Appeal Number 2024-0219 Part C – Decision Under Appeal The decision under appeal is the Ministry of Social Development and Poverty Reduction (the “ministry”) Reconsideration Decision dated May 24, 2024, in which the ministry found:
The appellant had failed to accurately report income she received between January and December 2023; The appellant had failed to report a change in circumstances to her family unit; The appellant received an overpayment of $9,720.80; The overpayment is a debt that must be repaid to the ministry; and A sanction is imposed ($25/month x 3 months) due to the appellant failing to accurately report income and change(s) in family composition.
Specifically, were the ministry’s findings reasonably supported by the evidence or a reasonable application of the legislation in the circumstances of the appellant?
Part D – Relevant Legislation Employment and Assistance for Persons with Disabilities Act, Section 1, 3, 11, 14.1, 18, and 19 Employment and Assistance for Persons with Disabilities Regulation, Section 1, 9, 24, 28.1, and 29 Employment and Assistance for Persons with Disabilities Regulation, Schedule A, Section 1, 2, and 4 Employment and Assistance for Persons with Disabilities Regulation, Schedule B, Section 1, 2, 3, and 4 Employment and Assistance Act, Section 22 (4)
Full text of the legislation is provided in the Schedule of Legislation at the end of the Reasons.
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Appeal Number 2024-0219 Part E – Summary of Facts The hearing took place on June 24, 2024 with the appellant and two panel members attending in person, and the ministry representative and the third panel member attending by teleconference.
The appellant is a sole recipient of disability assistance with two dependent children.
Information before the Ministry at the time of the Reconsideration—Background: The appellant has had an open assistance file since December 20, 2016; • The appellant’s family unit included the appellant and her four children; • July 2022, the appellant’s family unit included the appellant and her three children; and • May 2024, the appellant’s family unit includes the appellant and her two children; The appellant has had PWD designation from February 1, 2019; October 16, 2023, the ministry initiated a file review and requested documents from the appellant; October 27, 2023, the appellant submitted documents to the ministry; November 28, 2023, the ministry Quality and Compliance specialist spoke with the appellant. The appellant stated: (i) one dependent child did not live with her from May 2019 to February 2021; (ii) the same dependent child returned and lived with the appellant from February 2021 to August 2023; and (iii) the appellant had employment from two workplaces; November 28, 2023, the ministry sent the appellant a Request for Information letter asking for employment income records and a written declaration of the timeline and of what was stated during the call with the Quality and Compliance specialist; January 31, 2024, a ministry representative spoke to the appellant about deposits highlighted on the bank statement she submitted; the appellant advised that the deposits were income for providing private massage; March 27, 2024, the ministry identified a potential overpayment; the ministry representative left a voicemail message with the appellant about this and mailed a notification package to the appellant containing documents: • Notice of Potential Overpayment; • Draft Overpayment Chart #1; • Draft Overpayment Chart #2; • Overpayment Supporting Documents (income records & declaration letter); April 16, 2024, the ministry concluded its review:
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Appeal Number 2024-0219 • No response to the notice of pote ntial overpayment was received from the appellant; • A $9,720.80 overpayment was established due to: (i) unreported employment income, and (ii) the change in circumstances/living situation; and April 16, 2024, the ministry mailed the appellant the Overpayment Package containing documents: • Notice of Decision; • Overpayment Notification; • Notice of Sanction for PWD Clients; • Final Overpayment Chart #1; • Final Overpayment Chart #2; • Overpayment Supporting Documents; and • PWD Annual Earnings Exemption (AEE) calculator.
