Ministry of Social Development and Poverty Reduction

Part C – Decision Under Appeal

Appeal Number 2023-0230

The decision under appeal is the Ministry of Social Development and Poverty Reduction (ministry) reconsideration decision dated July 21, 2023, which determined the appellant was not eligible for disability assistance for June 2023, as the Employment Insurance income she received exceeded her assistance rate.

Part D – Relevant Legislation

Employment and Assistance for Persons with Disabilities Act (Act), sections 3 and11

Employment and Assistance for Persons with Disabilities Regulation (Regulation), sections 1, 9, 24, and 29, Schedule A, sections 1, 2, and 4 and Schedule B, sections 1, 3, 6, and 7.

Employment Insurance Act (Canada)

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 2023-0230

The appellant did not attend the hearing. After verifying the appellant was notified, the hearing proceeded as per section 86(b) of the Employment and Assistance Regulation.

Relevant Evidence Before the Minister at Reconsideration

Ministry Records show:  The appellant is a sole recipient of disability assistance receiving $1410.50 per month ($983.50 support, $375.00 shelter, and $52.00 transportation supplement).  On April 27, 2023, the ministry received information from Service Canada, which shows the appellant received $3104.00 Employment Insurance (EI - illness/sickness benefits) in April 2023.  On May 25, 2023, the ministry determined the appellant’s EI income exceeded the maximum amount of disability assistance ($1358.50) and she was not eligible for disability assistance for June 2023.

Monthly Report (May 3, 2023) The report shows, EI declared - $3104.00

Employment Insurance/Ministry Common Claimant Report (May15, 2023) The report shows eight weeks of EI paid ($388.00/each week), issued April 6 – 21 2023.

Request for Reconsideration (July 7, 2023 ) - summary The appellant states she was unaware EI medical was considered unearned income since she actually had to be earning income to receive EI. She states she has begged and borrowed for weeks for rent and food and hasn’t eaten for three days.

She states this has also affected her eligibility to receive moving assistance. She read that she was eligible to receive assistance to move her belongings from storage at her former residence to her new residence. She submitted the quote as requested, but now her ineligibility is affecting the move assistance. The appellant states her belongings are on a truck but since she has no assistance to pay, her belongings won't be dropped off and she has now lost everything she owns - total and complete poverty.

The appellant also adds that utilities are a lot more at her current residence than what she’s used to. She states she has no money and is an above-knee amputee.

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Additional Information

Appellant

Appeal Number 2023-0230

Notice of Appeal (August 1, 2023) The appellant states she is appealing the decision making her ineligible to receive June and July 2023 disability assistance. She states she did not realize that EI was taken off her disability assistance as anything else she claimed (i.e. work hours) was exempt. She states she was surprised to learn that EI is considered unearned income since she cannot receive EI until she has worked enough hours and paid into EI.

So, when she received her medical EI payments she paid some money towards outstanding bills, leaving her stranded. She has learned that disability assistance will not be available until her medical EI is over.

However, the appellant states her medical EI is over and she hasn’t received any sort of income since early June. She still owes her roommate $700.00 for July rent plus $400.00 utilities. She has been juggling, begging, borrowing and lying to get by while trying to figure this out. If she cannot find these funds, plus August rent of $1075.00, then she will be asked to leave, which puts her on the street. Being homeless is scary enough but she is an above-knee amputee and homelessness seems next to impossible

The appellant states she is submitting this appeal for reconsideration plus a consideration of emergency funds while awaiting this tribunal decision. She is absolutely desperate, and this has increased her stress level immensely.

Ministry At the hearing, the ministry relied on its record and added that the appellant did declare prior employment earnings, but the ministry did not know why the appellant was off work. As well, the ministry confirmed that its decision to deny disability assistance only applied to June 2023.

The panel determined the additional information to be argument.

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Part F – Reasons for Panel Decision

Appeal Number 2023-0230

The issue on appeal is whether the ministry’s reconsideration decision was reasonably supported by the evidence or was a reasonable application of the legislation in the circumstances of the appellant.

Specifically, did the ministry reasonably determine that the appellant was not eligible for disability assistance for June 2023, because the EI income she received exceeded her assistance rate?

In the Notice of Appeal, the appellant states she is appealing the decision making her ineligible to receive June and July 2023 disability and she is also requesting emergency funds. However, as the ministry decision for disability assistance only applies to June 2023, the panel will only make a determination for June and not July 2023. As well, as the panel’s jurisdiction is limited to the reconsideration decision, the panel cannot consider a new request for emergency funds..

Appellant Position The appellant states she did not realize that EI was taken off her disability assistance.

She argues she hasn’t received any income since early June and still owes her roommate $700.00 for July rent plus $400.00 utilities. She has been juggling, begging, borrowing and lying to get by while trying to figure this out. She argues that if she cannot find these funds plus August rent of $1075.00, she will be on the street. Being homeless is scary enough but she is an above-knee amputee and homelessness seems next to impossible

The appellant argues that she is absolutely desperate, and this has increased her stress level immensely.

Ministry Position The ministry states this decision is regarding the appellant’s eligibility for June disability assistance only. It argues that based on the reporting cycle, the appellant’s April EI income is reported in May and affects her June assistance. As the ministry calculated the appellant’s net income from the EI received in April as $3104.00, which exceeded her disability rate, it must be deducted from June’s assistance. The ministry adds that EI income is unearned income under section 1 of the Regulation.

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Appeal Number 2023-0230

The ministry also states that section 3 of the Re gulation refers to qualifying annual exemptions and a family unit with one adult recipient who has the Person With Disabilities (PWD) designation can have a maximum annual exemption of $15,000, which includes unearned income paid under the Workers Compensation Act. However, the ministry argues this does not apply to the appellant as medical EI is not qualifying income for the annual exemption.

