 2 2 0 . 4 1 , r e s p e c t i v e l y , ( $ 9 5 0 -$ 1 8 7 . 9 6 ) , $ 8 4 6 . 2 5 ( $ 9 5 0 -$ 1 0 3 . 7 5 ) a n d y , J u n e a n d J u l y 2 0 1 4 $ 6 1 0 i n c o m e a s s i s t a n c e r a t e .
I � PP EAL # PART F -Rea sons for P anel Decis ion The i s sue unde r app eal i s the reaso n a b len ess o f the min istr y' s reconsid erati on dec i sio n of J une 24, 2 0 14 wherein the m ini s try determ ined that unde r se c t i on 1 0, EA R the appellan t i s in e l igib le f or inc om e assist a nce be c a u se his n et inc ome, as cal cul ate d un der Schedul e B , EAR , exceed s h is max imum assist a nce r ate as set out in Sche dule A, EAR. Th e leg islat i on consi d ere d: E A R Definit i ons Sectio n 1 (1) In this regulati o n : "unearned i nco me" mean s any in com e tha t i s no t earn e d i n co me , a nd inclu de s, withou t limi tatio n, mo ney or value recei ved from any of th e foll owing: (a) mo ney, a nnui ties, sto cks, bond s , sh a r es, and i nt er est b earing a ccounts or prop e r t ies; (b ) coo perati ve as sociat ions as defi n e d in the Real Estate D evelo pmen t M arke ting Ac t, ( B. C. R e g . 518/2004) (c) w ar disabi l i ty pension s, m ilit ary pe nsi ons a nd war veterans' allowances; (d ) i nsuranc e benef i ts, ex cep t insu r anc e p a id as co mpensa tion f or a d e st roye d as set ; ( e ) s u perann u a t i o n benefi t s ; (f) any type or c lass of Can ada P ensi on P lan b ene f i ts; ( g ) employm ent insura n c e; ( h) u nion or lodge b enefi ts ; (i) fin a ncia l assistance provide d unde r th e Employm e nt and Ass i s t ance for Perso n s with D isab ilit ies Act or provided by anoth er p r o v i nce or j u risdic ti on; 0 ) w or ke r s' co mpe nsa ti o n benefit s and disa bility p ay me nts o r pe nsions; ( k) sur v iving s pous es' or o rphans' allowa nces ; (B.C. R eg. 363 /2012) (I) a trust or inh eritanc e; ( m) renta l of t ools, vehi cles o r equipm ent; (n) re ntal of land, self-conta in ed su ites o r o ther p roperty exc ept the pl a c e of residenc e of an appli cant o r r e cipien t; ( o ) in t erest earned o n a mortgag e or ag reeme n t f or sale ; (p) m ainten ance un d er a court order , a sep a rati on agreem en t or ot he r agreem ent ; ( q) ed u cation or training allowances, g ra nts , loans, b ursari e s or sch ol arsh ips; ( r ) a lot tery or a game of chanc e; (s) awards of compensation under the Criminal Injury Compensation Actor awards of benefits under the Crime Victim Assistance Act, other than an award paid fo r repair or replacement of damaged or de stroyed property; ( (t) any othe r f i n a n cia l aw ards or compensation; (u) Fede r al Ol d Age Security and Guaranteed Income Supplement payments; (v) financial contributions made by a sponsor pursuant to an undertaking given for the purposes of the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada); (w) tax refunds; (B.C. Reg.197/2012) Limits on income Section 10 (1) For the purposes of the Act and this regulation, "income", in relation to a family unit, includes an amount garnish ed, att a c h ed, sei z ed, deducted or se t o ff from the income o f an applicant, a recipient or a depe n d an t. (2) A family unit is not eligible for income ass istance if the net income of the family unit determ ined under Schedule B equals or exceeds the amount of income assistance determined under Schedule A for a family unit matching that family unit. EMT003(10/06/01)
I AP PEAL# Mont hly r eporting requireme n t Section 33 (1) For t h e purposes of section 11 (1) (a) [r e po rting obligations] of the Act , (a ) t he r e por t must be sub mitt e d by the 5th day of each calendar month, and (b) t he infor mat io n requ ired is all o f t he f ollowi n g, as r e qu e sted in the monthly rep o rt fo rm prescribed under the Forms Regul a t ion, (i) whether the fa m ily unit requ i r e s further assis tance; ( ii) cha n g es in the family unit 's assets; ( i i i) a l l i nc om e r e c e ived by the family unit and the source of that income; ( iv) t he employment and educa t ional circumstances of recipie nts in the family unit; ( v ) changes i n fam ily unit members hip or the marital s tatus of a re c i pient. (vi) any w a rr a n ts as described in section 15.2 (1) of the Act. (B.C. Reg. 85/2012) Schedule A -Income Assi stance Rate s -(section 2 8 (a)) Maximum amoun t of incom e assistance before deduction of ne t in come Se ction 1 (1) S ubject to this secti on a nd sec tion 3 and 6 to 1 0 o f this Sched u le, t he am ount of inco me a s si s ta n ce referred t o in sec ti o n 28 (a) [am o u nt o f inc om e ass istan ce] of t his r e gul atio n is t he s um of (a) the mon th ly s upport allowa n ce un der secti o n 2 of t his Sched ul e for a fa