Ministry of Social Development and Poverty Reduction

Appeal Number 2023-0004 Part C – Decision Under Appeal The Appellant appealed a decision of the Ministry of Social Development and Poverty Reduction (the “ministry”) in which it assessed that the Appellant was not eligible for income assistance because his spouse’s employment income was more than the rate of assistance for his family unit size.

Part D – Relevant Legislation Employment and Assistance Act (the “Act) Section 22(4) Employment and Assistance Regulation (the “EA Regulation”) Section 1 and 10 Schedule A- Sections 1, 2 and 4 Schedule B- Sections 1, 2 and 3

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Appeal Number 2023-0004 Part E – Summary of Facts On October 20, 2022 the Appellant and spouse applied for income assistance as a couple. As part of the application process, the Appellant’s spouse provided the following workplace payslips: September 9: $1065.94 + $75.06 deducted for an RRSP = $1141 September 23: $1198.47 +$77.00 deducted for an RRSP = $1275.47 October 7: $1111.13 + $78.29 deducted for an RRSP = $1189.42 October 21: $1216.54 + $78.29 deducted for an RRSP = $1294.83

On November 4, 2022, the ministry determined that the Appellant was not eligible for assistance because his spouse’s income (that included the amounts for RRSP contributions) was more than the rate of income assistance and disability assistance for his family unit size.

On November 14, 2022, the Appellant submitted his request for reconsideration. On November 28, 2022, the ministry completed its review of the Request for Reconsideration. It notified the Appellant that:

…the ministry has determined you are not eligible for income assistance because your spouse’s employment income is more than the rate of assistance for your family unit size.

In its reasons the ministry reviewed the following EA Regulation provisions saying: The money your spouse receives … is earned income because it is received in exchange for work or the provision of a service. As confirmed by your spouse’s play slips … received net pay of $2264.41 in September and $2327.67 in October.

The amount deducted from your spouse’s income for an RRSP contribution is not a permitted deduction under Section 2 of Schedule B of the EA Regulation. This means $152.06 must be included in the net income calculation for September and $156.58 must be included in the net income calculation for October.

Your family unit’s net income in September is $2264.41 (net earnings) + $152.06 (RRSP) = $2416.47. Your family unit’s net income in October is $2327.67 (net earnings) + $156.58 (RRSP) = $2484.25.

As per Section 10(2) you are not eligible for income assistance because your family unit’s net income exceeds the $1525 amount of income assistance determined for your family unit size under schedule A.

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Appeal Number 2023-0004 Part F – Reasons for Panel Decision The hearing on January 25, 2023, was adjourned until February 6, 2023, to allow the Appellant to have a representative or support person present.

At the January 25 hearing, the Appellant argued that the maximum income assistance rates were unreasonably low. The Panel explained that it was unable to change legislated rates and only able to:

… determine whether the decision being appealed is, as applicable, (a) reasonably supported by the evidence, or (b) a reasonable application of the applicable enactment in the circumstances of the person appealing the decision.

Shortly after reconvening on February 6, 2023, the Appellant stated that he had time to consider the limits of the Panel’s powers. He accepted that the ministry decision was reasonably supported by the evidence and was a reasonable application of the applicable enactments. He did not present any evidence or argument contrary to that given in the reasons of the reconsideration decision or included in the record before the panel.

He wished to state that the income limits and the maximum income assistance were unrealistic. He added that his family income was about $100 over the limit and challenged anyone to live on those amounts in his city. He kindly thanked everyone for their time and consented to confirm the ministry reconsideration decision.

The panel considered comments made in the hearing and the panel reviewed the reconsideration decision, the record before the panel, and the EA Regulation (text of the provisions are in the “Appendix – Relevant Legislation”).

The Appellant’s comment about how much his family income was over the maximum income assistance level was not stated to advance an argument to overturn the reconsideration decision. The panel finds that information provided by the Appellant is reasonably required for a full and fair disclosure of all matters related to the decision under appeal, as it provides additional evidence to the Appellant’s income. The panel therefore admits this information pursuant to section 22(4) of the Act.

