2023-0049 Part C – Decision Under Appeal The decision under appeal is the decision of the Ministry of Social Development and Poverty Reduction (the “Ministry”) reconsideration decision, dated January 30, 2023 (the “Reconsideration Decision”). The Ministry determined that the Appellant was ineligible for disability assistance for January and February 2023 because the Employment Insurance income he received in November and December 2022, which is not exempt, exceeded the Ministry’s monthly rate of assistance.
Part D – Relevant Legislation • Employment and Assistance for Persons with Disabilities Act (the “Act”) – section 3 • Employment and Assistance for Persons with Disabilities Regulation (the “Regulation”) – sections 1, 2(0.1), 9, and 24 • Schedule A of the Regulation (“Schedule A”) – sections 1, 2, and 4 • Schedule B of the Regulation (“Schedule B”) – sections 1, 2, 6, 7, 8 and 9
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2023-0049 Part E – Summary of Facts (a) The Reconsideration Decision The evidence before the Ministry at the Reconsideration Decision consisted of: • The Appellant is the sole recipient of disability assistance (“DA”). • A shared data report between the Ministry and Service Canada, called the WEBAOB Report, showed that the Appellant received Employment Insurance income (“EI Income”) between September 14, 2022 and January 14, 2023 as follows:
o October 28, 2022 - $466 for week starting October 16, 2022 ($38 was deducted for taxes)
o October 28, 2022 - $466 for week starting October 23, 2022 ($38 was deducted for taxes)
o November 11, 2022 - $313 for week starting October 30, 2022 ($153 deducted for AOB and $38 for taxes)
o November 11, 2022 - $313 for week starting November 6, 2022 ($153 deducted for AOB and $38 for taxes)
o November 25, 2022 - $313 for week starting November 13, 2022 ($153 deducted for AOB and $38 for taxes)
o November 25, 2022 - $313 for week starting November 20, 2022 ($153 deducted for AOB and $38 for taxes)
o December 11, 2022 - $313 for week starting November 27, 2022 ($153 deducted for AOB, and $38 for taxes)
o December 11, 2022 - $313 for week starting December 4, 2022 ($153 deducted for AOB and $38 for taxes)
o December 19, 2022 - $313 for week starting December 11, 2022 ($153 deducted for AOB and $38 for taxes)
o December 19, 2022 - $313 for week starting December 18, 2022 ($153 deducted for AOB and $38 for taxes)
• On January 12, 2023, the Ministry advised the Appellant that he was ineligible for January and February 2023 DA because the EI Income he received in November and December 2022, which was not exempt, exceeded the Ministry’s monthly rate of assistance (the “Denial”).
• On January 16, 2023, the Appellant applied for a reconsideration of the Denial (the “Reconsideration Request”). In support of the Reconsideration Request, the Appellant
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2023-0049 advised: “There is no logic denying me assistance because I had income for November [and] December from E.I. The only reason I was on E.I. in the first place was because of my supplemental disability income becoming my only income… My total amount received in December was $1252.00…
1. E.I. is paid out for weeks PAST weeks not issued in advance as it is for assistance.
2. I am on disability E.I. was just exhausting all other options. 3. My E.I. for November [and] December was cut by 1/3 paying out to the Ministry. I received $313.00 for weeks in December I got a total of $1252. Less that would I received on disability.”
• On January 30, 2023, the Ministry issued the Reconsideration Decision wherein it summarized its denial of the Reconsideration Request as follows:
“The EI income you receive is considered unearned income as set out in Section 1(g) of the EAPWD Regulation and is not exempt from disability assistance because your claim is for regular benefits and is not money received for maternity, parental or caring for a critically ill child (and includes an amount garnished, attached, seized, deducted or set off from your income. Which means money that was taken off your EI to pay back the Ministry of Social Development and Poverty Reduction (AOB) must be included in your net income calculation.). The only permitted deduction is for taxes. The ministry calculates your net income from the EI you received in November as $2,796 ($466 per week X 6 weeks). Further the ministry calculates your net income from the EI you received in December as $1864 (466 per week X 4 weeks).
For recipients of disability assistance, regardless of the period for which the income is payable, the income you receive in a month must be declared by the 5th of the following month in accordance with Section 29 of the EAPWD Regulation and affects disability assistance the following month in accordance (i.e. November income is declared by December 5th and affects January disability assistance).
The rate of disability assistance for a sole recipient with no dependents under Schedule A is $983.50 support and $375 shelter for a total of $1358.50.
