Ministry of Social Development and Poverty Reduction

Part C – Decision Under Appeal

Appeal Number 2023-0152

The decision under appeal is the Ministry of Social Development and Poverty Reduction (ministry) reconsideration decision dated May 15, 2023, which determined the appellant was not eligible for disability assistance after March 31, 2023, while the family resides out of province.

The appellant requested extensions of his disability assistance for two periods: from April to September 2023, and from October 2023 to September 2024. This decision will consider those two extensions separately.

Part D – Relevant Legislation

Employment and Assistance for Persons with Disabilities Regulation (Regulation), section 15

Relevant sections of the legislation can be found in the Schedule of Legislation at the end of this decision.

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Part E – Summary of Facts

Appeal Number 2023-0152

Relevant Evidence Before the Minister at Reconsideration

Ministry Records show:  The appellant’s file has been open since January 2019. He received the Persons with Disabilities (PWD) designation in April 2019. The family unit includes a spouse, four dependent children and two other children, who are over 19.  In June 2021 the appellant was halfway through a Screenwriting: Film and TV Certificate program with a university in another country. Although most of the courses were completed online, the appellant was required to go to the other country to complete classes in person.  On July 7, 2021, the ministry provided approval for the family to remain on assistance while moving out of the province for over 30 days, so the appellant could participate in the education program. This approval ended in June 2022 as the end of the program was expected to be May or June 2022.  On August 26, 2021 the ministry approved an extension to March 31, 2023, as the appellant missed the summer enrollment deadline waiting for a reconsideration decision.  On December 9, 2021, the appellant submitted his monthly report declaring he had moved to the other country for school.  On August 26, 2022 the appellant’s spouse contacted the ministry requesting that the approval be extended as the appellant had the opportunity to continue his education further. The appellant was advised to submit documentation for the new request.  On December 30, 2022 the appellant requested ministry approval for an extension to June 30, 2024 to allow him to complete his certificate program and pursue Optional Practical Training (OPT) to gain work experience in the industry. He included a letter from the university.  On January 25, 2023 the ministry requested additional information for the extension request. The appellant provided his address in the other country, rent receipts and landlord information. He stated that his family is living in the other country due to his education, and does not pay rent in BC. The plan is to move back to BC after he graduates at the end of June 2023. He has a tentative arrangement for housing in BC upon his return.  The appellant stated he has been homeschooling all four children their whole lives and his mother has been his sponsor providing school and living expenses.

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 The appellant included his visa, valid unt il June 30, 2023, reporting it was extended due to his emergency gall bladder surgery in March 2022.  On March 25, 2023 the ministry determined the family does not meet residency requirements, noting recipients must reside in BC to be eligible for assistance.  On May 8, 2023 the appellant’s disability advocate provided information stating the appellant’s schooling was significantly delayed in March 2022 due to the need for emergency gallbladder surgery, causing a major setback in overall health and ability to complete the coursework in a timely manner.  On May 9, 2023 the ministry requested confirmation from the school of the courses completed, dates completed, total credits completed, and number of credits left to complete the program.  On May 15, 2023 the ministry received a letter from the appellant’s international student advisor reporting that the appellant has one more course to complete, and upon completion he will be eligible to apply for the internship program, which is expected to end September 2024. A transcript was included.

Letter from the Ministry to the Appellant (August 26, 2021) The ministry provided pre-approval for the family to remain on assistance while out of the province over 30 days participating in a formal education program, with a revised end date of March 31, 2023.

Letter to the Ministry from the International Student Advisor (December 21, 2022) The advisor writes that they support an out-of-province extension until June 30, 2024. Through their interactions with the appellant and his family, they are aware that he struggles with chronic disabilities and suffered a major setback in March 2022 when he had to undergo emergency surgery, which left him weakened and with increased digestion problems. Despite his struggles, he performed well in all his classes, earning all A’s. Given the success of his grades and the fact that he is on schedule to complete the program, the advisor requests that the ministry continue his disability benefits.

Out-of-Province Formal Academic Education and Extension Request (December 30, 2022) The appellant writes he is requesting an extension beyond March 31, 2023. He attached a letter from the university, which details his accomplishments and pursuit of an internship.

He states that he has invested much time, energy and financial commitment towards achieving this major goal in his life so he can be financially independent. He is not requesting tuition aid nor other educational expenses - only for the continuation of

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Appeal Number 2023-0152

monthly disability benefits for an out-of-provin ce formal education extension until June 30, 2024.