Further, the ministry argues, the appellant’s EI is not for maternity, parental or benefits to care for a critically ill child, and so her EI income is not exempt under section 7 of Schedule B of the Regulation. In accordance with section 24 of the Regulation, the ministry finds the EI received in April 2023 is not exempt and exceeds the appellant’s assistance rate. Therefore, she is not eligible for disability assistance.

Panel Analysis Section 3, Act – eligibility Section 3 of the Act states a family unit is eligible for disability assistance if each person in the family satisfies the initial and continuing conditions of eligibility established under this Act.

Section 11, Act & Section 29, Regulation - reporting obligations Section 11 of the Act states, for a family unit to be eligible for disability assistance, a recipient must submit a report to notify the minister of any information that may affect their eligibility.

Section 29 of the Regulation states for the purposes of section 11 of the Act the report must be submitted by the 5 th day of the month following the month in which there is a change in income received by the family unit and the source of that income.

The ministry argues that based on the reporting cycle, the appellant’s April EI income is reported in May and affects her June assistance. Although the panel finds this reporting cycle is not found in legislation, the panel finds it to be reasonable for the purpose of administering the disability assistance program.

Section 1, Regulation – definitions The panel notes section 1 of the Regulation states, "unearned income" means any income that is not earned income, and includes, “(g) employment insurance”.

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Appeal Number 2023-0230

Sections 9 & 24, Regulation – limits on income & amount of disability assistance Section 9(2) of the Regulation states, 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.

Section 24 of the Regulation states disability assistance may be provided 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.

Sections 1, 2 & 4, Schedule A, Regulation – disability assistance rates The panel notes Schedule A shows the monthly support rate for a sole applicant (PWD) as $983.50 and the monthly shelter allowance as $375, for a total of $1,358.50. Ministry records state the appellant is a sole recipient of disability assistance. The panel finds the ministry reasonably determined the appellant’s assistance rate as $1,358.50.

Sections 1, 3, 6 and 7 Schedule B, Regulation – deductions and exemptions Section 1 of Schedule B provides a list of monies that are exempt when calculating the net income under section 24. The panel notes EI benefits paid under sections 22, 23 or 23.2 of the Employment Insurance Act are exempt. However, the panel also notes that these sections of the EI Act pertain to pregnancy and parental benefits and benefits to care for a critically ill child. The panel finds there are no other EI benefits which are exempt under section 1 of Schedule B.

Section 3 of Schedule B refers to an annual exemption and defines qualifying income as unearned income that is compensation paid under section 191 [temporary total disability] or 192 [temporary partial disability] of the Workers Compensation Act. The panel notes the appellant declared Employment Insurance on her monthly report, not monies received under the Worker’s Compensation Act ; The panel finds section 3 of Schedule B does not apply.

The panel also notes the only deductions permitted from unearned income under section 6 is income tax deducted at source from employment insurance benefits and essential operating costs of renting self-contained suites. The panel finds section 6 does not apply to the appellant.

Section 7 of Schedule B lists exemptions that apply to unearned income. The panel notes EI is not listed as an exemption under section 7.

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Appeal Number 2023-0230

As there are no exemptions pertaining to EI m edical benefits under Schedule B, the panel finds the appellant’s net income under Schedule B is calculated as $3104.00.

The panel finds as the $3104.00 EI benefits are considered unearned income as per section 1 of the Regulation and are not exempt under Schedule B of the Regulation, no disability assistance can be provided, as per section 24 of the Regulation. $1358.00 (schedule A) - $3404.00 (schedule B) = $0.00,

Therefore, the panel finds the ministry reasonably determined the appellant was not entitled to disability assistance for June 2023.

Conclusion In conclusion, the panel finds the ministry decision, which determined the appellant was not eligible for disability assistance for June 2023 because the EI income she received exceeded her assistance rate, was a reasonable application of the legislation in the circumstances of the appellant.

The appellant is not successful on appeal.

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Appeal Number 2023-0230

Schedule of L egislation

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… if (a)each person in the family unit on whose account the disability assistance…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…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.

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:…

(g)employment insurance;…

Limits on income 9… (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.

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Appeal Number 2023-0230

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);… (iii)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:… (ii)change in income received by the family unit and the source of that income;…

Schedule A

Disability Assistance Rates (section 24 (a) )

Maximum amount of disability assistance before deduction of net income 1 (1)Subject to this section and sections 3 and 6 to 8 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….

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

Item

1

Column 1 Family unit composition

Sole applicant / recipient and no dependent children

Column 2 Age or status of applicant or recipient

Applicant / recipient is a person with disabilities

Column 3 Amount ($) $983.50

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Appeal Number 2023-0230

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

Schedule B

Item 1

Column 1 Column 2 Column 3 Family Unit Size Minimum Maximum 1 person $75 $375

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;… (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

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Appeal Number 2023-0230 (A)paid or payable to a person if the money is awarded to the person by an adjudicative panel in respect of claims of ab use at Jericho Hill School for the Deaf and drawn from a lump sum settlement pa id 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; (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;… (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;… (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 (A)not greater 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).]

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Appeal Number 2023-0230 (xxix)payments made by a health authority or a contractor of a health authority to a recipient, who is a "person with a mental di sorder" as defined in section 1 of the Mental Health Act, for the purpose of sup porting 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); (xxxii.1)a rental housing benefit provided under the Rental Housing Benefit Act (Canada); (xxxii.2)a dental benefit provided under the Dental 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);… (xxxvii)the climate 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; (xlv.2)a BC family 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; (xlix)gifts;

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