PART C – DECISION UNDER APPEAL
The decision under appeal is the Ministry of Social Development and Poverty Reduction (the ministry)
reconsideration decision dated June 26, 2018 which found that the appellant is not eligible for a backdated
transportation supplement. The ministry determined that a transportation supplement may be provided under
section 54.2 of the Employment and Assistance for Persons with Disabilities Regulation to a person who is eligible
for disability assistance. The ministry found that the appellant became eligible for disability assistance effective
November 1, 2017 and therefore was not eligible for a transportation supplement until that date.
PART D – RELEVANT LEGISLATION
Employment and Assistance for Persons with Disabilities Act (EAPWDA) sections 1, 3, 5
Employment and Assistance for Persons with Disabilities Regulation (EAPWDR) sections 23(1), 54.2
PART E – SUMMARY OF FACTS
Information before the minister at reconsideration included:
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A letter to the appellant from the ministry dated June 8, 2018 advising him of their decision.
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The appellant’s Request for Reconsideration dated June 12, 2018.
The appellant included with his Notice of Appeal to the Tribunal a copy of a letter to him from the ministry dated
April 17, 2018, advising him of their decision to approve his request for backdated income assistance from May,
2016 to April, 2017. The Panel accepted this information as part of the appellant’s argument.
At the hearing, the appellant referred to his appeal regarding the effective date of his PWD designation, bearing in
mind that a supplement cannot be provided to an applicant who is not eligible for it. The appellant stated that his
original application for income assistance had been mishandled by the ministry, causing a delay in approval from
May, 2016 to February, 2017. He was further delayed in applying for PWD designation until it was approved
effective November 1, 2017, when he then became eligible for a transportation supplement. The appellant stated
that he clearly indicated when he applied for income assistance that he intended to apply for PWD designation, but
he was incorrectly informed by a ministry worker that he must first be approved for income assistance, then apply
for PWD designation. He stated that if there had not been an unreasonable delay of his approval for income
assistance, he would have submitted an application for PWD designation earlier. He is asking for a corrected date
of eligibility.
The ministry responded that the appellant became eligible for a transportation supplement after he was approved
for PWD designation, November 1, 2017. There is no provision in the legislation for backdated approval. The
ministry agreed that the information that an applicant must be approved for income assistance prior to applying for
PWD designation was wrong; however, a person is not eligible for a disability supplement until they are eligible for
disability assistance.
PART F – REASONS FOR PANEL DECISION
The issue in this appeal is the reasonableness of the ministry’s decision to deny the appellant’s application for a
backdated transportation supplement. The ministry determined that the appellant was not eligible for a
transportation supplement until he was determined to be eligible for disability assistance, therefore he was not
eligible for a transportation supplement until that date.
Legislation
EAPWDA
Interpretation
1
(1) In this Act:
"disability assistance" means an amount for shelter and support provided under section 5 [disability assistance
and supplements]
Eligibility of family unit
3 For the purposes of this Act, a family unit is eligible, in relation to disability assistance, hardship assistance or a
supplement, if
(a) each person in the family unit on whose account the disability assistance, hardship assistance or
supplement is provided satisfies the initial and continuing conditions of eligibility established under this
Act, and
(b) the family unit has not been declared ineligible for the disability assistance, hardship assistance or
supplement under this Act.
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.
EAPWDR
Effective date of eligibility
23 (1) Except as provided in subsections (1.1), (3.11) and (3.2), the family unit of an applicant for designation as a
person with disabilities or for both that designation and disability assistance
(a) is not eligible for disability assistance until the first day of the month after the month in which the
minister designates the applicant as a person with disabilities, and
(b) on that date, the family unit becomes eligible under section 4 and 5 of Schedule A for that portion of
that month's shelter costs that remains unpaid on that date.
(1.1) The family unit of an applicant who applies for disability assistance while the applicant is 17 years of age and
who the minister has determined will be designated as a person with disabilities on his or her 18th birthday
(a) is eligible for disability assistance on that 18th birthday, and
(b) on that date, is eligible under section 4 and 5 of Schedule A for that portion of the month's shelter
costs that remains unpaid on that date.
(1.2) A family unit of an applicant for disability assistance who has been designated as a person with disabilities
becomes eligible for
(a) a support allowance under sections 2 and 3 of Schedule A on the date of the applicant's submission
of the application for disability assistance (part 2) form,
(b) for a shelter allowance under sections 4 and 5 of Schedule A on the first day of the calendar month
that includes the date of the applicant's submission of the application for disability assistance (part 2)
form, but only for that portion of that month's shelter costs that remains unpaid on the date of that
submission, and
(c) for disability assistance under sections 6 to 9 of Schedule A on the date of the applicant's
application for disability assistance (part 2) form.
(2) Subject to subsections (3.01) and (3.1), a family unit is not eligible for a supplement in respect of a period before
the minister determines the family unit is eligible for it.
(3) Repealed. [B.C. Reg. 340/2008, s. 2.]