Information before the Ministry at the time of the Reconsideration—Documents: June 6, 2019 Monthly Report indicating: • “Yes” is checked off in response to the question, “Any changes in dependants or persons living in the home?”; • Handwritten note(s): o Child support decreased to $1,244 from $1,655; o One child moved back to live with their family on April 22, 2019; September 16, 2021 CRA letter confirming child and family tax benefits for one dependent child effective February 2021 and advising the appellant she must tell CRA right away if: • a child is no longer in her care; • she starts or ends a shared-custody situation; • her marital status changes; • her address changes; • she or her spouse or common-law partner is no longer a resident of Canada; • her immigration status changes; • her banking information changes; Monthly Report—handwritten note indicating August 2023—with details: • “Yes” is checked off in response to the question, “Any employment changes?” • Handwritten note stating in part: Working part time providing private massages; • Reported Income: o Net Employment Income: $2,344.79; o Child Support: $1,404;
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Appeal Number 2024-0219 o Child Tax Benefits: $1,185.8 3; and o All other income/money received: $280. Monthly Report—original December 14, 2023—with details: • “Yes” is checked off in response to the question, “Any employment changes?” • Handwritten note stating in part: Unable to work providing private massages; • Reported Income: o Net Employment Income: $209.90; o Child Support: $1,404; o Child Tax Benefits: $1,290.84; and o All other income/money received: $150. Monthly Report—amended December 14, 2023—with handwritten details added: • Reported Income: o Net Employment Income: $692.72 ($209.90 crossed out); and o All other income/money received: $0 ($150 crossed out). 2023 AEE Calculator for the appellant with family unit—single: 1 PWD; January to December 2023 monthly bank statements—53 pages—with individual e-transfer amounts highlighted and pay transactions highlighted from two worksites; Monthly Report—January 5, 2024—with handwritten details added: • Reported Income: o Net Employment Income: $1,079.57 ($622 crossed out); and o Child Tax Benefits: $0 ($240.84 crossed out). January 17, 2024 handwritten letter from the appellant—1 page— stating,”[dependent child] lived with [their] father from May 15, 2019 until February 13, 2021…” April 16, 2024 Overpayment Notification letter from Quality and Compliance stating, in part: • The appellant received income assistance she was not eligible to receive; • The appellant was overpaid $9,720.80; • Between January and December 2023, the appellant was not accurately reporting employment income from two worksites and from her private practice: o The appellant received $25,283.97 net earnings after reaching her AEE; she declared $4,117.08; • Between May 2019 and February 2021, due to one dependant child no longer residing with her, the appellant was not eligible to receive supports and shelter for a family unit of four; • Per legislation, repayment was required; • The ministry may impose sanctions;
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Appeal Number 2024-0219 April 16, 2024 Overpayment Decision let ter from Quality and Compliance stating, in part: • The appellant did not declare income or changed circumstances; • The appellant is required to submit a monthly report declaring all income, assets, and changes in circumstances even if she has no changes in income to report; • A sanction is applied; • As it is the appellant’s first occurrence, a sanction of $25/month for three months is imposed; April 16, 2024 Overpayment Notification stating, in part: • $9,720.80 overpayment; • Repayment amount to be deducted from monthly assistance: $10/month; April 16, 2024 Overpayment Chart 1 for March 2023 to February 2024—5 pages— noting: • Total Actual Income: $25,283.97; • Total Declared Income: $4,117.08; • Total Assistance Amount: $27,021.31; • Total Eligible: $18, 620.51; and • Total Overpay Amount: $8,400.80. April 16, 2024 Overpayment Chart 2 for July 2019 to January 2021—4 pages—noting: • Total Assistance Amount: $39,237.14; • Total Eligible: $37,917.14; and • Total Overpay Amount: $1,320. April 21, 2024 letter from education provider confirming the appellant’s enrolment; April 24, 2024 typewritten letter—3 pages—from the appellant indicating: • She did not intend to withhold income information; • In May 2019, she contacted CRA when her dependant child went to their father’s; the appellant understood all was connected between the governments and that the ministry was aware of the change right then; • In July 2023, she realized she was making more than the allowed $15,000 AEE and went to her local ministry office; she asked how to proceed so she did “not end up with debt to the Government”; • She was not aware of the need for monthly reporting until July 2023; • From July 2023 she has been diligently reporting her monthly income; • She made almost $10,000 more than was allowed without her income assistance being affected; • In March 2022 and through to 2023, personal circumstances including the dying and death of her mother meant finances were tight but throughout that time, she was able to provide for her family unit;
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Appeal Number 2024-0219 • She was hospitalized in October 2 023; • She is embracing a big opportunity for a career change; she has enrolled in an education course and upon completion, hopes to work in the area full time; • She continues to support her two children; effective May 2024, child support from her spouse has been reduced to $1,087/month; • She continues to provide part time private massages; she will continue to report the income; • Due to family, work, and study demands, she needs the financial support; • She has deep gratitude for the support; • She asks the ministry to review the decision to reduce her current assistance; • She is, “truly doing [her] best to be financially independent in the near future”; and May 7, 2024 Request for Reconsideration including: • Handwritten comments beside the notation of April 16, 2024 ministry actions; the appellant wrote, “I did not respond; there was nothing I could say at that point. Was waiting for further direction"; • Handwritten reasons stating: o Her April 26, 2024 letter explains her past and present circumstances; and o She has attached a document confirming enrolment in additional schooling.