Out of Province Formal Education, Extension Request – Ministry Response (January 25, 2023) The ministry wrote it needed the following information to confirm the appellant’s ongoing eligibility for assistance. The information below includes the appellant’s responses. 1. Appellant’s current address in the other country and rent receipts/landlord information. The appellant provided his current address, phone number and rent receipts for 2022. 2. Rent receipts from January to December for the residence the appellant is maintaining in BC (all rent receipts for 2022). The appellant stated he and his family temporarily live in the other country and have a mailing address in BC, where they do not pay rent. Their plan is to move back to BC after his graduation. 3. School registration documents for all children The appellant states their children have been home schooled their whole lives. 4. Financial details associated with the appellant’s program, student loan information and details as to how he is paying for the program. The appellant states that his mother has been his sponsor. He attached her Affidavit of Support and financial information. 5. 60-day bank documents and bank profiles for all accounts held in Canada and the other country The appellant attached December 2022 and January 2023 bank statements. 6. Current copies (all family members) visas showing eligibility to stay in the other country. The appellant attached visas, which have been extended until June 30, 2023, due to the appellant’s emergency surgery in March of last year.

Request for Reconsideration (April 6, 2023 ) The appellant stated that he needed an extension.

Facsimile Cover Sheet: To Ministry from Disability Alliance BC (May 8, 2023) Appellant’s Request for Reconsideration

Letter to the Ministry from the Appellant’s Disability Advocate (May 8, 2023) The advocate writes that the appellant’s family was previously approved to remain on assistance while out of the province over 30 days in order to participate in a formal

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Appeal Number 2023-0152

education program. The appellant has been ab le to continue his education program due to his PWD benefits.

In March 2022 the appellant required emergency gallbladder surgery, which caused major setbacks to his overall health and his ability to complete his coursework in a timely manner. He has one more course to finish (expected end date is September 2023). After this course, the school has recommended that the appellant complete a school supported internship in order to gain experience and receive job offers. Completion of the internship is expected to end September 2024.

The advocate is requesting the ministry continue providing the appellant his PWD benefits so that he can finish his formal educational program and to avoid undue hardship by completing his internship. After this, he will return to BC to work. The appellant has already significantly invested his time, effort and money into his education in the hopes of being financially independent in the future. Without the continued support of the ministry the appellant will be unable to continue his classes and therefore will not complete his educational program and receive his certificate. This would be a considerable waste to the appellant and his family as well as to his future and financial independence moving forward.

The advocate also requested that the payments for February March and April 2023, be given to the appellant to avoid undue hardship

Letter to Whom It May Concern from an International Student Advisor (May 12, 2023) The advisor stated the appellant is pursuing the screen writing film and TV comprehensive program. He has one more course before he graduates (July 10 - September 18, 2023). Upon completion he will be eligible to apply for Optional Practical Training which is expected to end September 2024.

The advisor requests that the appellant continue his PWD benefits so he can finish his formal educational program, including his OPT.

Transcript of Record – from the University (May 12, 2023) First course - start date October 6, 2018, end date November 4, 2018 Last course - start date January 9, 2023, end date April 3, 2023

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Additional Information

Appellant

Appeal Number 2023-0152

Notice of Appeal (May 29, 2023) - summary The appellant states he has been disabled his whole life. He was diagnosed with severe asthma at the age of two, which caused two heart failures before the age of six. And, because of his medical situation, he had to endure sarcasm and mockery from his classmates. He learned to conceal his asthma. As well, the appellant states he tried to conceal his asthma from his family as he knew if they discovered he was having an asthma attack, it meant hospitalization with an IV, croup tent and isolation, while his family was at home laughing, eating, watching TV and enjoying all the things home gives a person.

The appellant states that from his teens to his 30s, depression (that started when he was five years old), worsened and he was prescribed antidepressants. In his late 40s, he suffered another heart failure and three mini strokes and could barely get out of bed, let alone out of the house.

Then, his mother and his wife presented the idea that he could return to school for film and television studies. The appellant states he was told several times as a child he would have better health in a different climate so when he was permitted by the ministry to leave the province, he and his family travelled to another country. He has discovered his asthma, allergies, OCD, depression and fibromyalgia are not as severe in this climate. With these health improvements, he has completed 18 courses with an A plus average and has been given letters of recommendation from his professors and has even developed his own television show. The appellant adds that he is enrolled to complete his final course during the summer quarter and will be an intern.

