I APPEAL NUMBER PART C -DECISION UNDER APPEAL The decision under appeal is the Ministry of Social Development and Poverty Reduction ("the ministry") reconsideration decision of October 7, 2019 in which the ministry found that the appellant was not eligible for income assistance ("IA") under Section 2 of the Employment and Assistance Act ("EAA") and Section 16 of the Employment and Assistance Regulation ("EAR") for the months of October-December 2019 because the appellant was a full-time student in a funded program of studies. PART D -RELEVANT LEGISLATION EM: Section 2 EAR: Sections 1, 16 Canada Student Financial Assistance Regulation ("CSFAR"): Section 2 (1)
P A R T E S U M M A R Y O F F A C T S T h e i n f o r m a t i o n b e f o r e t h e m i n i s t r y a t r e c o n s i d e r a t i o n i n c • R e q u e s t f o r R e c o n s i d e r a t i o n s u b m i t t e d b y t h e a p f o l l o w s : o T h e a p p e l l a n t w a s e x p e c t i n g t o r e c e i v e I t h e p a s t 3 m o n t h s r e n t h a s n o t b e e n p a i d I f t h e a p p e l l a n t h a s t o f i n d o t h e r a c c o m m o T h e a p p e l l a n t w i l l c o m p l e t e t h e p r o g r a m t e r m . D o c u m e n t s R e c e i v e d a f t e r R e c o n s i d e r a t i o n A t t h e h e a r i n g t h e a p p e l l a n t s u b m i t t e d a d o c u m e n t f r o m t e x t e n s i v e a n d s u c c e s s f u l w o r k h i s t o ry d e s p i t e a t r a u m a t i c r e c o v e r y / s o b r i e t y . T h e d o c u m e n t a l s o d e s c r i b e d s u c c e s c o m p l e t e d t h e a p p e l l a n t ' s c u r r e n t f i e l d o f s t u d i e s . O r a l E v i d e n c e a t t h e H e a r i n g T h e a p p e l l a n t c o n f i r m e d t h a t S e p t e m b e r 2 3 , 2 0 1 9 w a s t h f o r t h e p r o g r a m o f s t u d i e s a n d c o n f i r m e d t h a t t h e m i n i s t r y a p p e l l a n t a l s o p r o v i d e d a d d i t i o n a l i n f o r m a t i o n r e l a t e d t o c T V a n d m o b i l e p h o n e , a n d d e s c r i b e d p a s t d i ff i c u l t i e s t h a t a b u s e . A d m i s s i b i l i t y o f I n f o r m a t i o n R e c e i v e d a f t e r R e c o n s i d T h e m i n i s t r y o b j e c t e d t o a d m i s s i o n o f t h e e m p l o y m e n t c o t h e i s s u e u n d e r a p p e a l . T h e m i n i s t r y d i d n o t t a k e a p o s i t T h e p a n e l d e t e r m i n e d t h a t t h e d o c u m e n t w a s n o t a d m i s s w a s n o t r e l e v a n t t o t h e i s s u e u n d e r a p p e a l . T h e p a n e l a d c o n fi r m e d r e c e i p t o f I A f o r t h e m o n t h o f S e p t e m b e r 2 0 1 9 p r o g r a m o f s t u d i e s .I A P P E A L N U M B E R l u d e d t h e f o l l o w i n g : p e l l a n t o n o r a b o u t S e p t e m b e r 2 4 , 2 0 1 9 , s u m m a r i z e d a s A o n S e p t e m b e r 2 5 , 2 0 1 9 t o h e l p p a y O c t o b e r r e n t . F o r i n f u l l a n d r a p p o rt w i t h t h e l a n d l o r d i s o f g r o w i n g c o n c e r n . o d a t i o n t h e s t r e s s w i l l b e d e t r i m e n t a l . o f s t u d i e s a n d r e c e i v e a p p r o p r i a t e d e s i g n a t i o n i n o n e h e e m p l o y m e n t c o n t r a c t o r t h a t d e t a i l e d t h e a p p e l l a n t ' s f a m i l y h i s t o r y , s u b s t a n c e a b u s e a n d c u r r e n t s f u l e m p l o y m e n t o u t c o m e s f o r p e r s o n s w h o h a v e e s t a r t i n g d a t e a n d D e c e m b e r 8 , 2 0 1 9 i s t h e c l o s i n g d a t e h a d p r o v i d e d I A f o r t h e m o n t h o f S e p t e m b e r 2 0 1 9 . T h e u r r e n t d e b t s o w e d , i n c l u d i n g r e n t , i n t e r n e t c h a r g e s , c a b l e h a v e l e d t o l o s s o f p r e v i o u s e m p l o y m e n t a n d s u b s t a n c e e r a t i o n n t r a c t o r ' s d o c u m e n t o n t h e b a s i s t h a t i t d i d n o t p e r t a i n t o i o n r e s p e c t i n g t h e a p p e l l a n t ' s o r a l e v i d e n c e . i b l e u n d e r E A A S e c t i o n 2 2 ( 4 ) b e c a u s e t h e i n f o r m a t i o n m i t t e d t h e p o r t i o n o f t h e a p p e l l a n t ' s o r a l i n f o r m a t i o n t h a t a n d t h e c o m m e n c e m e n t a n d c o m p l e t i o n d a t e s o f t h e
I APPEAL NUMBER PART F -REASONS FOR PANEL DECISION The issue under appeal is whether the ministry's determination that the appellant is not eligible for IA under EAA Section 2 and EAR Section 16 for the months of October-December 2019 because the appellant is a full-time student in a funded program of studies is reasonably supported by the evidence or is a reasonable application of the applicable enactment in the appellant's circumstances. Relevant Legislation: EAA: Eligibility of family unit 2 For the purposes of this Act, a family unit is eligible, in relation to income assistance, hardship assistance or a supplement, if (a)each person in the family unit on whose account the income 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 income assistance, hardship assistance or supplement under this Act. EAR: Definitions 1 (1) In this regulation: "full-time student" has the same meaning as in the Canada Student Financial Assistance Regulations (Canada); "funded program of studies" means a program of studies for which funding provided to students under the Canada Student Financial Assistance Act may be provided to a student enrolled in ii; "student financial assistance" means funding provided to students under {a) the British Columbia Student Assistance Program, {b) the Canada Student Financial Assistance Act, or (c)a similar program provided by another province or jurisdiction; "unfunded program of studies" means a program of studies for which a student enrolled in it is not eligible for funding provided to students under the Canada Student Financial Assistance Act. Effect of family unit including full-time student 16 (1) Subject to subsection ( 1 .1), a family unit is not eligible for income assistance for the period described in subsection (2) if an applicant or a recipient is enrolled as a full-time student (a) in a funded program of studies, or (b)in an unfunded oroaram of studies without the orior annroval of the minister.