Therefore, as your $2796 net income from November is not exempt and exceeds the $1358.50 rate of assistance, you are not eligible for January disability assistance and your $1864 net income from December is not exempt and exceeds the $1358.50 rate of assistance, you are not eligible for February
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2023-0049 disability assistance in accordance with Section 9(2) of the EAPWD Regulation.” (b) The Appeal On February 15, 2023, the Appellant filed a Notice of Appeal (the “Appeal Notice”). In doing so, the Appellant advised of the following as his grounds for the Appeal:
“Income deducted to replace income assigned to a previous time cannot be two places at once. Further details to follow.”
(c) Appeal Hearing, Oral Submissions and Late Evidence The Appellant’s Appeal hearing was held on April 21, 2023, via videoconference. During oral submissions, the Appellant restated the argument found on the Appeal Notice with the provision of additional information. Effectively, the Appellant explained that the Ministry’s application of the applicable legislation resulted in an unfairness given that he received $1,252.00 in each of November and December 2022, not the $1,864.00 that was calculated by the Ministry.
In response, the Ministry referred to and relied upon the Appeal Record which largely consisted of the Reconsideration Decision. The Ministry explained why the Assignment of Benefits (“AOB”) deduction was calculated as part of the Appellant’s unearned income for November and December 2022. More specifically, the Ministry explained that the Federal Government automatically deducted the AOB from the EI Income as repayment to the Ministry for the amounts paid by the Ministry to the Appellant during the EI Income waiting period. In determining the Appellant’s EI Income amount, the Federal Government used the prescribed Minimum Weekly Living Allowance (“MWLA”) which, at the material time, was $504.00 per week. As the MWLA exceeded the Appellant’s monthly rate of assistance, the Appellant was required to repay the AOB; however, the legislation required the AOB deduction to be calculated as part of the Appellant’s unearned income.
The Ministry had no objection to the Appellant’s oral submissions. To the extent that the Appellant provided additional evidence, the Panel determined that the Appellant’s submissions and evidence were admissible as additional evidence pursuant to section 22(4) of the Employment and Assistance Act as it was reasonably required for a full and fair disclosure of all matters related to the decision under Appeal. More specifically, the additional evidence contributed to the Panel’s understanding of the circumstances surrounding the Appeal.
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2023-0049 Part F – Reasons for Panel Decision The issue under appeal is the reasonableness of the Reconsideration Decision in which the Ministry denied the Appellant DA for January and February 2023 because the EI Income he received in November and December 2022, which is not exempt, exceeded the Ministry’s monthly rate of assistance.
Appellant’s Position The Appellant argues that he ought to be entitled to DA for January and February 2023 given that the Ministry’s application of the applicable legislation resulted in an unfairness as he actually received $1,252.00 in each of November and December 2022, not the $1,864.00 that was calculated by the Ministry.
Ministry’s Position The Ministry maintains that the Appellant is ineligible for DA for the reasons stated in the Reconsideration Decision.
Panel Decision Generally speaking, the Panel notes that the applicable sections of the Act, the Regulation and the Schedules require an individual to pursue, accept, and use all other unexempted income to support themselves before DA may be issued.
Pursuant to section 3 of the Act, a family unit is eligible for DA if each person in the family unit on whose account the DA is provided satisfies the initial and continuing conditions of eligibility established under the Act, and the family unit has not been declared ineligible for the DA.
Pursuant to sections 9 and 24 of the Regulation, to be eligible for DA, a family unit’s net income must not equal or exceed the amount of DA that the individual would otherwise be entitled to. To determine a family unit’s DA entitlement, one must look to Schedules A and B.
Pursuant to sections 2 and 4 of Schedule A, the maximum amount of monthly support that can be received by a recipient of DA is $983.50, while the maximum amount of shelter support is $375.00. In total, a sole recipient of DA can receive up to $1,358.50 per month.
The Regulation and sections 1 and 2 of Schedule B indicate that income can be earned, unearned, or exempt (not considered income). In calculating income, EI Income issued by Service Canada is unearned income that is not exempted (other than permitted deductions). Conversely, EI Income issued as a result of maternity benefits, parental benefits, or special benefits for Parents of Critically Ill Children is exempted unearned income.
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2023-0049 Section 9 of Schedule B provides that eligibility for DA is determined based on all available income and applicable exemptions. Exemptions on income apply only in the calendar month in which the income is actually received regardless of (i) the date the income is payable; (ii) the period for which the income is payable; (iii) the date the income is reported to the Minister; and (iv) the date the Minister receives notice of the income.