Additional Evidence
Information After Reconsideration
Notice of Appeal-Reasons: With her Notice of Appeal, the appellant said the reasons she disagrees with the ministry’s decision include, “For the past 2 months, I have been struggling to have ends meet…I’d like to appeal from the SDSI Ministry decision that I incurred a debt of $9,720.80 because with current family and education demands, as well as necessary house renovation, I need help. I hope to finance a course ($11,500 to have a career and keep going)”.
April 21, 2024 Letter—2 pages typewritten: A copy of the letter from the education provider confirming the appellant’s course enrolment.
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Appeal Number 2024-0219 June 7, 2024 Letter—3 pages typewritten: A copy of the appellant’s April 26, 2024 letter (summarized above) with revisions: dated June 7, 2024 and addressed to the Employment and Assistance Appeal Tribunal.
At the Hearing—Appellant: At the hearing, the appellant clarified her understanding and actions regarding her monthly reports and income received: In 2019, a community advocate told her she was not required to submit monthly income reports and that was why she did not; From July to December 2023, after she was made aware of the requirement to submit monthly income reports, the appellant submitted her monthly report together with the accompanying monthly bank statement; the appellant has done this every month since; In answer to a question from the panel, the appellant said that she had not reported the income she earned between January and July 2023; The appellant said she had not noticed the $25/month penalty being deducted but agreed it was being taken from her monthly assistance and was not a financial hardship; The appellant said the $10/month deducted for debt repayment was also manageable; and The appellant said that now that she understood the ministry’s decision and what was required of her for repayment, she no longer opposes the ministry decision.
At the Hearing—Ministry: At the hearing, the ministry corrected the appellant’s misunderstanding about the overpayment and debt: The appellant was not required to immediately repay the $9,720.80 overpayment as a single lump sum payment or otherwise; While the appellant is receiving assistance, the ministry will deduct $10/month from the appellant’s monthly assistance amount which goes toward repaying the debt; No interest or other fees are charged on the overpayment amount; and Should the appellant’s circumstances change (i. e. she is no longer in need of disability assistance) then the appellant would make different repayment arrangements with the ministry; the appellant would still not be expected to make a lump sum payment all at once.
The ministry did not submit additional written evidence.
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Appeal Number 2024-0219 Although the appellant submitted additional w ritten evidence—April 21, 2024 and June 7, 2024 letters—as they were copies of documents already in evidence, they were not treated as new evidence.
Neither party objected to the admission of the additional oral testimony.
The panel finds that the additional oral testimony is admissible under section 22(4) of the Employment and Assistance Act as new evidence. The oral evidence of the appellant provides additional information about the appellant’s misunderstanding regarding monthly reporting requirements and the steps taken to correct things. The additional oral evidence of the ministry provides information about the ministry expectations regarding debt repayment. Therefore, the panel finds that the additional oral evidence is reasonably required for the full and fair disclosure of all matters relating to the decision under appeal.
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Appeal Number 2024-0219 Part F – Reasons for Panel Decision The decision under appeal is the Ministry of Social Development and Poverty Reduction (the “ministry”) Reconsideration Decision dated May 24, 2024, in which the ministry found:
The appellant had failed to accurately report income she received between January and December 2023; The appellant had failed to report a change in circumstances to her family unit; The appellant received an overpayment of $9,720.80; The overpayment is a debt that must be repaid to the ministry; and A sanction is imposed ($25/month x 3 months) due to the appellant failing to accurately report income and change(s) in family composition.
Specifically, were the ministry’s findings reasonably supported by the evidence or a reasonable application of the legislation in the circumstances of the appellant?
