[_APPEAL# J PART C -Decision under Appeal The decision under appeal is the Ministry of Social Development and Social Innovation's (the Ministry's) reconsideration decision dated November 7, 2014 which held that the Appellant was not eligible for November 2014 income assistance under Section 10 of the Employment and Assistance Regulation (EAR) because the Appellant had earned income as defined in section 1 of the EAR and his September 2014 net income exceeded the allowable assistance rate for his family unit as calculated pursuant to Schedule A and Schedule B of the EAR. PART D -Relevant Legislation Employment and Assistance Act (EAA) Section 1 and 11 Employment and Assistance Regulation (EAR) Sections 1, 10, 33, Schedule A sections 1, 2, 4, 5, and Schedule B sections 1, 2, 3 EAA T003(10/06/01)
APPEAL# I PART E -Summary of Facts The Ministry was not in attendance at the hearing. After confirming that the Ministry was notified of the date and time of the hearing, the hearing proceeded under section 86(b) of the EAR. The information before the Ministry at reconsideration consisted of the following: • A copy of a cheque and pay stub, made out to the Appellant, showing a cheque issue date of September 30, 2014 for $999.90 net pay from employment. • A copy of a pay stub in the Appellant's name showing a cheque issue date of September 15, 2014 for $892.59 net pay from employment. • Request for reconsideration Section 3, dated October 30, 2014, signed by the Appellant and stating that the Appellant needs the November (income assistance) cheque because he has been let go at work, he has rent to pay and a newborn baby to buy things for. He states that his mother can no longer provide help and he did not expect to be let go and have everything go upside down. He states that he really needs this cheque until he can find another job. • A handwritten one-page submission, undated, signed by the Appellant stating that life is very hard, that life is very expensive, and that there are no jobs because of the current recession. He has four mouths to feed and needs help until he can find a job. • Notice of Appeal, dated November 21, 2014, signed by the Appellant stating that he disagrees with the Ministry's decision because he was let go from work and it wasn't until a month later that he missed his assistance cheque. The month that he got the money, he was behind on his bills and had a newborn baby that he needed to buy things for. Another reason that he disagrees with the Ministry's reconsideration decision is that it is so hard to find work and the Appellant needs the Ministry's help when he is not working. At the hearing, the Appellant stated that he was working in September 2014 and that he let the Ministry know that he was employed so they could close his file. He was let go from work and had to call the Ministry in October 2014 to start back on income assistance. The Appellant stated that his former employer held his cheque for two weeks after it was issued on September 30, 2014 and when he finally cashed the cheque, there were so many bills to pay and things to buy for his newborn baby, that the entire cheque was gone. The panel determined that the Appellant's additional oral evidence was admissible under section 22(4)(b) of the EAA as it was in support of the records before the Ministry at reconsideration, corroborating information the Ministry had with regard to the cheque issue date. The panel finds that the Appellant was a continuing recipient of income assistance (i.e. this was not a new application for income assistance). The panel finds that the Appellant was employed in September 2014 and received two cheques as a result of that employment. The first cheque was issued on September 15, 2014 and the second cheque shows an issue date of September 30, 2014. EAA T003(10/06/01)
I APPEAL # _ ___________, PART F -Reasons for Panel Decision The issue to be decided is whether the Ministry's reconsideration decision that the Appellant was not eligible for November 2014 income assistance was reasonably supported by the evidence or was a reasonable application of Section 10 of the EAR because the Appellant's September 2014 net earned income as calculated pursuant to Schedule B of the EAR exceeded the monthly allowable assistance rate for his family unit as determined under Schedule A. The legislation provides the following: Employment and Assistance Act Interpretation 1 (1) In this Act: "recipient" means the person in a family unit to or for whom income assistance, hardship assistance or a supplement is provided under this Act for the use or benefit of someone in the family unit, and includes (a) the person's spouse, if the spouse is a dependant, and (b) the person's adult dependants; Reporting obligations 11 (1) For a family unit to be eligible for income assistance, a recipient, in the manner and within the time specified by regulation, must (a) submit to the minister a report that (i) is in the form prescribed by the minister, and (ii ) contains the prescribed information, and (b) notify the minister of any change in circumstances or information that (i) may affect the eligibility of the family unit, and (ii) was previously provided to the minister. ( 