As it relates to the interplay between the MWLA and the AOB deduction, the Panel notes that the commencement of EI Income issued by the Federal Government can be delayed due to a waiting period; as a result, the Ministry provides assistance until the EI Income is paid. When payment of the EI Income begins, it can sometimes be backdated to account for periods of time it ought to have been paid for; however, when this happens, it means there could be an overlap of EI Income and the assistance provided by the Ministry. In such cases, the Federal Government deducts the AOB directly from one’s EI Income for any weeks where the person received both the Ministry’s assistance and the EI Income. For clarity, the Ministry only collects repayment when one’s EI Income is above the MWLA which is established by the Federal Government and applied nationally.
On review of the evidence and oral submissions provided, the Panel finds that the Ministry calculated the Appellant’s income for November and December 2022 as required by the Act, the Regulation and Schedules A and B. For clarity, the Ministry determined that the Appellant received EI Income in the amount of $1,864.00 in each of November and December 2022. While the Appellant argues that the Ministry should not have included the amounts garnished to repay the AOB as part of its income calculation, the legislation requires the Ministry to include the AOB repayment in its income calculation. Put differently, the legislation did not allow the Ministry to exempt the repayment of AOB from its calculation of the Appellant’s income for November and December 2022.
As a result, the Panel finds that the Ministry correctly calculated the Appellant’s unearned income for November and December 2022.
Conclusion The Panel finds that the Ministry’s calculation of the Appellant’s unearned income for November and December 2022 was a reasonable application of the legislation in the circumstances. The Panel confirms the Reconsideration Decision. The Appellant is not successful in his Appeal.
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Legislation
2023-0049
Employment and Assistance for Persons with Disabilities Act 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.
Reporting obligations 11 (1) For a family unit to be eligible for disability assistance, a recipient, in the manner and within the time specified by regulation, must (a) submit to the minister a report that (i) is in the form specified by the minister, and (ii) contains the prescribed information, and (b) notify the minister of any change in circumstances or information that (i) may affect the eligibility of the family unit, and (ii) was previously provided to the minister. (2) A report under subsection (1) (a) is deemed not to have been submitted unless the accuracy of the information provided in it is affirmed by the signature of each recipient.
Employment and Assistance for Persons with Disabilities Regulation Definitions 1 (1) In this regulation: "unearned income" means any income that is not earned income, and includes, without limitation, money or value received from any of the following: (a) money, annuities, stocks, bonds, shares, and interest bearing accounts or properties; (b) cooperative associations as defined in the Real Estate Development Marketing Act; (c) war disability pensions, military pensions and war veterans' allowances; (d) insurance benefits, except insurance paid as compensation for a destroyed asset; (e) superannuation benefits; (f) any type or class of Canada Pension Plan benefits; (g) employment insurance; (h) union or lodge benefits; (i) financial assistance provided under the Employment and Assistance Act or provided by another province or jurisdiction; (j) workers' compensation benefits and disability payments or pensions; (k) surviving spouses' or orphans' allowances; (l) a trust or inheritance;
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2023-0049 (m) rental of tools, vehicles or equipm ent; (n) rental of land, self-contained suites or other property except the place of residence of an applicant or recipient; (o) interest earned on a mortgage or agreement for sale; (p) maintenance under a court order, a separation agreement or other agreement; (q) education or training allowances, grants, loans, bursaries or scholarships; (r) a lottery or a game of chance; (s) awards of compensation under the Criminal Injury Compensation Act or awards of benefits under the Crime Victim Assistance Act, other than an award paid for repair or replacement of damaged or destroyed property; (t) any other financial awards or compensation;
(u) Federal Old Age Security and Guaranteed Income Supplement payments; 18/94 (v) the purposes of the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada);
(w) tax refunds; (x) gifts of money, annuities, stocks, bonds, shares, and interest bearing accounts or properties; (y) gifts in the form of payment by another person of a debt or obligation.
Modifications in relation to COVID-19 emergency 2.01 (1) This section applies in relation to the provision of assistance for a calendar month after April, 2020 to or for
(a) a family unit that (i) was eligible on April 2, 2020, or includes a person who was in a family unit that was eligible on April 2, 2020, for disability assistance or hardship assistance, or
(ii) includes a person with disabilities who was a person with disabilities on April 2, 2020, or
(b) a family unit that is described in section 2.1 (1) (a) of the Employment and Assistance Regulation.