SUBMISSIONS
Position of the Appellant
The appellant does not dispute that she received an overpayment but she does hope the ministry would reconsider its decision about the debt given her current health and living situation and the significant stress she is experiencing with the debt “hanging over her”. The appellant says that she is experiencing a lot of financial insecurity and she wonders how she will stay on top of her expenses while also having to repay the overpayment. Finally, the appellant says that despite difficult circumstances, she continues to support her family while also trying to save for necessary household expenses and repairs; unfortunately, because she has not been able to continue regular work and her income has been reduced, the appellant’s available financial resources fall short of meeting all her and her family’s needs.
Regarding not providing accurate reports or not submitting monthly reports at all, the appellant said that in 2019 when she first started on PWD assistance, a community advocate advised her that she did not have to make monthly reports and no one from the ministry ever spoke to her about making monthly reports. In July 2023 when she became aware that she was required to submit monthly reports, the appellant says she immediately did so and with each monthly report then and ongoing, provides her bank statement. The appellant agreed that she did not declare January to July 2023 earnings but did go to the ministry office to get further advice as she was aware her earnings were greater than her allowed annual earnings exemption amount and she wanted to avoid
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Appeal Number 2024-0219 owing a debt to the government. The appellan t noted that she did report one change to her family unit in 2019 but confirmed she did not do so again in 2021when one of her dependant children moved to live with their other parent. The appellant said she assumed the ministry would be aware of the changes; the appellant said she simply “didn’t notice” that she continued to receive the same amount of assistance.
Finally, the appellant said that she now has a better understanding of what she is supposed to do and what everything means. Given the information provided at the hearing, the appellant said that she now knows more about the overpayment and her obligations to the ministry to repay. According to the appellant, to date she had not noticed the $25/month deduction but agreed it was being taken from her monthly assistance and was not a financial hardship. The $10/month deducted for debt repayment was also manageable. The appellant said the $10/month was something doable for her, “I can do it”. Now that she understood that she was not having to pay $9,720.80 at once, the appellant said, “I don’t oppose the ministry decision”.
Position of the Ministry
The ministry representative said that because the appellant had not declared the change in her family’s circumstances—fewer dependants in the household—the appellant received an overpayment of $1,320. Further, due to the appellant exhausting her annual earnings exemption, she received an overpayment of $8,400.80. The ministry representative noted that the legislation is clear in cases of overpayment; the appellant received assistance that she was not eligible to receive and so she must repay it. In addition, the ministry representative highlighted that the legislation also provides two recovery options in cases of overpayment: 1. through the courts; or 2. deducted from subsequent assistance payments. In the appellant’s case, the ministry was not pursuing the stricter repayment option through the courts but instead, deducting $10/month from her monthly assistance.
The ministry representative noted that the reporting requirements about dependants and income were known by the appellant. The ministry representative said that because the appellant had declared changes to her dependants in 2019 and in 2023, she was aware of her obligation and should have reported the change in 2021. Further, according to the ministry, the appellant knew that she had to report her income changes because the appellant did go directly to a ministry office to get more information and direction when she became aware she was close to reaching her annual earnings exemption amount. Finally, the ministry representative said that the legislation is clear about reporting requirements and about the consequences for improper reporting. As this was the
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Appeal Number 2024-0219 appellant’s first occurrence, the ministry impos ed the penalty according to the legislation: $25/month deduction from the appellant’s assistance for three months time.
Analysis and Decision The panel finds that based on the available evidence and the legislation, the ministry was reasonable in determining that the appellant received an overpayment because of inaccurate and/or incomplete reporting, and the ministry was entitled to impose a sanction and to seek repayment of the debt.
Ultimately, the appellant did not dispute that she had received an overpayment and despite her initial disagreement, at the hearing she said she did “not oppose the ministry decision” that she had to repay the amount and payments of $10/month were manageable. Further, the appellant acknowledged that she had failed to report income between January and July 2023 and that she did not accurately declare when the number of dependants in her home changed in 2019. The appellant said that she did not provide monthly reports and/or give notice of changes to her income or family situation because at the time she started as a PWD recipient in February 2019, a community advocate advised her she did not have to submit monthly reports. As a result, the appellant says she was not aware of the reporting requirement. However, the appellant’s previous actions indicate that the appellant did know she had some reporting responsibilities to the ministry. In her June 2019 monthly report, the appellant noted a change to her family unit. Further, in July 2023 the appellant went directly to a ministry office to talk about her income as she was aware her annual earnings exemption was close to the limit.