mi l y u n i t ma tc h ing the f amily unit of the app lic ant or r ecip ient, pl us ( b ) the shelter allo wan ce c al cula t ed unde r sec tions 4 and 5 of t his S ch e dule. (2) Despi t e subs ection (1) b ut sub ject to subs ec t ion (3) , i nco me as sist ance may no t b e pr ovi ded in respect of a d ependent child if supp ort f or th at c hild i s pr ovi ded under section 8 ( 2) or 93 ( 1 ) (g) (i i) of th e Child, Fa mily a nd C omm uni ty S ervice Act. (3) If (a ) an a p plicat i on is made by a parenting de pe nde nt chi ld un de r s e c tion 5 (4) [ap plication by parent who i s de p enden t y outh] of t his regulati on , ( b ) the family unit is fo un d elig i b le for incom e assi stanc e, and ( c ) su pport i s provi ded fo r the paren t in g de pende n t c hild or his o r h er d epe n d en t ch ild, or for both, und er sect ion 8 (2) or 93 (1) (g) (ii) of t he Ch i ld, F a m i ly a nd Co mmunity S ervice Act, the res tric t io n in s ubsection (2) does no t a p pl y , but the am ount of inc o me ass ist ance that may othe rwis e be pr ovided to the family unit i s to be reduced by the amount of that support. (B.C. Reg. 197/2012) Monthly support allowance Section 2 (0.1) For the purposes of this section : "deemed dependent children", in relation to a fa m il y u nit, m eans the pers o n s in the family unit who are deemed to be dependent children under subsection (5); "maximum adj u stment", in relation to a family unit, means the amount the family unit would receive for a calendar month as the national child benefit supplement if (a) the family unit were entitled to receive the national child benef it supplement for the calendar month, (b) the incom e of the family unit, for the purposes of calculating the national child benefit supplement, were ze r o, and (c) all dependent children and all deemed dependent children in the family unit were qualified dependants within the m ean ing of the I nc ome Tax Act (Canada); "w a rrant" has the meaning of a warrant in section 15.2 [ c onsequences in relation to outst anding arrest warrants]of the Act. (B.C. Reg. 73/2010) (B.C. Reg. 197/2012) (1) A monthly support allowance for the purpose of section 1 (a) is the sum of (a\ the amount set out in Column 3 of the followina table for a familv unit described in Column 1 of an EAA T003(1 0/06/01)
I APPEAL# 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) F ! Family unit composition ! Age or st����f applicant or recipi�nt IAmountof !support � Sole applicant/recipient Applicant/recipient is under 65 years of I ' and no dependent children age I $235.00 (2) If the family unit includes one or more dependent children or deemed dependent children, the support allowance under subsection (1 ) for a calendar month is increased by an amount equal to (a) the maximum adjustment, minus (b) the sum of (i) the family bonus, if any, paid to the family unit for the preceding calendar month, and (ii) the amount of the supplement, if any, provided to or for the family unit under section 61 [supplement for delayed, suspended or cancelled family bonus] of this regulation for the current calendar month. (3) In calculating the adjustment under subsection (2), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus must be treated as if it were paid to a person in the family unit. (B.C. Reg. 197/2012) (4) The support allowance under subsection (1) for a calendar month is not increased under subsection (2) if a person in the family unit refuses to (a) apply for the family bonus for the preceding calendar month, or (b) accept the family bonus for the preceding calendar month in respect of a dependent child in the family unit who is, or may be, a qualified dependant within the meaning of the Income Tax Act (Canada). (B.C. Reg. 197/2012) (5) If a family unit includes a person who (a) immediately before reaching 19 years of age was a dependent child in the family unit, and (b) reached that age while attending secondary school, the person is deemed to be a dependent child, for the purposes of this section, until the earlier of (c) the end of the school year in which the person reaches the age of 19 years, and (d) the date the person stops attending secondary school. Monthly shelter allowance Section 4 (1) For the purposes of this section: 'family unit" includes a child who is not a dependent child and who resides in the parent's place of residence for not less than 40% of each month, under the terms of an order or an agreement referred to in section 1 (2) of this regulation; "warrant" has the meaning of a warrant in section 15.2 [consequences in relation to outstanding arrest warrants] of the Act. (B.C. Reg. 73/2010) (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: EAAT 003(10/06/01)