I APPEAL NUMBER (1.1) Subsection (1) (a) does not apply to a family unit that includes a recipient who is enrolled in a funded program of studies with the prior approval of the minister under subsection (1.2) during the period described in subsection (2). (1.2) For the purposes of subsection (1.1) , the minister may approve a person to enroll in a funded program of studies if the person (a)is a sole recipient of income assistance who (i) has a dependent child, or {ii) provides care to a supported child, (b) is required to enroll in the program of studies as a condition of an employment plan and (c)was receiving income assistance, hardship assistance or disability assistance in each of the immediately preceding 3 calendar months, unless the minister is satisfied that exceptional circumstances exist. CSFAR (Canada): 2 (1) "full-lime student" means a person • (a) who, during a confirmed period within a period of studies, is enrolled in courses that constitute (i) at least 40 per cent and less than 60 per cent of a course load recognized by the designated educational institution as constituting a full course load, in the case of a person who has a permanent disability and elects to be considered as a full-time student, or (ii)at least 60 per cent of a course load recognized by the designated educational institution as constituting a full-time course load, in any other case, • (b) whose primary occupation during the confirmed periods within that period of studies is the pursuit of studies in those courses. The appellant argues that the ministry should provide IA for the month of October 2019 because program-related funding did not commence until September 23, 2019 and without September IA the appellant will be unable to pay outstanding rent and other debts. The ministry's position is set out in the reconsideration decision, summarized as follows: • a family unit is not eligible for IA if the recipient is enrolled as a full-time student in a funded program of studies or in an unfunded program of studies without the prior approval of the ministry; • the period of ineligibility extends from the first day of the month following the month in which classes begin and ends on the last day of the month in which exams are held. Panel Decision To be eligible for IA, the family unit must satisfy initial conditions of eligibility and not have been declared ineligible for assistance under section 2 of the EAA. In relation to students, a family unit is not eligible for IA under section 16(1) of the EAR if the applicant for assistance is enrolled as a full-time student in a funded program of studies, or in an unfunded program of studies without the prior approval of the minister. The ministry notes that the Regulation provides exceptions for single parents but there are no exceptions under the legislation for sole applicants such as the appellant. Both parties aqree that the prooram of studies is a "funded oroaram of studies" and that the aooellant is a "full-time
I APPEAL NUMBER student" as defined by as defined by EAR Section 1. EAR Section 16 (2) states that the period for which a full-time student in a funded program of studies is not eligible for IA extends from the first day of the month following the month in which classes commence and continues until the last day of the month in which exams in the relevant program of studies are held. The appellant confirms that classes commenced on September 23, 2019 and will end on December 8, 2019. In the appellant's circumstances the period of ineligibility for IA commenced in October 2019 and expires at the end of December 2019. The panel sympathizes with the appellant's need for IA to reduce existing debts, and notes that the program's commencement and completion dates result in a 3-month period of ineligibility for IA for a study program of 11 weeks' duration. However, based on the evidence before the ministry at reconsideration and the applicable legislation the panel finds that the ministry reasonably determined the appellant is not eligible for IA for the months of October -December 2019 because the appellant is a full-time student in a funded program of studies for the period September 23 -December 8, 2019. Conclusion The panel finds that the ministry's determination that the appellant is ineligible for IA for the month of October 2019 and continuing until the end of December 2019 because the appellant is a full-time student in a funded program of studies is a reasonably supported by the evidence, and confirms the decision. The appellant is not successful in this appeal.
I A PPEAL NUMBER PART G -ORDER THE PANEL DECISION IS: (Check one) XUNANIMOUS □BY MAJORITY THE PANEL X 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) X or Section 24(1 )(b) D and Section 24(2)(a) X or Section 24(2)(b) D PART H -SIGNATURES PRINT NAME Joan Bubbs SIGNATURE OF CHAIR DATE(YEAR/MONTH/DAY) 2019/Nov/06 PRINT NAME Patrick Cooper SIGNATURE O F MEMBER DATE {YEAR/MONTH/DAY) 2018/Nov/06 PR!NTNAME Mel Donhauser SIGNATURE OF MEMBER DATE(YEAR/MONTH/DAY) 2018/Nov/06
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