For the above reasons and consistent with Section 18 of the Act, the panel finds that the ministry was reasonable when it decided that the appellant had received an overpayment she was required to repay with $10/month deductions from her monthly assistance payments. As well, the panel finds that the ministry was reasonable in finding that the overpayments were due to inaccurate and/or incomplete reporting. Under Section 28.1 of the Regulation, it is clear that the penalty for a first occurrence of inaccurate and/or incomplete reporting is a $25/month penalty from the appellant’s assistance for three months’ time. As such, the panel finds that the ministry was reasonable when it determined that per the legislation, the ministry was entitled to deduct $25/month from the appellant’s monthly assistance for three months.
Conclusion
The Panel confirms the ministry’s Reconsideration Decision which determined that the appellant made incomplete or inaccurate reports for which she is subject to a sanction. In
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Appeal Number 2024-0219 addition, the panel finds the ministry was reaso nable when it concluded that the appellant received a $9,720.80 overpayment which she is required to repay. The appellant is not successful with her appeal.
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Relevant Legislation
Appeal Number 2024-0219
EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT Interpretation 1 (1) In this Act: "child" means an unmarried person under 19 years of age; "dependant", in relation to a person, means anyone who resides with the person and who (a) is the spouse of the person, or (b) is a dependent child of the person; (c) [Repealed 2019-36-98.] "dependent child", with respect to a parent, means a child, other than a child who is 18 years of age and is a person with disabilities, who resides in the parent's place of residence for more than 50% of each month and relies on that parent for the necessities of life, and includes a child in circumstances prescribed under subsection (2) but excludes a child in circumstances prescribed under subsection (2.1); "family unit" means an applicant or a recipient and his or her dependants;
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.
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Appeal Number 2024-0219 Consequences for providing inaccurate or in complete information 14.1 (1) The minister may take action under subsection (2) if the minister determines that (a) disability assistance, hardship assistance or a supplement was provided to or for a family unit that was not eligible for it, (b) the disability assistance, hardship assistance or supplement was provided to or for the family unit either (i) on the basis of inaccurate or incomplete information provided by the applicant or recipient (A) under section 10 (1) (e) [information and verification], or (B) in a report under section 11 (1) [reporting obligations], or (ii) because the recipient failed to report as required under section 11 (1), and (c) in the minister's opinion, the applicant or recipient failed to take the necessary steps to ensure the accuracy or completeness of the information before providing it to the minister. (2) In the circumstances described in subsection (1), the minister may reduce the disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period. (3) The periods prescribed for the purposes of subsection (2) may vary with the number of determinations made under subsection (1) in relation to a family unit. (4) If a family unit that is subject to a reduction under section 15.1 of the Employment and Assistance Act qualifies for disability assistance or hardship assistance under this Act before the period prescribed for the purposes of section 15.1 (2) of that Act expires, the reduction is deemed to have been imposed under subsection (2) of this section.
Overpayments 18 (1) If disability assistance, hardship assistance or a supplement is provided to or for a family unit that is not eligible for it, recipients who are members of the family unit during the period for which the overpayment is provided are liable to repay to the government the amount or value of the overpayment provided for that period. (2) The minister's decision about the amount a person is liable to repay under subsection (1) is not appealable under section 16 (3) [reconsideration and appeal rights].
Liability for and recovery of debts under Act 19 (1) An amount that a person is liable to repay under this Act is a debt due to the government that may be (a) recovered in a court that has jurisdiction, or (b) deducted, in accordance with the regulations, from any subsequent disability assistance, hardship assistance or supplement for which the person's family unit is eligible or from an amount payable to the person by the government under a prescribed
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Appeal Number 2024-0219 enactment. (2) Subject to the regulations, the minister may enter into an agreement, or accept any right assigned, for the repayment of an amount referred to in subsection (1). (3) An agreement under subsection (2) may be entered into before or after the disability assistance, hardship assistance or supplement to which it relates is provided. (4) A person is jointly and separately liable for a debt referred to under subsection (1) that accrued in respect of a family unit while the person was a recipient in the family unit.
EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES REGULATION
Definitions 1 (1) In this regulation: "earned income" means (a) any money or value received in exchange for work or the provision of a service, (b) Repealed. [B.C. Reg. 197/2012, Sch. 2, 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 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.