(2) Section 10 (1) is to be read as though it also provided that the following assets are exempt for the purposes of section 10 (2):
(a) an income support payment under the Canada Emergency Response Benefit Act; (a.1) a benefit under the Canada Recovery Benefits Act; (a.2) a benefit under the Canada Worker Lockdown Benefit Act; (b) employment insurance for a period ending before November 21, 2021; (c) pandemic pay.
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2023-0049 (3) Section 1 (a) of Schedule B is to be read as t hough it also provided that the following are exempt from income when calculating the net income of a family unit for the purposes of section 24 (b) of this regulation:
(a) an income support payment under the Canada Emergency Response Benefit Act; (a.1) a benefit under the Canada Recovery Benefits Act; (a.2) a benefit under the Canada Worker Lockdown Benefit Act; (b) employment insurance for a period ending before November 21, 2021; (c) pandemic pay. (4) Section 6 of Schedule D is to be read as though it also provided that no deduction is to be made for the following when calculating the maximum amount of hardship assistance for which an applicant’s family unit is eligible under section 2 of that Schedule:
(a) an income support payment under the Canada Emergency Response Benefit Act; (a.1) a benefit under the Canada Recovery Benefits Act; (a.2) a benefit under the Canada Worker Lockdown Benefit Act; (b) employment insurance for a period ending before November 21, 2021; (c) pandemic pay. (5) Repealed. [B.C. Reg. 322/2021]
(6) For the purposes of this regulation, pandemic pay is to be read as though it is unearned income.
(7) In this section: “COVID-19 emergency” means the emergency that is the subject of (a) the notice provided on March 17, 2020 by the provincial health officer under section 52(2) of the Public Health Act, and
(b) the declaration of a state of emergency made on March 18, 2020, and any extension of that declaration, under section 9 of the Emergency Program Act;
“essential service” has the same meaning as in the COVID-19 (Limits on Actions and Proceedings) Regulation;
“pandemic pay” means additional income received for work, or the provision of a service, that
(a) the minister considers is an essential service, and (b) is received (i) on a temporary basis during the COVID-19 emergency, and (ii) in addition to the earned income that is received in exchange for the same work or the provision of the same service.
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2023-0049
Limits on income 9 (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 disability assistance if the net income of the family unit determined under Schedule B equals or exceeds the amount of disability assistance determined under Schedule A for a family unit matching that family unit
Amount of disability assistance 24 Disability 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.
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); ( ) a family unit receives unearned income that is compensation paid under section 191 [temporary total disability] or 192 [temporary partial disability] 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 specified by the minister: (i) change in the family unit's assets; (i) change in income received by the family unit and the source of that income; (ii) change in the employment and educational circumstances of recipients in the family unit; (iii) change in family unit membership or the marital status of a recipient; (iv) any warrants as described in section 14.2 (1) of the Act; (v) 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 191 [temporary total disability] or 192 [temporary partial disability] of the Workers Compensation Act received by the family unit in the calendar month.
SCHEDULE A Disability Assistance Rates (section 24 (a))
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2023-0049
Maximum amount of disability assistance before deduction of net income 1 (1) Subject to this section and sections 3 and 6 to 9 of this Schedule, the amount of disability assistance referred to in section 24 (a) [amount of disability 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), disability 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.
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);
"maximum adjustment" repealed; [B.C. Reg. 34/2017] "warrant" has the meaning of warrant in section 14.2 [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 (a.1) Repealed [B.C. Reg. 193/2017] (b) the amount calculated in accordance with subsections (2) to (4) for each dependent child in the family unit.
Column 1 Item Family unit composition 1 Sole applicant/recipient and no dependent children
Column 2 r A ecip ie nt
f
li
Applicant/recipient is a person with disabilities
Column 3 Amount
($)
983.50
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 warrant in section 14.2 [consequences in relation to outstanding arrest warrants] of the Act.