(3.01) If the minister decides, on a request made under section 16 (1) [reconsideration and appeal rights] of the Act,
to provide a supplement, the family unit is eligible for the supplement from the earlier of
(a) the date the minister makes the decision on the request made under section 16 (1) of the Act, and
(b) the applicable of the dates referred to in section 72 of this regulation.
(3.1) If the tribunal rescinds a decision of the minister refusing a supplement, the family unit is eligible for the
supplement on the earlier of the dates referred to in subsection (3.01).
(3.11) If the minister decides, on a request made under section 16 (1) of the Act, to designate a person as a person
with disabilities, the person's family unit becomes eligible to receive disability assistance at the rate specified under
Schedule A for a family unit that matches that family unit on the first day of the month after the month containing the
earlier of
(a) the date the minister makes the decision on the request made under section 16 (1) of the Act, and
(b) the applicable of the dates referred to in section 72 of this regulation.
(3.2) If the tribunal rescinds a decision of the minister determining that a person does not qualify as a person with
disabilities, the person's family unit is eligible to receive disability assistance at the rate specified under Schedule A
for a family unit that matches that family unit on the first day of the month after the month containing the earlier of
the dates referred to in subsection (3.11).
(4) If a family unit that includes an applicant who has been designated as a person with disabilities does not receive
disability assistance from the date the family unit became eligible for it, the minister may backdate payment but only
to whichever of the following results in the shorter payment period:
(a) the date the family unit became eligible for disability assistance;
(b) 12 calendar months before the date of payment.
(5) A family unit is not eligible for any assistance in respect of a service provided or a cost incurred before the
calendar month in which the assistance is requested.
Persons with disabilities transportation supplement
54.2 (1) The minister may provide a transportation supplement to or for a family unit that is eligible for disability
assistance or hardship assistance for a calendar month, in respect of each recipient who is designated as a person
with disabilities in the family unit, in one of the following forms:
(a) in money, in the amount of $52;
(b) in kind, in the form of a pass, deemed to have a value of $52 for the purposes of this regulation, for
the personal use of the person with disabilities on a public passenger transportation system in
(i) a transit service area established under section 25 of the British Columbia Transit Act, or
(ii) a transportation service region as defined in the South Coast British Columbia
Transportation Authority Act.
(2) If a recipient who is provided a supplement under either paragraph (a) or (b) of subsection (1) gives the minister
notice that the recipient wishes to receive the other form of supplement provided under that subsection, the minister
may provide that other form of supplement for a subsequent month.
(3) An annual pass, as defined in section 51 (2) [spouse bus pass supplement], is deemed to be a supplement
provided in kind under subsection (1) (b) of this section if the annual pass was provided to or for a recipient who is
designated as a person with disabilities and who was previously provided the annual pass for personal use
(a) as the spouse of a person with disabilities under section 51 (1), or
(b) under section 66 (1) [bus pass supplement] of the Employment and Assistance Regulation.
The appellant’s position is that he would have been eligible for PWD designation and supplements if his original
application for income assistance had not been cancelled wrongfully by the ministry. He recognizes that approval
for a supplement depends on eligibility as a PWD; therefore he argued that the effective date of his PWD
designation and subsequent eligibility for the transportation supplement be amended.
The ministry’s position is that the appellant became eligible for disability assistance effective November 1, 2017 and
he became eligible for a transportation supplement on that date. There is no provision for backdating PWD
designation and therefore no provision for a backdated transportation supplement.
Panel Decision
The Panel accepts the appellant’s oral evidence concerning the delays in having his application for income
assistance approved and his arguments with respect to his intention to apply for PWD designation at an earlier
date. The legislation, section 23(2) of the EAPWDR, states that a person is not eligible for disability assistance or a
supplement in respect to a period before the minister determines the family unit is eligible for it. In this instance, the
appellant became eligible for disability assistance on November 1, 2017, and was eligible for a transportation
supplement as of that date. There is no provision in the legislation for backdating eligibility for a supplement.
The Panel finds that the ministry reasonably determined the appellant was not eligible for a transportation
supplement prior to November 1, 2017. The Panel confirms the ministry decision.
The appellant is not successful on appeal.
PART G – ORDER
THE PANEL DECISION IS: (Check one)
UNANIMOUS
BY MAJORITY
THE PANEL
CONFIRMS THE MINISTRY DECISION
RESCINDS THE MINISTRY DECISION
If the ministry decision is rescinded, is the panel decision referred back to the Minister
for a decision as to amount?
Yes
No
LEGISLATIVE AUTHORITY FOR THE DECISION:
Employment and Assistance Act
Section 24(1)(a)
or Section 24(1)(b)
and
Section 24(2)(a)
or Section 24(2)(b)
PART H – SIGNATURES
PRINT NAME
Reece Wrightman
SIGNATURE OF CHAIR
DATE (YEAR/MONTH/DAY)
2018 JUL 17
PRINT NAME
Barbara Insley
SIGNATURE OF MEMBER
DATE (YEAR/MONTH/DAY)
2018 JUL 17
PRINT NAME
Adam Rollins
SIGNATURE OF MEMBER
DATE (YEAR/MONTH/DAY)
2018 JUL 24
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