I APPEAL# l1tem !Family Unit Size !Maximum Monthly Shelter I�1 -1-- 1 person j$375 ----�"�-·-��------------�- Schedule 8 -Net Income Calculation [section 28 (b)] Deduction and exemption rules When calculating the net income of a family unit for the purposes of section 28 (b) [amount of income assistance] of this regulation, (a) the following are exempt from income: (i) any income earned by a dependent child attending school on a full-time basis; (ii) the basic family care rate paid for foster homes; (iii) Repealed (B.C. Reg. 48/2010) (iv) a family bonus, except the portion treated as unearned income under section 10 (1) of this Schedule; (v) the basic child tax benefit; (vi) a goods and services tax credit under the Income Tax Act (Canada); (vii) a tax credit under section 8 [refundable sales tax credit], 8.1 [low income climate action tax credit] or 8.2 [BC harmonized sales tax credit] of the Income Tax Act (British Columbia); (B.C. Reg. 180/2010) (viii) individual redress payments granted by the government of Canada to a person of Japanese ancestry; (ix) individual payments granted by the government of Canada under the Extraordinary Assistance Plan to a person infected by the human immunodeficiency virus; (x) individual payments granted by the government of British Columbia to a person infected by the human immunodeficiency virus or to the surviving spouse or dependent children of that person; (xi) individual payments granted by the government of Canada under the Extraordinary Assistance Plan to thalidomide victims; (xii) money that is A. paid or payable to a person if the money is awarded to the person by an adjudicative panel in respect of claims of abuse at Jericho Hill School for the Deaf and drawn from a lump sum settlement paid by the government of British Columbia, or B. paid or payable to or for a person if the payment is in accordance with the settlement agreement approved by the Supreme Court in Action No. C980463, Vancouver Registry; (B.C. Reg. 276/2004) (xiii) the BC earned income benefit; (xiv) money paid or payable under the 1986-1990 Hepatitis C Settlement Agreement made June 15, 1999, except money paid or payable under section 4.02 or 6.01 of Schedule A or of Schedule B of that agreement; (xv) a rent subsidy provided by the provincial government, or by a council, board, society or governmental agency that administers rent subsidies from the provincial government; (xvi) Repealed (B.C. Reg. 197/2012) (xvii) money paid or payable to a person in settlement of a claim of abuse at an Indian residential school, except money paid or payable as income replacement in the settlement; (xviii) post adoption assistance payments provided under section 28 (1) or 30.1 of the Adoption Regulation, B.C. Reg. 291/96; (xix) a rebate of energy or fuel tax provided by the government of Canada, the government of British Columbia, or an agency of either government, (xx) Repealed (B.C. Reg. 85/2012) (xxi) payments granted by the government of British Columbia under section 8 of the Child, Family and Community Service Act [agreement with child's kin and others]; (xxii) payments granted by the government of British Columbia under the Ministry of Children and Family Development's At Home Program. (B.C. Reg. 115/2003) (xxiii) Repealed (B.C. Reg. 85/2012) (BC Reg. 209/2003) (xxiv) oavments aranted bv the Government of British Columbia under an aareement referred to in section EAAT 003(1 0/06/01)
� APPEAL# 93 (1) (g) (ii) of the Child, Family and Community Service Act, for contributions to the support of a child. (BC Reg. 209/2003) (B.C. Reg. 197/2012) (xxv) a loan that is (A) not greater that the amount contemplated by the recipient's business plan, accepted by the minister under section 77.2 of this regulation, and (B) received and used for the purposes set out in the business plan. (B.C. Reg. 462/2003) (xxvi) payments granted by the government of British Columbia under the Ministry of Children and Family Development's (A) Autism Funding: Under Age 6 Program, or (B) Autism Funding: Ages 6 -18 Program, (B.C. Reg. 22/2005) (xxvii) that portion of the maintenance paid for and passed on to a person with disabilities or a person aged 19 or older under a maintenance order or agreement filed with a court. (B.C. Reg. 91/2005) (xxviii) payments made by a health authority or a contractor of a health authority to a recipient, who is a "person with a mental disorder'' as defined in section 1 of the Mental Health Act, for the purpose of supporting the recipient in participating in a volunteer program or in a mental health or addictions rehabilitation program. (B.C. Reg. 90/2005) (xxix) a refund provided under Plan I, "Fair PharmaCare", of the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95; (B.C. Reg. 