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2023-0049
(2) The monthly shelter allowance for a family unit other than a family unit described in section 14.2 (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 1
Column 1 Family Unit S 1 i pe rson
Column 2 Column 3 Minimum Maximum
$75
$375
Schedule B Net Income Calculation (section 24 (b) )
Deduction and exemption rules 1 When calculating the net income of a family unit for the purposes of section 24 (b) [amount of disability 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. 2, s. 2 (a).] (iii)Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 2 (c).] (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;
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2023-0049 (ix)individual pay ments 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; (xii.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; (xii.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; (xiii)the BC earned income benefit; (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;
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2023-0049 (xv)a rent subsid y 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. 2, s. 11 (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)money paid by the government of British Columbia, under a written agreement, to a person with disabilities or to a trustee for the benefit of a person with disabilities to enable the person with disabilities to live in the community instead of in an institution; (xxi)Repealed. [B.C. Reg. 85/2012, Sch. 2, s. 7.] (xxii)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; (xxiii)payments granted by the government of British Columbia under the Ministry of Children and Family Development's At Home Program; (xxiv)Repealed. [B.C. Reg. 85/2012, Sch. 2, s. 7.] (xxv)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; (xxvi)a loan that is
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2023-0049 (A)not gre ater than the amount contemplated by the recipient's business plan, accepted by the minister under section 70.1 of this regulation, and (B)received and used for the purposes set out in the business plan; (xxvii)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 (B)Autism Funding: Ages 6 — 18 Program; (xxviii)Repealed. [B.C. Reg. 148/2015, App. 2, s. 1 (a).] (xxix)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; (xxx)a refund provided under Plan I as established under the Drug Plans Regulation; (xxxi)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; (xxxii)a Universal Child Care Benefit provided under the Universal Child Care Benefit Act (Canada); (xxxiii)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; (xxxiv)money withdrawn from a registered disability savings plan; (xxxv)a working income tax benefit provided under the Income Tax Act (Canada); (xxxvi)Repealed. [B.C. Reg. 180/2010, s. 2 (b).]
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2023-0049 (xxxvii)the climat e action dividend under section 13.02 of the Income Tax Act; (xxxviii)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; (xxxix)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; (xl)payments granted by the government of British Columbia under the Ministry of Children and Family Development's Family Support Services program; (xli)payments granted by the government of British Columbia under the Ministry of Children and Family Development's Supported Child Development program; (xlii)payments granted by the government of British Columbia under the Ministry of Children and Family Development's Aboriginal Supported Child Development program; (xliii)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; (xliv)payments granted by the government of British Columbia under the Temporary Education Support for Parents program; (xlv)a BC early childhood tax benefit; (xlv.1)a BC child opportunity benefit; (xlvi)child support; (xlvii)orphan's benefits under the Canada Pension Plan Act (Canada); (xlviii)money or other value received, by will or as the result of intestacy, from the estate of a deceased person;
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2023-0049 (xlix)gifts; (l)education and training allowances, grants, bursaries or scholarships, other than student financial assistance; (li)money withdrawn from a registered education savings plan; (lii)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; (liii)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; (liv)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; (liv.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 with a settlement agreement in respect of a claim for injury, loss or damage caused by the Minister of Children and Family Development, that ministry, an employee of that ministry or a person retained under a contract to perform services for that ministry;
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2023-0049 (liv.2)money that is paid or payable by the government of British Columbia to or for a person because the person was a resident of Woodlands School; (lv)a disabled contributor's child's benefit paid or payable under the Canada Pension Plan; (lvi)payments granted under an agreement referred to in section 94 of the Child, Family and Community Service Act; (lvii)money that is paid or payable, in respect of a child, from property that comes into the control of, or is held by, the Public Guardian and Trustee; (lviii)money that is paid or payable from a settlement in respect of Treaty No. 8 agricultural benefits; (lviv)money that is paid or payable from a settlement under (A)the Cadboro Bay Litigation Settlement Agreement, dated for reference November 1, 2017, between the Esquimalt Nation and Canada, or (B)the settlement agreement, dated for reference October 30, 2017, between the Songhees Nation and Canada; (lx)money that is paid or payable under the Memorial Grant Program for First Responders established under the authority of the Department of Public Safety and Emergency Preparedness Act (Canada); (lxi)money, or goods or services in kind, received or to be received by a participant in the Ministry of Social Development and Poverty Reduction's Work Experience Opportunities Grant program from a grant under the program; (lxii)a rebate of all or part of a premium paid to the Insurance Corporation of British Columbia under the Insurance (Vehicle) Act and the plan operated under that Act; (lxiii)an amount that is paid or payable, as a single payment or series of payments, as follows: (A)the amount is paid or payable by a person who is or was a landlord, owner or manager, or a person
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2023-0049 who holds or held a similar position, in relation to leased, rented or licensed residential premises, whether or not the Residential Tenancy Act or the Manufactured Home Park Tenancy Act applies to that premises; (B)the amount is paid or payable to a person who is or was a tenant, lessee, licensee or occupant, or a person who has or had a similar right or permission to use the premises for residential purposes; (C)the amount is paid or payable as full or partial compensation for loss of the residential use of the premises, including for eviction, relocation, demolition, temporary displacement during repair, renovation or redevelopment, or as an inducement to cease or suspend residential use; (D)the amount is paid or payable under an enactment, a policy or a contract, or voluntarily or at the discretion of the person referred to in clause (A); (lxiv)money that is paid or is payable to or for a person from a settlement under the Williams Treaties Settlement Agreement signed August 22, 2018; (lxv)money that is paid or is payable to or for a person from a settlement under the Missanabie Cree First Nation Treaty Land Entitlement Settlement Agreement signed April 24, 2020; (lxvi)money that is paid or is payable to or for a person from a settlement under the Peepeekisis Cree Nation File Hills Colony Specific Claim Settlement Agreement signed March 23, 2021; (lxvii)money that is paid or is payable to or for a person from a settlement under an agreement to settle claims relating to the transfer of the Seabird Island Indian Reserve in 1959 by the Government of Canada to the Seabird Island Band and the distribution of shared trust funds on a per capita basis; (lxviii)a voted support payment.