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Appeal Number 2024-0219 Consequences for providing inaccurate or in complete information 28.1 If the minister determines under section 14.1 (1) of the Act that the minister may take action under section 14.1 (2) of the Act in relation to a family unit, the disability assistance or hardship assistance provided to or for the family unit may be reduced by $25 for (a) a first determination, for the next 3 calendar months for which disability assistance or hardship assistance is provided to or for the family unit, starting with the first calendar month (i) following the calendar month in which the minister made the determination, and (ii) for which disability assistance or hardship assistance is provided to or for the family unit, (b) a second determination, for the next 6 calendar months for which disability assistance or hardship assistance is provided to or for the family unit, starting with the first calendar month (i) following the calendar month in which the minister made the determination, and (ii) for which disability assistance or hardship assistance is provided to or for the family unit, and (c) a third or subsequent determination, for the next 12 calendar months for which disability assistance or hardship assistance is provided to or for the family unit, starting with the first calendar month (i) following the calendar month in which the minister made the determination, and (ii) for which disability assistance or hardship assistance is provided to or for the family unit.
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); (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: (i) change in the family unit's assets; (ii) change in income received by the family unit and the source of that income; (iii) change in the employment and educational circumstances of recipients in the family unit; (iv) change in family unit membership or the marital status of a recipient;
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Appeal Number 2024-0219 (v) any warrants as described in section 14.2 (1) of the Act; (vi) 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)) 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.
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As it read from April 1, 2019 to April 30, 2021 Item Column 1 Family Unit Composition 2 Sole applicant / recipient and one or more dependent children
Effective October 1, 2021 to present Item Column 1 Family Unit Composition 2 Sole applicant / recipient and one or more dependent children
Appeal Number 2024-0219
Column 2 Age or status of applicant or recipient Applicant / recipient is a person with disabilities
Column 2 Age or status of applicant or recipient Applicant / recipient is a person with disabilities
Column 3 Amount ($) 949.08
Column 3 Amount ($) 1133.50
Monthly shelter allowance
4 (1) For the purposes of this section: "family unit" includes a child who is not a dependent child and who resides in the parent's place of residence for not less than 40% of each month, under the terms of an order or an agreement referred to in section 1 (2) of this regulation; "warrant" has the meaning of warrant in section 14.2 [consequences in relation to outstanding arrest warrants] of the Act. (2) The monthly shelter allowance for a family unit to which section 14.2 of the Act does not apply is the smaller of (a) the family unit's actual shelter costs, and (b) the maximum set out in the following table for the applicable family size:
As it read from September 2002 to April 30, 2022 ITEM COLUMN 1 FAMILY UNIT SIZE
4 5
4 persons 5 persons
COLUMN 2 MAXIMUM MONTHLY SHELTER $715 $765
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As it read from May 1, 2022 to July 31, 2023 ITEM COLUMN 1 FAMILY UNIT SIZE 4 4 persons 5 5 persons
Effective August 1, 2023 to present ITEM COLUMN 1 FAMILY UNIT SIZE 3 3 persons 4 4 persons
Net Income Calculation (section 24 (b) )
Appeal Number 2024-0219
COLUMN 2 MINIMUM $225 $250
COLUMN 2 MINIMUM $200 $225
Schedule B
COLUMN 3 MAXIMUM $715 $765
COLUMN 3 MAXIMUM $790 $840
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]; (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; (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
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Appeal Number 2024-0219 infected by the human immunodeficienc y 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; (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. 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) post adoption assistance payments provided under section 28 (1) or 30.1 of the Adoption Regulation, B.C. Reg. 291/96; (xix) a rebate of energy or fuel tax provided by the government of Canada, the
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Appeal Number 2024-0219 government of British Columbia, or an a gency 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 (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).] (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
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Appeal Number 2024-0219 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).] (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; (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; (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
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Appeal Number 2024-0219 the Workers Compensation Act to a depen dant, 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; (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
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Appeal Number 2024-0219 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 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. (b) any amount garnished, 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:
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Appeal Number 2024-0219 (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.