292/2005) (B.C. Reg. 32/2012) (xxx) payments provided by Community Living BC to assist with travel expenses for a recipient in the family unit to attend a self-help skills program, or a supported work placement program, approved by Community Living BC. (B.C. Reg. 192/2006) (xxxi) a Universal Child Care Benefit provided under the Universal Child Care Benefit Act (Canada). (B.C. Reg. 250/2006) (xxxii) money paid by the government of Canada, under a settlement agreement, to persons who contracted Hepatitis C by receiving blood or blood products in Canada prior to 1986 or after July 1, 1990, except money paid under that agreement as income replacement. (B.C. Reg. 195/2007) (xxxiii) money withdrawn from a registered disability savings plan, (B.C. Reg. 362/2007) (xxxiv) a working income tax benefit provided under the Income Tax Act (Canada), (B.C. Reg. 48/2008) (xxxv) Repealed (B.C. Reg. 180/2010) (xxxvi) the climate action dividend under section 13.02 of the Income Tax Act, (B.C. Reg. 94/2008) (xxxvii) money paid or payable to a person under the Criminal Injury Compensation Act as compensation for non-pecuniary loss or damage for pain, suffering mental or emotional trauma, humiliation or inconvenience that occurred when the person was under 19 years of age, (B.C. Reg. 87/2008) (xxxviii) money that is paid or payable to or for a person if the payment is in accordance with the settlement agreement approved by the Supreme Court in Action No. 8024338, Vancouver Registry. (B.C. Reg. 242/2010) (xxxix) payments granted by the government of British Columbia under the Ministry of Children and Family Development's Family Support Services program; (B.C. Reg. 85/2012) (xi) payments granted by the government of British Columbia under the Ministry of Children and Family Development's Supported Child Development program; (B.C. Reg. 85/2012) (xii) payments granted by the government of British Columbia under the Ministry of Children and Family Development's Aboriginal Supported Child Development program. (B.C. Reg. 85/2012) (xiii) money paid or payable from a fund that is established by the government of British Columbia, the government of Canada and the City of Vancouver in relation to recommendation 3.2 of the final report of the Missing Women Commission of Inquiry, (B.C. Reg. 31/2014) (b) any amount garnished, attached, seized, deducted or set off from income is considered to be income, except the deductions permitted under sections 2 and 6 of this Schedule, (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 any income exempted under sections 7 and 8 of this Schedule. EAAT 003(10/06/01)
Deductio ns from unearned i ncome S ection 6 The onl y d e d u ctions p ermitted from un ea r ned (a) any income tax deducted at source from employme (b) ess ential operating costs of r enting s elf-conta ine Exemptions -unearn ed income S ection 7 (0.1) In this secti on: "dis a bili ty -r e l ated costs" , m e ans a disabi li t y-re la ted co s t referred to in paragraph (a), (b of disabili ty -related co s t in section 13 ( 1 ) [a ssets held in trustfor person receiving specia regulation; "disability-related co s t to pr om ot e independen ce", means a of the defi nition of disability-re la te d co s t in sec t i on 13 (1) of this regulation " in tended registered di sabil ity s av in gs plan or trust" in relation [tempo ra r y ex e mpt ion of ass e ts for person app lying for di regulation, means an as set, recei ved by the person, to which the exempt "struct ured settlem ent annu it y pay m ent ", means a p ayment the annuit y c ont r act r e ferre d to in tha t su bsection. ( B. C. (1) T h e following unearned income is exe mp t: (B.C. R eg. ( a ) the portion of inte r est from a m or t ga ge on, o r agr resi d en ce if the interest is r e quired f or the am ount ow curre nt p lace of residen ce; (b) $ 50 of ea c h monthly Federal D epart ment of V eteran u nit ; (c ) a crim inal inj u r y compen sat i on awa rd or other a war u nit 's ass ets to exceed, at the time th e a w a rd is rece l i mit s] o f thi s regula t ion; (d) a p ayment made from a t r ust to o r on beha lf of a person referred to in tru st fo r per son receiv ing spe ci al ca re] of this regul at e xcl u si vely for (i) dis a bil ity-r e l ated co sts, (ii ) the a cquisition of a family uni t's p lace of re side (iii) a registere d e ducati on savi n g s pla n , or (i v) a registe r ed dis abilit y s avings plan; (d.1) subject to subsectio n (2), a structured settlement annuity payment m section 13 (2) (a) of this regulation if the payment is applied exclusively to or used exclusively for an item referred to in subparagraph (i), (ii), (iii) or (iv) of paragraph (d) of this subsection; (d.2) m oney exp end ed b y a p e rson referred to in section 13.1 (2) [temporary exemption of assets tor person applying for disability designation or receiving special care] of this regulation from an intended registered disabili ty savings plan or trust if the money is appli disability-related costs; (d.3) subject to subsection ( 2 . 