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2023-0049 (b)any amount garnish ed, attached, seized, deducted or set off from income is considered to be income, except the deductions permitted under sections 2 and 6, (c)all earned income must be included, except the deductions permitted under section 2 and any earned income exempted under sections 3 and 4, and (d)all unearned income must be included, except the deductions permitted under section 6 and any income exempted under sections 3, 7 and 8.
Deductions from earned income 2 The only deductions permitted from earned income are the following: (a)any amount deducted at source for (i)income tax, (ii)employment insurance, (iii)medical insurance, (iv)Canada Pension Plan, (v)superannuation, (vi)company pension plan, and (vii)union dues; (b)if the applicant or recipient provides both room and board to a person at the applicant's or recipient's place of residence, the essential operating costs of providing the room and board; (c)if the applicant or recipient rents rooms that are common to and part of the applicant's or recipient's place of residence, 25% of the gross rent received from the rental of the rooms.
Deductions from unearned income 6 The only deductions permitted from unearned income are the following: (a)any income tax deducted at source from employment insurance benefits; (b)essential operating costs of renting self-contained suites. Exemptions — unearned income 7 (0.1)In this section:
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2023-0049
"disability-related cost" means a disability-related cost referred to in paragraph (a), (b), (c) or (e) of the definition of disability-related cost in section 12 (1) [assets held in trust for person with disabilities] of this regulation;
"disability-related cost to promote independence" means a disability-related cost referred to in paragraph (d) of the definition of disability-related cost in section 12 (1) of this regulation;
"intended registered disability savings plan or trust", in relation to a person referred to in section 12.1 (2) [temporary exemption of assets for person with disabilities or person receiving special care] of this regulation, means an asset, received by the person, to which the exemption under that section applies;
"structured settlement annuity payment" means a payment referred to in subsection (2) (b) (iii) made under the annuity contract referred to in that subsection.
Minister's discretion to exempt education related unearned income 8 (1)In this section:
"day care costs" means the difference between a student's actual day care costs and the maximum amount of child care subsidy that is available under the Child Care Subsidy Act to a family unit matching the student's family unit;
"education costs", in relation to a student and a program of studies, means the costs, including the costs of tuition, student fees, books, equipment, supplies and transportation, that, in the opinion of the minister, are reasonably required for the student to participate in the program of studies.
(2)The minister may authorize an exemption for a student up to the sum of the student's education costs and day care costs, for a period of study, from the total amount of student financial assistance received by the student for the period of study. Application of deductions and exemptions 9 (1)The deductions and exemptions in this Schedule apply only in the calendar month in which the income is actually received, despite any of the following: (a)the date the income is payable;
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2023-0049 (b)the period for which the income is payable; (c)the date the income is reported to the minister; (d)the date the minister receives notice of the income. (2)Despite subsection (1), income that is received before the date that subsection (1) comes into force is subject to the application of section 9 of this regulation as it read immediately before subsection (1) came into force.
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Part G – Order The panel decision is: (Check one)
APPEAL NUMBER 2023-0049
☒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) ☒ Section 24(2)(a)☒ or Section 24(2)(b) ☐
Part H – Signatures Print Name Anil Aggarwal Signature of Chair
Date (Year/Month/Day) 2023/04/21
Print Name Jan Broocke
Signature of Member
Print Name Glenn Prior Signature of Member
EAAT003 (17/08/21)
Date (Year/Month/Day) 2023/04/25
Date (Year/Month/Day) 2023/04/24
Signature Page