The panel notes that the ministry stated that the Appellant and spouse applied as a couple. The ministry stated that $1525 was the amount of income assistance determined for the Appellant’s family unit size and it provided the Appellant with an extract of EA Regulation Schedule A section 2 and section 4. The sum of the amounts listed is $1525 being a) the Monthly support allowance of $995, and b) a Monthly shelter allowance at the maximum of $570, for a couple, under 65 years of age with no dependants. This is described in detail because elsewhere in the reconsideration decision, under the heading “Applicable Legislation” the ministry says:

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Appeal Number 2023-0004 Schedule A of the EA Regulation sections 2 and 4 specifies the maximum allowable rate of support and shelter for the size of the family unit. For your family unit this amount is $955.

The panel finds that to be an unintentional misstatement or typographical error that referred to only one of the two amounts in the $1525 sum reviewed above. The panel also finds no impact on the reconsideration decision because it was followed by the statement and application of $1525 to the Applicant under the heading “Decision” of the reconsideration decision.

The panel finds that the evidence shows that the appellant’s family income is more than the maximum income limit to qualify for income assistance. The appellant admits this and relies on the argument that the income limits are too low and do not take into account the reality of the cost of living. The panel does not have jurisdiction to alter the legislated income limit. Because the appellant’s income is over the allowable limit set out in the EA Regulation, the panel finds that the ministry was reasonable when it determined that the appellant and his family unit do not qualify for income assistance.

Conclusion: The panel finds that the ministry’s reconsideration decision was reasonably supported by the evidence and was a reasonable application of the applicable enactment in the circumstances. The reconsideration decision of the ministry is confirmed.

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Appendix – Relevant Legislation Employment and Assistance Act

… (4)A panel may consider evidence that is not part of the record as the panel considers is reasonably required for a full and fair disclosure of all matters related to the decision under appeal.

Employment and Assistance Regulation

Definitions 1 (1) In this regulation: …

"earned income" means

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Appeal Number 2023-0004

(a)any money or value received in exchange for work or the provision of a service,

(b)Repealed. [B.C. Reg. 197/2012, Sch. 1, s. 1 (a).]

(c)pension plan contributions that are refunded because of insufficient contributions to create a pension,

(d)money or value received from providing room and board at a person's place of residence, or

(e)money or value received from renting rooms that are common to and part of a person's place of residence;

… Limits on income

10 (1)For the purposes of the Act and this regulation, "income", in relation to a family unit, includes an amount garnished, attached, seized, deducted or set off from the income of an applicant, a recipient or a dependant.

(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.

Amount of income assistance 28 Income assistance may be provided to or for a family unit, for a calendar month, in an amount that is not more than

(a) the amount determined under Schedule A, minus (b) the family unit's net income determined under Schedule B. Schedule A Income Assistance Rates Maximum amount of income assistance before deduction of net income

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Appeal Number 2023-0004 1 (1) Subject to this section and sections 3 and 6 to 10 of this Schedule, the amount of income assistance referred to in section 28 (a) [amount of income assistance] of this regulation is the sum of (a)the monthly support allowance under section 2 of this Schedule for a family unit matching the family unit of the applicant or recipient, plus (b)the shelter allowance calculated under sections 4 and 5 of this Schedule. (2) Despite subsection (1) but subject to subsection (3), income assistance may not be provided in respect of a dependent child if support for that child is provided under section 8 (2) or 93 (1) (g) (ii) of the Child, Family and Community Service Act. (3) If (a)an application is made by a parenting dependent child under section 5 (4) [application by parent who is dependent youth] of this regulation, (b)the family unit is found eligible for income assistance, and (c)support is provided for the parenting dependent child or that individual's dependent child, or for both, under section 8 (2) or 93 (1) (g) (ii) of the Child, Family and Community Service Act,

the restriction in subsection (2) does not apply, but the amount of income assistance that may otherwise be provided to the family unit is to be reduced by the amount of that support.

