PART C – Decision under Appeal
The decision under appeal is the Ministry of Social Development and Social Innovation’s (the
Ministry) reconsideration decision made under section 24.1of the Employment and Assistance for
Persons with Disabilities Regulation (EAPWDR) and dated January 31, 2017 that denied the
appellant’s request for reimbursement of a transportation support allowance, deducted from her
monthly benefits, in money in the amount of $52 per month for September and October 2016.
PART D – Relevant Legislation
Employment and Assistance for Persons with Disabilities Act (EAPWDA) section 5
Employment and Assistance for Persons With Disabilities Regulation (EAPWDR), Sections 24.1 and
29
PART E – Summary of Facts
Nature of the Appellant’s Application
The Appellant who is designated as a Person with Disabilities was in receipt of a transportation
support allowance in the form of a bus pass. She had requested that the allowance be paid to her in
money ($52 per month) instead of in the form of a bus pass, but her assistance for the months of
September 2016 through January 2017 was reduced by $52 per month, because of provision of the
allowance in the form of a bus pass. She requested reconsideration and was reimbursed $52 for
each of November 2016, December 2016 and January 2017, but was not reimbursed for the months
of September 2016 or October 2016 on the grounds that the earliest request from the appellant to
change the form of allowance was September 23, 2016.
Evidence at the Time of Reconsideration
A. The decision to be reconsidered which allowed the Appellant reimbursement of money deducted
from her monthly support in the amount of $52 for each of November 2016, December 2016 and
January 2017, but denied her reimbursement for the months of September 2016 and October 2016,
B. A letter from a social worker, the Appellant’s advocate, dated January 16, 2017 in support of the
Appellant, advising the ministry that the Appellant had requested cancellation of the bus pass in
August 2016 over the phone with a worker, but was still having money deducted from her monthly
Persons with Disabilities allowance had attempted contact with the ministry but received no return call
until September 23, 2016 when a worker left a message advising the Appellant to “consider how
much she would use the bus pass to make her decision”. The social worker also attached a printout
from the ministry website entitled “Transportation Support/BC Bus Pass for people receiving disability
assistance” said to be from the ministry website which advised, among other things, “At any time, you
can decide to contact the ministry and cancel your BC Bus Pass and instead receive your $52
Transportation Support Allowance on your next assistance payment”
C. A letter dated December 21, 2016 to the ministry from the Appellant
asking for the ministry to reconsider the bus pass issue stating that the Appellant had
previously requested to the ministry to stop the bus pass but that for the last three months the
ministry has continued to deduct $52 per month for the bus pass program.
advising that she had spoken to her MLA October 2016
requesting she be removed from the bus pass quote program, advising that she had not
authorized the deductions from her support for the months of September, October and
November 2016 and does not authorize deductions for December 16, 2016, nor for any part of
2017 unless she “I put in writing otherwise”, and asking that her name and deductions from the
bus pass program be “removed…..from the Bus program through MSDI”
Evidence Provided on Appeal
Additional Evidence - Appellant
The appellant gave evidence orally and in a written submission dated February 7, 2017 that she
placed a call to the ministry prior to August 5, 2016 with the intention of giving notice that she wished
her allowance in money instead of a bus pass and left a message, but no one returned her call. She
then called again in mid-August and left a voicemail saying that she wanted to cancel her bus pass
and have her subsidy in money. In response a ministry worker called her back, while she was riding
the skytrain in Vancouver and on another call, and left a message telling the Appellant that she had
given her notice too late, and telling the Appellant she had no choice, had to keep her “card”,
meaning her bus pass, and that’s the way it is. The Appellant then called back after listening to this
message, left her own message, but no one returned her call.
Ministry’s Position Concerning the Additional Evidence
No representative of the ministry attended the hearing.
Panel Finding Concerning the Additional Evidence
Pursuant to section 22(4)(b) of the EAA, the panel may admit as evidence only the information and
records that were before the minister when the decision being appealed was made or oral or written
testimony in support of that information and records.
The panel finds that at the time of reconsideration there was evidence concerning giving the ministry
notice that the Appellant wished her transportation support allowance in money rather than in the
form of a monthly bus pass. The panel finds that the additional evidence is admissible.
Ministry
No representative of the Ministry attended this hearing. There was facsimile confirmation that the
Ministry received the Notice of Hearing on February 15, 2017. Pursuant to section 86(b) of the
Employment and Assistance Regulation the panel proceeded with hearing the appeal.
PART F – Reasons for Panel Decision
Issue
The issue is whether or not the Ministry of Social Development and Social Innovation’s (the Ministry)
reconsideration decision made under section 24.1 of the Employment and Assistance for Persons
with Disabilities Regulation (EAPWDR) and dated January 31, 2017 that denied the appellant’s
request for reimbursement of a transportation support allowance, deducted from her monthly benefits,
in money in the amount of $52 per month for September and October 2016, was reasonably
supported by the evidence or was a reasonable application of the legislation in the circumstances of
the Appellant.