2 ) A report under subsection (1) (a) is deemed not to have been submitted unless the accuracy of the information provided in it is affirmed by the signature of each recipient. Employment and Assistance Regulation Definitions 1 (1) In this regulation: "earned income" means (a) any money or value received in exchange for work or the provision of a service, Limits on income 10 (1) ... (2) A family unit is not eligible for income assistance if the net income of the family unit determined under Schedule B equals or exceeds the amount of income assistance determined under Schedule A for a family unit matching that family unit. Monthly reporting requirement 33 ( 1) For the purposes of section 11 (1) (a) [reporting obligations ] of the Act, (a) the report must be submitted by the 5th day of each calendar month, and (b) the information required is all of the following, as requested in the monthly report form prescribed under the Forms Regulation, (�C Reg' -'- . ...::.3...::.34..:.:./ 2 ...::. ...::.007-=- :...i._) ________________ ________, EAAT 003(10/06/01)
(i) whether the family unit req u ires further assista nce ; (ii) changes in the family unit's assets; ( i ii) all income re ceived b y t h e family unit and th e source of that income; (iv) t he employment and educational circumstances of recipients in the family unit; (v) changes in fam ily unit member sh ip or the marita l status of a re ci pient. (vi) any warra nts as described in section 15.2 (1) of the Act. (B.C . Reg. 8 5/ 2012) Schedule A -Income Assis tance Rates -(sectio n 28 ( a)) Maximum amoun t of income assist ance before ded u ction of net income 1 (1) Subject to this section and section 3 and 6 to 10 of this Schedule, the amount of inc o me assistance referre d to in section 28 (a ) [amou nt of income as sistance] of this regulatio n is the sum of (B.C. Reg. 48/2010) (B.C. Reg. 197/2012) (a ) the monthly support al lo w a nc e u nder section 2 of this Schedule for a famil y un i t matchi ng the family unit of the applicant or recipient, plus (b) the shelter allowance calculated und e r sections 4 and 5 of t his Schedule. (2) ... Month ly s up po rt allowan c e 2 ... (1) A monthly supp ort a ll o w ance f or the pu rpose o f se c tio n 1 (a) is the sum o f (a) th e a m ount set out in Column 3 of the follo w ing tabl e fo r a fami ly u n it d e scribed in Co lum n 1 of an applicant o r a recipie nt descr ibed in C olumn 2, plus (b) th e amou n t calculat e d in acc ordanc e wit h subse ctions (2) to (4) for each depe n dent ch i ld in t he family un i t . ( B.C. Reg . 197/2012) I tem Famil>:'. u nit compo siti o n Age or statu s o f a� � lic ant o r r ecipient A mount o f su�p.QI!_ T wo applicants/recip i e nt s B o t h appl i ca nts/recipi ent s a r e und er 65 1 2 and o ne o r more d e penden t $401. 06 yea r s of a ge chi ldren Mo nt hl y shelte r allow ance 4 (1) For the purposes of th i s se c tion: "famil y u nit" incl ud es a c h i ld w ho is n ot a d e pendent ch ild and wh o resides i n the p arent 's pla ce of r esi denc e for n ot less than 4 0% of ea c h month, u n de r the t e r m s o f a n o r de r or a n a gre em ent refe rred to in secti o n 1 (2) of thi s re gula tio n; "wa r rant " has th e meaning of a wa r rant in sec ti on 15.2 [conseque nc e s in re l ation to outstanding arre s t warrants] of th e Act. (B.C. Reg. 73/2010) (2) The monthly shelter a llow a nce for a fami ly unit to which section 15 (2) of the Act does not apply is the smaller of (B.C. Reg. 73/20 10) (a) the family unit's actual shelter costs, and (b ) the maxi mum set out in the f ol lowin g ta ble for the applicable family size: Schedule B -Net Income Calculation (section 28 (b)) Deductions from earned income 2 The onl deductions ermitted from earned income are the following: EAAT003(10/06/01)
'-A PPE A L# =1 I _ __ _ _ _ _ _ _ _ ------------------·-------------------(a) any amount deducted at source for (i) income tax, (ii) employment insurance, (iii) medical insurance, (iv) Canada Pension Plan, (v) superannuation, (vi) company pension plan, and (vii) union dues; (b) if the applicant or recipient provides both room and board to a person at the applicant's or recipient's place of residence, the essential operating costs of providing the room and board; (c) if the applicant or recipient rents rooms that are common to and part of the applicant's or recipient's place of residence, 25% of the gross rent received from the rental of the rooms. Exemption -earned income 3 (1) Subject to subsection (2), the amount of earned income calculated under subsection (6) is exempt for a family unit. (2) If an application for income assistance (part 2) form is submitted to the minister, the family unit may not claim an exemption under this section in relation to the first calendar month for which the family unit becomes eligible for income assistance unless a member of the family unit received disability assistance under the Employment and Assistance for Persons with Disabilities Act for the calendar month immediately preceding that first calendar month. (3) Unless otherwise provided under subsection (4) or (5), the amount of earned income calculated under subsection (6) (a) is exempt for a family unit that