Monthly support allowance 2 (0.1)For the purposes of this section:

"deemed dependent children", in relation to a family unit, means the persons in the family unit who are deemed to be dependent children under subsection (5);

"warrant" has the meaning of a warrant in section 15.2 [consequences in relation to outstanding arrest warrants] of the Act.

(1) A monthly support allowance for the purpose of section 1 (a) is the sum of (a)the amount set out in Column 3 of the following table for a family unit described in Column 1 of an applicant or a recipient described in Column 2, plus (b)the amount calculated in accordance with subsections (2) to (4) for each dependent child in the family unit.

Item

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Column 1 Family unit composition

Column 2 Column 3 Age or status of applicant or Amount of Support recipient

7

7

Appeal Number 2023-0004 Two applicants/recipients and no Both applicants/recipients are dependent children under 65 years of age

$955.00

…

(2)If the family unit includes one or more dependent children or deemed dependent children, the support allowance under subsection (1) for a calendar month is increased by an amount equal to (a)the total BC child adjustment amount for all dependent children and all deemed dependent children in the family unit, minus (b)the sum of (i)the family bonus, if any, paid to the family unit for the preceding month, (ii)the Canada child benefit, if any, paid to the family unit for the preceding month in respect of dependent children in the family unit, up to a maximum of the BC child adjustment amount in respect of those dependent children, and (iii)the total amount of the supplements, if any, provided to or for the family unit under section 61 [supplement for delayed, suspended or cancelled family bonus] or 61.1 [supplement for delayed, suspended or cancelled Canada child benefit] of this regulation for the current calendar month. (2.1)If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section. (3)In calculating the adjustment under subsection (2), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus or the Canada child benefit must be treated as if it were paid to a person in the family unit. (4)The support allowance under subsection (1) for a calendar month is not increased under subsection (2) if a person in the family unit refuses to (a)apply for the family bonus or the Canada child benefit for the preceding calendar month, or (b)accept the family bonus or the Canada child benefit for the preceding calendar month

in respect of a dependent child in the family unit who is, or may be, a qualified dependant within the meaning of the Income Tax Act (Canada). (5)If a family unit includes a person who (a)immediately before reaching 19 years of age was a dependent child in the family unit, and (b)reached that age while attending secondary school,

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Appeal Number 2023-0004

the person is deemed to be a dependent child, for the purposes of this section, until the earlier of (c)the end of the school year in which the person reaches the age of 19 years, and (d)the date the person stops attending secondary school. (6)For the purposes of this section, if the family unit includes a deemed dependent child, the BC child adjustment amount applies in respect of the deemed dependent child as if the deemed dependent child was a dependent child.

Prorating of support allowance 3In the calendar month that includes the income assistance application date, the monthly support allowance is prorated based on the number of days remaining in that calendar month, beginning with the date of that submission.

Monthly shelter allowance 4 (1)For the purposes of this section:

"family unit" includes a child who is not a dependent child and who relies on the parent for the necessities of life and resides in the parent's place of residence for not less than 40% of each month;

"warrant" has the meaning of a warrant in section 15.2 [consequences in relation to outstanding arrest warrants] of the Act.