Relevant Legislation
Employment and Assistance for Persons with Disabilities Act (EAPDWA)
Disability assistance and supplements
5 Subject to the regulations, the minister may provide disability assistance or a supplement to or for a family unit that is
eligible for it.
Employment and Assistance for Persons with Disabilities Regulation (EAPWDR)
Disability assistance in the form of transportation support allowance
24.1 (1) The minister may provide to or for a family unit, for a calendar month, in respect of each applicant or recipient
who is designated as a person with disabilities in the family unit, one of the following forms of transportation support
allowance:
(a) in money, in the amount of $52;
(b) in kind, in the form of a monthly pass for the personal use of the person with disabilities to use a public
passenger transportation system in a transit service area established under section 25 of the British Columbia
Transit Act, or in a transportation service region as defined in the South Coast British Columbia Transportation
Authority Act, which is deemed to have a value in the amount of $52 for the purposes of this regulation.
Reporting requirement
29 For the purposes of section 11 (1) (a) [reporting obligations] of the Act,
(a) the report must be submitted by the 5th day of the calendar month following the calendar month in which one
or more of the following occur:
(i) a change that is listed in paragraph (b) (i) to (v);
(ii) a family unit receives earned income as set out in paragraph (b) (vi);
(iii) a family unit receives unearned income that is compensation paid under section 29 or 30 of the
Workers Compensation Act as set out in paragraph (b) (vii), and
(b) the information required is all of the following, as requested in the monthly report form prescribed under the
Forms Regulation, B.C. Reg. 95/2012:
(i) change in the family unit's assets;
(ii) change in income received by the family unit and the source of that income;
(iii) change in the employment and educational circumstances of recipients in the family unit;
(iv) change in family unit membership or the marital status of a recipient;
(v) any warrants as described in section 14.2 (1) of the Act;
(vi) the amount of earned income received by the family unit in the calendar month and the source of that
income;
(vii) the amount of unearned income that is compensation paid under section 29 or 30 of the Workers
Compensation Act received by the family unit in the calendar month.
General Scheme of the Legislation
The EAPWDA section 5 empowers the minister to provide a person designated as a Person with
Disabilities with a transportation support allowance under section 24.1 EAPWDR, either in money
($52 per month) or in the form of a bus pass.
Appellant’s Position
The Appellant’s position was that she had given notice in mid-August 2016 that she no longer wished
her transportation support allowance in the form of a bus pass but wished it in the form of money
instead and could not understand why the ministry did not act on her request, cancel the bus pass
and provide her with the allowance in money.
Ministry Position
No representative of the ministry attended the hearing.
Analysis
EAPWDA section 5, EAPWDR section 24.1(1) & (2)
Section 5 EAPWDA and section 24.1(1) EAPWDR provide that the ministry may provide a
transportation support allowance in the form of money in the amount of $52 per month or in the form
of a monthly bus pass, provided that the applicant is a Person with Disabilities. There is no age or
other requirement.
Section 24.1(2) EAPWDR provides that someone in receipt of a transportation support allowance
may give the minister notice that the person requires the other form of allowance and the minister
may provide it for a subsequent month. This section does not provide any specific period or form of
notice to be given to the Minister.
EAPWDR section 29
This section requires a person to report certain changes in that person’s circumstances by the 5
th
day of the calendar month following the calendar month in which one of those changes occurs; all of
the changes referred to in this section are changes in family income or composition. There is nothing
in this section dealing with giving notice for any other type of change.
Panel Finding
The panel finds that the Appellant is a Person with Disabilities in receipt of a transportation support
allowance and that in August 2016 she gave notice to the ministry that she wished her allowance to
be provided in the form of money rather than a bus pass.
The panel finds that in relying upon section 29 of the EAPDWR for the proposition that a person is
required to report changes by the 5
th
day of the month following the month of the change, the
reconsideration officer did not apply the legislation reasonably, because that section only applies to
changes in family income or composition, and not to a change in the form of transportation support
allowance provided under section 24.1(1) EAPDWR.
The panel finds that the reconsideration officer, in not applying section 24.1(2) of the EAPWDR,
which does not specify any specific period or form of notice when a change of type of allowance is
requested, did not apply that enactment reasonably.
Conclusion
The panel finds that the reconsideration decision, which determined that the Appellant was not
entitled to reimbursement of $52 per month for September and October 2016, was not a reasonable
application of the applicable enactments in the circumstances of the Appellant.
The panel rescinds the ministry’s decision and the Appellant is successful in her appeal.
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