qualifies under this section. (4) The amount of earned income calculated under subsection (6) (b) is exempt for the family unit if (a) the family unit includes a sole recipent who (i) has a dependent child, or (ii) has in his or her care a foster child, and (b) the child has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment or working, on average, more that 30 hours each week. (5) The amount of earned income calculated under subsection (6) (c) is exempt for the family unit if any person in the family unit is a person who has persistent multiple barriers to employment. (6) The exempt amount for a family unit that qualifies under this section is calculated as follows: (a) in the case of a family unit to which subsection (3) applies, the exempt amount is calculated as the lesser of (i) $200, and (ii) the family unit's total earned income in the calendar month of calculation; (b) in the case of a family unit to which subsection (4) applies, the exempt amount is calculated as the lesser of (i) $300, and (ii) the family unit's total earned income in the calendar month of calculation; (c) in the case of a family unit to which subsection (5) applies, the exempt amount is calculated as the lesser of (i) $500, and (ii) the family unit's total earned income in the calendar month of calculation; (7) A transient is not entitled to an exemption under this section. (B.C. Reg. 87/2005) (B.C. Reg. 43/2006) (B.C. Reg. 57/2007) (B.C. Reg. 48/2010) (B.C. Reg. 197/2012) In its reconsideration decision, the Ministry found that the Appellant's employment income meets the definition of earned income under section 1 of the EAR, and determined that his net earned income for the month of September 2014 ($1,683.49) exceeds his November 2014 assistance rate ($1,086.06). The Ministry noted that the Appellant must report income by the 5 th day of the month following the month that the income is received. As the income was received in September, it was to be reported by October 5 th , and the income is then applied to the November assistance calculation. The Minist noted that the Appellant informed them on October 21 st that he was no Ion er em lo ed EAAT 003(10/06/01)
APPEAL# I and requires November assistance. The Appellant argues that he needs income assistance for November 2014. The Appellant did not argue that the exemptions set out in section 1 of Schedule 8 applied to him, or that the income was not earned income under section 1 of the EAR. He argued that his cheque was held by his former employer for two weeks and when he did cash his paycheque, the money was immediately used for household expenses, rent, and expenses for the newborn baby. He didn't think it was fair that he should be ineligible for November 2014 assistance because of employment income he received in October 2014, and not September 2014 as indicated on the date of issue of the cheque. The Appellant said that he understands that the Ministry thought that he had too much money, but he says that the Ministry does not look at when you when you start or stop work, but when you received the money. The Appellant stated that this was not fair and even though the cheque was held by the former employer, it didn't matter to the Ministry. The Appellant said that this is not his fault and that it is very hard to get a job and the cost of living is very expensive. The panel finds that the Ministry reasonably determined that the Appellant's paycheques are earned income as defined in section 1 (a) of the EAR because "earned income" means "any money or value received in exchange for work or the provision of a service." The panel further finds that the net amount for September 2014 calculated under Schedule B of the EAR, exceeds the income assistance rate for his family unit for November 2014 calculated under Schedule A. The Ministry's findings are reasonably supported by the evidence in the circumstances of the Appellant because the two pay stubs show that the Appellant's earned income with issue dates in September 2014, is $1,683.49 after deductions and exemptions. This exceeds his monthly income assistance rate of $1,086.06 for November. Finally, the panel finds that the Ministry's determination that the Appellant was ineligible for November 2014 income assistance under section 10 of the EAR because his earned income exceeds the assistance rate is reasonably supported by the evidence. Although the Appellant states that his paycheque dated September 30, 2014 was held by his former employer and he did not receive his pay until October, the cheques were issued on September 15 th and 30 th , 2014 and the income was reported to the Ministry in October 2014. The panel finds that the Ministry's determination that the Appellant was ineligible for assistance in November 2014 (the month after the Appellant reported his income to the Ministry) was a reasonable application of the legislation to the Appellant's circumstances. The panel finds that the Ministry's reconsideration decision was reasonably supported by the evidence and a reasonable application of the legislation in the circumstances of the Appellant and therefore confirms the decision. EAAT003(10/06/01)
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