(2)The monthly shelter allowance for a family unit other than a family unit described in section 15.2 (1) of the Act is the greater of (a)the minimum set out in the following table for the family unit, and (b)the lesser of (i)the family unit's actual shelter costs, and (ii)the maximum set out in the following table for the family unit. Item Column 1 Column 2 Column 3 Family Unit Size Minimum Maximum

…

2

2 persons

$150

$570

Schedule B

Net Income Calculation (section 28 (b) )

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Appeal Number 2023-0004 Deduction and exemption rules 1When calculating the net income of a family unit for the purposes of section 28 (b) [amount of income assistance] of this regulation, (a)the following are exempt from income: (i)any income earned by a dependent child attending school on a full-time basis; (ii)Repealed. [B.C. Reg. 96/2017, App. 1, s. 2 (a).] (iii)Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).] (iv)a family bonus, except the portion treated as unearned income under section 10 (1) of this Schedule; (iv.1)the Canada child benefit, except the portion treated as unearned income under section 10 (1) of this Schedule; (v)the basic child tax benefit; (vi)a goods and services tax credit under the Income Tax Act (Canada); (vii)a tax credit under section 8 [refundable sales tax credit], 8.1 [climate action tax credit] or 8.2 [BC harmonized sales tax credit] of the Income Tax Act (British Columbia); (viii)individual redress payments granted by the government of Canada to a person of Japanese ancestry; (ix)individual payments granted by the government of Canada under the Extraordinary Assistance Plan to a person infected by the human immunodeficiency virus; (x)individual payments granted by the government of British Columbia to a person infected by the human immunodeficiency virus or to the surviving spouse or dependent children of that person; (xi)individual payments granted by the government of Canada under the Extraordinary Assistance Plan to thalidomide victims; (xii)money that is (A)paid or payable to a person if the money is awarded to the person by an adjudicative panel in respect of claims of abuse at Jericho Hill School for the Deaf and drawn from a lump sum settlement paid by the government of British Columbia, or (B)paid or payable to or for a person if the payment is in accordance with the settlement agreement approved by the Supreme Court in Action No. C980463, Vancouver Registry; (xiii)the BC earned income benefit;

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Appeal Number 2023-0004 (xiv)money paid or payable under the 1986-1990 Hepatitis C Settlement Agreement made June 15, 1999, except money paid or payable under section 4.02 or 6.01 of Schedule A or of Schedule B of that agreement; (xv)a rent subsidy provided by the provincial government, or by a council, board, society or governmental agency that administers rent subsidies from the provincial government; (xvi)Repealed. [B.C. Reg. 197/2012, Sch. 1, s. 22 (a).] (xvii)money paid or payable to a person in settlement of a claim of abuse at an Indian residential school, except money paid or payable as income replacement in the settlement; (xvii.1)money that is paid or payable to or for a person if the payment is in accordance with (A)the Sixties Scoop Settlement made November 30, 2017, or (B)the Federal Indian Day Schools Settlement made March 12, 2019, as amended May 13, 2019; (xviii)financial assistance payments provided under Part 6 of the Adoption Regulation, B.C. Reg. 291/96; (xix)a rebate of energy or fuel tax provided by the government of Canada, the government of British Columbia, or an agency of either government; (xx)Repealed. [B.C. Reg. 85/2012, Sch. 1, s. 5.] (xxi)payments granted by the government of British Columbia under section 8 [agreement with child's kin and others] of the Child, Family and Community Service Act; (xxii)payments granted by the government of British Columbia under the Ministry of Children and Family Development's At Home Program; (xxiii)Repealed. [B.C. Reg. 85/2012, Sch. 1, s. 5.] (xxiv)payments granted by the government of British Columbia under an agreement referred to in section 93 (1) (g) (ii) of the Child, Family and Community Service Act, for contributions to the support of a child; (xxv)a loan that is (A)not greater than the amount contemplated by the recipient's business plan, accepted by the minister under section 77.2 of this regulation, and (B)received and used for the purposes set out in the business plan; (xxvi)payments granted by the government of British Columbia under the Ministry of Children and Family Development's (A)Autism Funding: Under Age 6 Program, or