He states he is finally making industry connections to pitch and sell his scripts and hopefully achieve artistic satisfaction and financial independence. He adds his studies and internship is his only journey of hope.

Appellant Submission (August 3 and 9, 2023) The appellant provided the following documents with his submission.

Letter from an Advocate - Disability Alliance BC to the Employment and Assistance Tribunal (August 2, 2023) The advocate states they represent the appellant in this appeal.

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The appellant requests the ministry to continu e to provide PWD benefits while he finishes his formal education program outside of BC.

They attached the following documents: (1) letter from a student advisor (July 5, 2023) (2) second letter from the student advisor (August 2, 2023) (3) letter from the appellant’s doctor (August 3, 2022) (4) CT scan report (5) hospital report (March 2022)

They submit the Tribunal can consider this evidence pursuant to section 1(5) of the Employment and Assistance Act, SBC 2002, c 40 because it is necessary for a full and fair disclosure of all matters to the reconsideration decision.

In this written submission, all references to page numbers refer to the 89-page appeal record prepared by the Tribunal, dated June 5, 2023.

Reconsideration Decision On March 10, 2023, the appellant was denied continued coverage to complete his education program outside of BC. The decision states that he no longer meets the residency eligibility criteria in order to maintain PWD assistance. However, on August 26, 2021, the appellant’s family was pre-approved by the ministry to be out of province for more than 30 days in order to participate in a formal education program [page 88 of Appeal Record].

On December 30, 2022, the appellant requested an extension to this approval beyond March 31, 2023 to be able to successfully complete his educational program. He submitted his request for reconsideration on May 8, 2023. In the request [pages 21-34 of the appeal record], there is evidence from an advisor, that the appellant has one required credit needed to complete his program, which will be completed by the end of September 2023. The advocate also submitted information as to why the appellant was unable to complete the program in the time frame expected, due to his medical conditions.

Evidence The ministry states it is unclear what schooling delays occurred and there is no medical documentation to confirm the medical condition and the period of time when the appellant was medically unable to participate in school. The attached letters from the advisor and the appellant’s medical practitioner, speak to his medical conditions that

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Appeal Number 2023-0152

impacted his ability to complete his program a nd indicate which periods of time he was unable to participate in school due to these medical conditions.

In the letter dated August 3, 2022, the doctor indicates that the appellant suffers from severe and chronic conditions and that he requires a reduced academic course load. This is further supported by his CT Scan report and his hospital report from his procedure in March 2022.

In letters dated July 5 and August 2, 2023, the advisor indicates that the appellant was required to take a vacation quarter from June 2022 - September 2022 to recover from major gall bladder surgery and that he was approved for a medically reduced course load from September - December 2022 to recover from post-surgery digestion complications. It is also indicated that the appellant was taking a medically reduced course load for winter , spring and fall 2022, and winter 2023 due to his overall medical conditions as indicated by his doctor. Therefore, he was unable to complete his program by the predicted date of March 2023.

During the times of medically reduced course load and vacation terms, the appellant and his family were unable to return to BC, as it would not have been either financially or medically feasible to move his family back and forth between BC and the other country until the appellant completed his program.

Conclusion The appellant has already significantly invested his time, effort, and money into his education in the hopes of being financially independent in the future. Without the continued support of the ministry he will be unable to continue his classes and therefore will not complete his educational program and receive his certificate. This would be a considerable waste to him and his family, as well as his future and financial independence moving forward.

The advocate submits that based on the evidence provided by the advisor, and the appellant’s doctor that the appellant, should continue disability assistance on a temporary basis from April 1, 2023 until September 30, 2023 in order to complete his formal education program. The ministry was satisfied to allow the appellant to leave the province for more than 30 days in order to attend this formal education program, and they conclude that he should be able to complete this program despite delays caused by his medical conditions.

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Appeal Number 2023-0152

Letter from the International Student Advisor to W hom It May Concern (July 5, 2023) The advisor writes that the appellant was taking a vacation quarter (June 2022 - September 2022) to recover from a major gall bladder surgery. He also was approved for a Medical Reduced Course Load (MRCL) (September 22 – December 2022) to recover from post-surgery digestion complications. An MRCL is authorization for students who are eligible to enroll in less than 12 units, or if necessary, no units at all during the requested quarter.

