Ministry of Social Development and Poverty Reduction

PART C – DECISION UNDER APPEAL The decision under appeal is the Ministry of Social Development and Poverty Reduction’s (the “ministry”) Reconsideration Decision of July 16 th , 2018 in which the ministry determined that the appellant was ineligible for crisis supplement due to not meeting all of the legislative criteria, pursuant to section 59 (1)(a) & (b), of the Employment and Assistance Regulation. Specifically, the Ministry determined that the appellant did not meet section 57(1)(a) where the utilities expense was unexpected, as his utilities are a monthly expense, and (b)(i) where failure to receive the supplement presents an imminent danger to the appellant’s physical health. PART D – RELEVANT LEGISLATION EAA Employment and Assistance Act, Section 4 EAR Employment and Assistance Regulation, Section 59

PART E – SUMMARY OF FACTS The information before the ministry at the time of reconsideration included the following: 1) June 4 th , 2018 – The appellant provided a disconnection notice from BC HYDRO indicating that he owes $281.05 and a letter indicating that he did not receive any bills from BC HYDRO until May 23 2018 and he does not have enough money to pay the bill. The appellant provided copies of two hydro bills; March 7 and May 7 and an email from BC HYDRO advising that he was not eligible for their crisis fund because the appellant had not demonstrated that he had attempted to pay any time prior. 2) June 12, 2018 – The ministry provides that a BC HYDRO agent advises that the appellant had contacted them in May to request e-billing after non payment of two hydro bills that were sent to the appellant in the mail. The ministry determined that the appellant was aware of the requirement to pay the bill. 3) June 19, 2018 – The appellant provided a notice that the electricity was going to be disconnected and the appellant was concerned that his food would spoil. 4) June 27, 2018 – the appellant was advised that he did not qualify for a crisis supplement to pay the amount he owed to BC HYDRO. The appellant indicated that his hydro was back on but that he expected for it to be turned off again. 5) July 4 th , 2018 – The appellant requested a reconsideration, and advised that he opened the hydro account on January 1, 2018. He advised that he did not receive any email or paper bills until May 23, 2018 at which time he visited the main head office. At that time, the appellant had requested $366.71 to pay hydro to avoid imminent danger to his physical health, such as the food spoiling in the fridge. Additional Information The ministry did not provide further information to be considered and relied on the reconsideration decision as its submission.

PART F – REASONS FOR PANEL DECISION The issue under appeal is the reasonableness of the Ministry of Social Development and Poverty Reduction’s (the “ministry”) Reconsideration Decision of July 16 th , 2018 in which the ministry determined that the appellant was ineligible for crisis supplement due to not meeting all of the legislative criteria, pursuant to section 59 (1)(a) & (b), of the Employment and Assistance Regulation. Specifically, the Ministry determined that the appellant did not meet section 57(1)(a) where the utilities expense was unexpected, as his utilities are a monthly expense, and (b)(i) where failure to receive the supplement presents an imminent danger to the appellant’s physical health.

Legislation Employment and Assistance Act Income assistance and supplements 4 Subject to the regulations, the minister may provide income assistance or a supplement to or for a family unit that is eligible for it. Employment and Assistance Regulation Crisis supplement 59 (1)The minister may provide a crisis supplement to or for a family unit that is eligible for income assistance or hardship assistance if (a)the family unit or a person in the family unit requires the supplement to meet an unexpected expense or obtain an item unexpectedly needed and is unable to meet the expense or obtain the item because there are no resources available to the family unit, and (b)the minister considers that failure to meet the expense or obtain the item will result in (i)imminent danger to the physical health of any person in the family unit, or (ii)removal of a child under the Child, Family and Community Service Act. Panel Decision The ministry’s position is that the appellant is a sole recipient of income assistance, and that as a result of not meeting the required criteria for a crisis supplement under section 59(1) of the Employment and Assistance Regulation, the appellant is not eligible for the crisis supplement. The appellant, as stated in his notice of appeal feels that he should receive the outstanding amount owing to BC HYDRO because he did not receive any paper copy bills from the time he opened the account in January 2018 until May 2018. The appellant submits that he cannot afford to pay the bill, and that he would face danger to his physical health because of him having to eat spoiled food with no electricity. The ministry submits that the appellant knew or ought to have known that a hydro bill would have been issued between the months of January 2018 and May 2018. The ministry further submits that a failure to receive the supplement does not place the appellant in line with a danger to his health. As set out in the Employment and Assistance Regulation section 59 (1) The minister may provide a crisis supplement to or for a family unit that is eligible for disability assistance or hardship assistance if (a)the family unit or a person in the family unit requires the supplement to meet an unexpected expense or obtain an item unexpectedly needed and is unable to meet the expense or obtain the item because there are no resources available to the family unit, and (b)the minister considers that failure to meet the expense or obtain the item will result in (i)imminent danger to the physical health of any person in the family unit, or (ii)removal of a child under the Child, Family and Community Service Act. The panel finds that the evidence establishes that the ministry was reasonable to determine that the appellant knew or ought to have known that the hydro expense is bi monthly, and therefore not unexpected. Moreover, the panel finds that the evidence establishes that the ministry was reasonable to consider that the appellant did not make any attempts prior to May and before January to

inquire about any missing hydro bills, and or provide any evidence to suggest that some other expense was unexpected which rendered the appellant unable to pay for his hydro bill. The ministry notes that crisis supplements are intended to address urgent situations that could not have reasonably been planned for or anticipated. The panel finds that the evidence establishes that the ministry was reasonable to determine that the appellant did not meet the legislative criteria. With respect to the additional criteria, where the failure to meet the expense will result in (i) an imminent danger to the physical health of the appellant, the panel finds that the evidence establishes that the ministry was reasonable to consider that there were other options for the appellant respecting fresh food in the community, and that the appellant had failed to demonstrate how his health would imminently be at risk. Accordingly, the panel finds that the ministry’s decision was a reasonable application of the legislation in the circumstances of the appellant and therefore, the panel confirms the ministry’s decision pursuant to section 24(1)(a) and section 24(2)(a) of the Employment and Assistance Act. The appellant is unsuccessful in his 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 Jennifer Armstrong SIGNATURE OF CHAIR DATE (YEAR/MONTH/DAY) 2018/08/31 PRINT NAME Kulwant Bal SIGNATURE OF MEMBER DATE (YEAR/MONTH/DAY) 2018/08/31 PRINT NAME Rosalie Turcotte SIGNATURE OF MEMBER DATE (YEAR/MONTH/DAY) 2018/08/31