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Appeal Number 2023-0004 (B)Autism Funding: Ages 6 — 18 Program; (xxvii)Repealed. [B.C. Reg. 148/2015, App. 1, s. 1 (a).] (xxviii)payments made by a health authority or a contractor of a health authority to a recipient, who is a "person with a mental disorder" as defined in section 1 of the Mental Health Act, for the purpose of supporting the recipient in participating in a volunteer program or in a mental health or addictions rehabilitation program; (xxix)a refund provided under Plan I as established under the Drug Plans Regulation; (xxx)payments provided by Community Living BC to assist with travel expenses for a recipient in the family unit to attend a self-help skills program, or a supported work placement program, approved by Community Living BC; (xxxi)a Universal Child Care Benefit provided under the Universal Child Care Benefit Act (Canada); (xxxii)money paid by the government of Canada, under a settlement agreement, to persons who contracted Hepatitis C by receiving blood or blood products in Canada prior to 1986 or after July 1, 1990, except money paid under that agreement as income replacement; (xxxiii)money withdrawn from a registered disability savings plan; (xxxiv)a working income tax benefit provided under the Income Tax Act (Canada); (xxxv)Repealed. [B.C. Reg. 180/2010, s. 1 (b).] (xxxvi)the climate action dividend under section 13.02 of the Income Tax Act; (xxxvii)money paid or payable to a person under the Criminal Injury Compensation Act as compensation for non-pecuniary loss or damage for pain, suffering mental or emotional trauma, humiliation or inconvenience that occurred when the person was under 19 years of age; (xxxvii.1)money that is paid or payable to or for a person if the payment is in accordance with the settlement under the Final Settlement Agreement and Supplementary Agreement approved by the Federal Court June 22, 2018 in Court File No. T-370-17, Todd Edward Ross et al. v. Her Majesty the Queen; (xxxvii.2)money that is paid or payable to or for a person if the payment is in accordance with the settlement under the Final Settlement Agreement approved by the Federal Court January 30, 2019 in Court File No. T-1068-14, Raymond Michael Toth v. Her Majesty the Queen; (xxxviii)money that is paid or payable to or for a person if the payment is in accordance with the settlement agreement approved by the Supreme Court in Action No. S024338, Vancouver Registry;

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Appeal Number 2023-0004 (xxxix)payments granted by the government of British Columbia under the Ministry of Children and Family Development's Family Support Services program; (xl)payments granted by the government of British Columbia under the Ministry of Children and Family Development's Supported Child Development program; (xli)payments granted by the government of British Columbia under the Ministry of Children and Family Development's Aboriginal Supported Child Development program; (xlii)money paid or payable from a fund that is established by the government of British Columbia, the government of Canada and the City of Vancouver in relation to recommendation 3.2 of the final report of the Missing Women Commission of Inquiry; (xliii)payments granted by the government of British Columbia under the Temporary Education Support for Parents program; (xliv)a BC early childhood tax benefit; (xliv.1)a BC child opportunity benefit; (xlv)child support; (xlvi)orphan's benefits under the Canada Pension Plan Act (Canada); (xlvii)gifts, other than recurring gifts; (xlviii)compensation paid or payable under Division 5 [Compensation in Relation to Death of Worker] of Part 4 [Compensation to Injured Workers and Their Dependants] or section 225 [compensation in relation to worker death before July 1, 1974] of the Workers Compensation Act to a dependant, as defined in section 1 of that Act, who is a child, as defined in section 165 (1) of that Act; (xlix)money that is paid or payable by or for Community Living BC to or for a person if the payment is in accordance with an award in a legal proceeding or with a settlement agreement in respect of a claim for injury, loss or damage caused by Community Living BC, an employee of Community Living BC or a person retained under a contract to perform services for Community Living BC; (l)money that is paid or payable by the government of British Columbia to or for a person if the payment is in accordance with an award in a legal proceeding or with a settlement agreement in respect of a claim for injury, loss or damage caused by the minister, the ministry, an employee of the ministry or a person retained under a contract to perform services for the ministry; (l.1)money that is paid or payable by the government of British Columbia to or for a person if the payment is in accordance with an award in a legal proceeding or

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