Letter from the International Student Advisor To Whom It May Concern (August 2, 2023) The advisor writes that to authorize an MRCL, the student must provide medical documentation. The appellant was also approved for a vacation quarter in summer 2022 and spring 2023. During the approved two vacation quarters and MRCL in the fall of 2022, the appellant was not enrolled in any courses. The appellant is currently taking his final required course and is academically participating in a non-paid Curricular Practical Training, both of which are scheduled to be finished on September 17, 2023. Below is a summary of the appellant’s course loads.

Academic Quarters Dates Fall 2021 Sept – Dec Winter 2022 Jan – Mar Spring 2022 Mar -June Summer 2022 July – Sept Fall 2022 Sept – Dec Winter 2023 Jan – Mar Spring 2023 April – June Summer 2023 (final quarter) July – Sept

Course Load Taken 4 courses 2 courses *MRCL 2 courses *MRCL Approved vacation quarter No courses taken *MRCL 1 course taken *MRCL Approved vacation quarter 1 course + curricular practical training (unpaid internship)

Letter from Appellant’s Doctor to Whom It May Concern - (August 3, 2022) The letter states the appellant continues to suffer from severe and chronic conditions. When overwhelmed and under pressure, he reports the following severe functional limitations: - paralysis by fear -derailment of thought processes, abilities to plan and think critically -inability to concentrate -blurry vision The appellant continues to require a reduced course load (one course per quarter), as well as continuation of the accommodations provided during the previous quarter.

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Letter from the Appellant’s Doctor to Whom it May Concern (August 8, 2023) The doctor writes that the appellant was unable to attend school from July 1 – December 31, 2022 due to complications of gallbladder surgery including irritable bowel syndrome (diarrhea-type) and gastro-esophageal reflux disease.

Information from a Medical Centre Contains appellant’s name Admission date – March 21, 2022 Discharge date – March 25, 2022 Diagnosis pancreatitis cholelithiasis transaminitis abdominal pain nausea

Also contains discharge instructions

Final Report – Procedure: CT Abdomen and Pelvis without contrast (March 21, 2022)

Email from Appellant’s Friend to Review Board (August 8, 2023) The appellant’s friend writes that they have been asked by the appellant to explain their relationship and understanding of his existing condition.

They state they became friends through many walks discussing the challenges the appellant has with anxiety and other ailments that caused him great difficulty. Although the appellant suffers from these conditions, he is a very hard worker, spending many long hours at his craft. He is an incredible writer of songs, plays, sitcoms, and other artistic endeavors.

They have had many discussions regarding the appellant’s challenges in completing his school program and being able to do this in another country without citizenship. Through all of this, his family has worked together to provide the money required to cover expenses - especially, since he has not received his disability payments since March. This has exacerbated the appellant’s condition and made it very difficult for him to cope. The appellant’s friend states the appellant’s condition is very real and is asking that he be reinstated and receive back payments from March.

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Appeal Number 2023-0152

At the hearing, the appellant’s advocate relied on their submission (August 3 and 9, 2023) and also stated that although the main focus of the appeal is on the appellant completing his formal education, he would also like the internship considered. They added that just because the appellant’s disability is causing delays doesn’t mean he shouldn’t continue with his education. They stated the family has been under undue hardship and if assistance benefits are not approved for the internship, this would also be considered undue hardship.

The appellant added that he has fibromyalgia and OCD, one affects the body and one affects the mind. Along with other health issues, this slows everything down. He had surgery with complications, his organs were failing and he thought he was going to die.

The appellant also stated since he started his educational program the family has not left the other country. As well, he stated he was unaware that he was supposed to inform the ministry of the reasons he was not taking classes as he was still in school.

He added that he will be finished his last course in approximately three weeks and his internship will follow his last course.

Ministry At the hearing, the ministry relied on its record and added that the issue was that there was an eight-month gap where the appellant wasn’t taking classes and didn’t inform the ministry of his activities. As well, the ministry stated it does not consider an internship formal education.

The ministry had no objections to the additional information submitted on August 3 and 9, 2023.

Admissibility The panel determined the additional information is reasonably required for a full and fair disclosure of all matters related to the decision under appeal and therefore is admissible under section 22(4) of the Employment and Assistance Act.