Annual exemption — qualifying income – As it read from January 1, 2021, to December 31, 2023
3 (1) In this section: "base amount" means (a) $1 250, in the case of a family unit that includes only one recipient, (b) $1 500, in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, and (c) $2 500, in the case of a family unit that includes two recipients who are designated as persons with disabilities;
"initial qualifying month", in respect of a family unit and a calendar year, means the calendar month specified for the family unit under subsection (5);
"qualifying income"means (a) earned income, except the deductions permitted under section 2, and (b) unearned income that is compensation paid under section 191 [temporary total disability] or 192 [temporary partial disability] of the Workers Compensation Act;
"qualifying month", in respect of a family unit and a calendar year, means (a) the initial qualifying month for the family unit in the calendar year, and (b) any subsequent calendar month in the calendar year that is a calendar month for which the family unit is eligible to receive disability assistance under the Act;
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Appeal Number 2024-0219 "recognized family unit", in respect of a calen dar year, means a family unit that (a) forms during the calendar year, and (b) includes at least one person who (i) is designated as a person with disabilities, and (ii) was previously a recipient in another family unit that was eligible to receive disability assistance under the Act for a calendar month in the calendar year. (2) For the purposes of section 1 (c) and (d), the lesser of the following amounts is exempt income of a family unit for a qualifying month: (a) the qualifying income of the family unit for the qualifying month; (b) the exemption limit of the family unit for the qualifying month calculated in accordance with subsection (3). (3) The exemption limit of a family unit for a qualifying month for the family unit in a calendar year is the following: (a) in the case of the initial qualifying month for the family unit in the calendar year, the amount calculated in accordance with subsection (4); (b) in the case of any other qualifying month for the family unit in the calendar year, the amount calculated in accordance with subsection (7). (4) For the purposes of subsection (3) (a), the exemption limit of a family unit for the initial qualifying month for the family unit in a calendar year is calculated as follows: (a) in the case of a family unit other than a recognized family unit, the exemption limit is the product of (i) the base amount for the family unit, and (ii) 12 minus the number of calendar months in the calendar year that are before that initial qualifying month; (b) in the case of a recognized family unit that includes only one recipient, the exemption limit is the product of (i) the base amount for the recognized family unit, and (ii) 12 minus the number of calendar months in the calendar year that are before that initial qualifying month; (c) in the case of a recognized family unit that includes two recipients, the exemption limit is the sum of the carryover amounts for the recipients calculated in accordance with subsection (6). (5) For the purposes of subsection (4), the initial qualifying month for a family unit is the following: (a) in the case of a family unit described in subsection (4) (a), the initial qualifying month is (i) the first calendar month for which the family unit is eligible to receive disability assistance under the Act, if (A) a member of the family unit who is designated as a person with disabilities previously received disability assistance under the Act or a former Act, as a
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Appeal Number 2024-0219 person with disabilities, or (B) a member of the family unit received income assistance under the Employment and Assistance Act for the calendar month immediately preceding that first calendar month, or (ii) if subparagraph (i) does not apply, the first calendar month, after the first calendar month referred to in that subparagraph, for which the family unit is eligible to receive disability assistance under the Act; (b) in the case of a family unit described in subsection (4) (b), the initial qualifying month is the first calendar month, after the calendar month in which the family unit forms, for which the family unit is eligible to receive disability assistance under the Act; (c) in the case of a family unit described in subsection (4) (c), the initial qualifying month is (i) the calendar month in which the family unit forms, if the family unit is eligible to receive disability assistance under the Act for that calendar month, or (ii) if subparagraph (i) does not apply, the first calendar month, after the calendar month in which the family unit forms, for which the family unit is eligible to receive disability assistance under the Act. (6) For the purposes of subsection (4) (c), the carryover amount for a recipient who is part of a recognized family unit that includes two recipients is calculated as follows: (a) in the case of a recipient who is not designated as a person with disabilities, the product of (i) the amount specified in paragraph (b) of the definition of "base amount" minus the amount specified in paragraph (a) of that definition, and (ii) 12 minus the number of calendar months in the calendar year that are before the initial qualifying month for the recognized family unit; (b) in the case of a recipient who is designated as a person with disabilities, if the last family unit, before the recognized family unit, of which the person was a part that was eligible to receive disability assistance under the Act included no other recipients, the greater of (i) nil, and (ii) the exemption limit of that last family unit for the last qualifying month for that last family unit, adjusted as follows: (A) by deducting the qualifying income of that last family unit in that last qualifying month; (B) by deducting the product of (I) the amount specified in paragraph (a) of the definition of "base amount", and (II) the number of calendar months after that last qualifying month and before the initial qualifying month for the recognized family unit; (c) in the case of a recipient who is designated as a person with disabilities, if paragraph (b) does not apply, the product of