1 ) , ( i ) a payment made from a trust to or on behalf of a person referre regulation, (ii) a structured settlement annuity payment that, subje referred to in section 13 (2) (a) of this regulation, or (iii) money expended by a person referred to in section 13.1 (2) of this regulation from an intended registered disability savings plan or trust if the payment, structured settlement annuity payment or money is applied exclusively to or used exclusively for disability-related costs to promote independence; 197/2012) EAAT 003(1 0/06/01) [ /\PPEA L # income are the follo w ing: nt insuranc e benef its; d suite s. ) o r (c) of t he d ef i n ition l care] of this disability-related cost referred to in paragraph (d ) ; to a person r eferred to in se ction 13.1 ( 2) s ability designation or recei ving sp ecia l ca r e] of t hi s i o n under that sec t io n appl i es; refe rred t o in subsection (2) (b ) (iii) m a d e u n der R e g . 197/2012) 83/2012 ) e emen t for s ale of, t he fam i l y unit's pr ev i ous p l a ce of i n g on t he purchase or r en t al of the famil y uni t 's s Aff airs be n e fits paid to any person in t he family d, exc ep t the am o unt t h at w ould c aus e t h e family iv ed, the li mi t a ppl icabl e und e r s ection 11 [ass et sectio n 13 (2) [asse t s held in ion, if the payment is ap plie d exclus iv e ly to or used n c e, a de t o a pe r s on ref erred to in ed exclusively to or u sed ex clusively for d to in section 13 ( 2 ) of this ct to subsection (2), is made to a person (B.C. Reg. 83/2012) (B.C. Reg.
� APPEAL# (e) the portion of Canada Pension Plan Benefits that is calculated by the formula (A -B) x C, where A = the gross monthly amount of Canada Pension Plan Benefits received by an applicant or recipient; B = (i) in respect of a family unit comprised of a sole applicant or a sole recipient with no dependent children, 1/12 of the amount determined under section 118 (1) (c) of the Income Tax Act (Canada) as adjusted under section 117.1 of the Act; or (ii) in respect of any other family unit, the amount under subparagraph (i), plus 1/12 of the amount resulting from the calculation under section 118 (1) (a) (ii) of the Income Tax Act (Canada) as adjusted under section 117.1 of that Act; C = the sum of the percentages of taxable amounts set out under section 117 (2) (a) of the Income Tax Act (Canada) and section 4.1 (1) (a) of the Income Tax Act. (B.C. Reg. 57/2003) (f) a tax refund. (B.C. Reg. 197/2012) (2) Subsection (1) (d.1) and (d.3) (ii) applies in respect of a person only if (B.C. Reg. 197/2012) (a) the person has entered into a settlement agreement with the defendant in relation to a claim for damages in respect of personal injury or death, and (b) the settlement agreement requires the defendant to (i) make periodic payments to the person for a fixed term or the life of the person, (ii) purchase a single premium annuity contract that (A) is not assignable, commutable or transferable, and (B) is designed to produce payments equal to the amounts, and at the times, specified in the settlement agreement, (iii) make an irrevocable direction to the issuer of the annuity contract to make all payments under that annuity contract directly to the person, and (iv) remain liable to make the payments required by the settlement agreement. (B.C. Reg. 83/2012) (2.1) The maximum amount of the exemption under subsection (1) (d.3) is $8 000 in a calendar year, calculated as the sum of all payments, structured settlement annuity payments and money that, during the calendar year, are applied exclusively to or used exclusively for disability-related costs to promote independence. (B.C. Reg. 197/2012) (3) Repealed (B.C. Reg. 83/2012) (B.C. Reg. 197/2012) Minister's discretion to exempt education related unearned income Section 8 (1) In this section: "education costs" means the amount required by a student for tuition, books, compulsory student fees and reasonable transportation costs for a semester; "day care costs" means the difference between a student's actual day care costs and the maximum amount of child care subsidy that is available under the Child Care Subsidy Ac/to a family unit matching the student's family unit, for a semester. (2)The minister may authorize an exemption for a student described in subsection (3) up to the sum of the student's education costs and day care costs from the total amount of (a) a training allowance, (b) student financial assistance, and (c) student grants, bursaries, scholarships or disbursements from a registered education savings plan received for the semester. (3) An exemption under subsection (2) may be authorized in respect of a student who is (a) a dependent child enrolled as a student in either a funded or an unfunded program of studies, (b) an applicant or a recipient enrolled (i) as a part-time student in an unfunded proqram of studies, or EAAT003(10/06/01)
� APPEAL ii (ii) with the prior approval of the minister, as a full-time student in an unfunded program of studies, or (c) a person in a category listed in section 29 (4) [consequences of failing to meet employmen-t related obligations} of this regulation enrolled as a part-time student in a funded program of studies. The ministry argued that the appellant is not eligible for income assistance if his net income determined under Schedule B, EAR equals or exceeds the amount of income assistance determined under Schedule A, EAR. The ministry also argued that an applicant's income is to be reported by the 5 th day of the month following the month the income is received as set out in section 33 EAR. The ministry added that the appellant's net income less his essential operating costs to rent the suite is then calculated for the following month of assistance to determine his eligibility for income assistance. The ministry argued the appellant has a self-contained suite in his home and that he received rental income of $950 per month from this unit from February 2014 to June 2014 which was not reported. The ministry argued that on his tenant's Shelter Application form he indicated the utilities (natural gas and electricity) are included with the rental of the suite so the ministry considers them as essential operating costs (ESO). The ministry stated the hydro and gas bills submitted by the appellant for March, April and May 2014 show that one-half the cost of the utilities would be $187.36, $10.375 and $220.41, respectively. The ministry argued that the appellant's rental income less half his hydro and natural gas expenses (essential operating costs) for March 2014, which was to be reported by April 5 th , 2014, is then applied towards his May income assistance and the same procedures would apply for to determine his eligibility for income assistance for June and July of 2014. The ministry stated that it does not consider a mortgage payment as an essential operating cost and so is not deducted as an expense from his rental income. The ministry argued that when the appellant's essential operating costs were deducted from his rental income his income for May, June and July 2014 would be $762.04 ($950-$187.96), $846.25 ($950-$103.75) and $729.59 ($950-220.41) which exceeds his income assistance rate of $610.00 for the same applicable periods. The appellant argued that the rental income is his only income and his only means of support and that he needs the rental income to cover his monthly costs in operating the home, purchasing food and paying for any other expenses that may arise. In the reconsideration decision the ministry agreed that the appellant is permitted to deduct one-half of the EOG(utilities) to off-set his rental income as stated in Schedule B, section 6(b) EAR. The panel finds the ministry's decision not to included mortgage payments as an EOG was reasonable. The panel finds the evidence supports the ministry's position. The evidence is that the appellant had rental income from February 2014 to June 2014 of $950.00 and that the appellant did not report this income to the ministry which is unearned income and must be considered when determining the appellant's net income under Schedule B, EAR. The evidence is that one-half of the EOG costs of renting the suite, as calculated from the utility statements provided by the appellant, were $187.96, $103. 75 and $220.41, respectively, for months of March, April and May 2014. The panel finds the appellant's net income, as calculated under Schedule B, EAR for May, June and July of 2014 would be $762.04 ($950-$187.96), $846.25 ($950-$103.75) and $729.59 ($950-220.41) respectively, which exceeds his income assistance rate of $610.00, set out in Schedule A, EAR for the same applicable periods. The panel finds the ministry's decision to determine the appellant was ineligible for income assistance because his net income as calculated under Schedule B, EAR exceeded his income assistance rate as set out in Schedule A, EAR was reasonable. Therefore, the panel confirms the ministry's decision pursuant to section 24(1)(a) and section 24(2)(a) of the Em lo ment and Assistance Act. EM T003(10/06/01)
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