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Appeal Number 2024-0219 (i) the amount specified in paragraph (a) of the definition of "base amount", and (ii) 12 minus the number of calendar months in the calendar year that are before the initial qualifying month for the recognized family unit. (7) For the purposes of subsection (3) (b), the exemption limit of a family unit for any other qualifying month (an "index qualifying month") for the family unit in the calendar year is the greater of (a) nil, and (b) the exemption limit of the family unit for the last qualifying month for the family unit before the index qualifying month, adjusted as follows: (i) by deducting the qualifying income of the family unit in that last qualifying month; (ii) in the case of a family unit that includes a recipient whose designation as a person with disabilities was rescinded (A) in that last qualifying month, or (B) in a calendar month after that last qualifying month and before the index qualifying month , by deducting the product of (C) the amount specified in paragraph (c) of the definition of "base amount" minus the amount specified in paragraph (b) of that definition, and (D) 12 minus the number of calendar months in the calendar year that are before the index qualifying month; (iii) in the case of a family unit that includes a recipient whose designation as a person with disabilities was made (A) in that last qualifying month, or (B) in a calendar month after that last qualifying month and before the index qualifying month, by adding the product of (C) the amount specified in paragraph (c) of the definition of "base amount" minus the amount specified in paragraph (b) of that definition, and (D) 12 minus the number of calendar months in the calendar year that are before the index qualifying month; (iv) by deducting the product of (A) the base amount for the family unit, as the family is composed in that last calendar month before any rescission described in subparagraph (ii) or designation described in subparagraph (iii) is made, and (B) the number of calendar months after that last qualifying month and before the index qualifying month. (8) Repealed. [B.C. Reg. 268/2020]
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Appeal Number 2024-0219 Small business exemption 4 (1) In this section and section 5, "permitted operating expenses" means costs, charges and expenses incurred by a person in the operation of a small business, under a self-employment program in which the person is participating, for the following: (a) purchase of supplies and products; (b) accounting and legal services; (c) advertising; (d) taxes, fees, licences and dues incurred in the small business; (e) business insurance; (f) charges imposed by a savings institution on an account and interest; (f.1) payments, including principal and interest, on a loan that is (i) not greater than the amount contemplated by the recipient's business plan, accepted by the minister under section 70.1 of this regulation, and (ii) received and used for the purposes set out in the business plan; (g) maintenance and repairs to equipment; (h) gross wages paid to employees of the small business, but not including wages paid to (i) the person participating, or (ii) a person in the family unit of the person participating; (i) motor vehicle expenses; (j) premiums for employment insurance or workers' compensation benefits; (k) employer contributions for employment insurance, workers' compensation or the Canada Pension Plan; (l) rent and utilities, excluding rent and utilities for the place of residence of the persons described in subparagraphs (i) or (ii) of paragraph (h) unless (i) there is an increase for rent or utilities and the increase is attributable to the small business, and (ii) the increase is not provided for in the calculation of the family unit's shelter allowance under Schedule A of this regulation; (m) office expenses; (n) equipment purchases or rentals; (o) contributions made under the Canada Pension Plan in respect of the person’s self employment earnings. (2) Earned income of a recipient of disability assistance is exempted from the total income of the recipient's family unit if (a) the recipient is participating in a self-employment program, and (b) the earned income is derived from operating a small business under the self employment program in which the recipient is participating and
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Appeal Number 2024-0219 (i) is used for permitted operating expen ses of the small business, or (ii) is deposited in a separate account, established by the recipient in a savings institution, which account (A) consists exclusively of funds reserved by the recipient for the purpose of paying permitted operating expenses of that small business, and (B) the amount deposited does not increase the current balance of the separate account to a sum that exceeds $5 000, or (iii) is used for costs of renovations to the recipient's place of residence up to but not exceeding $5 000 in total or a greater amount approved by the minister, if the renovations are part of a business plan accepted by the minister under section 70.1 of this regulation.
EMPLOYMENT AND ASSISTANCE ACT Panels of the tribunal to conduct appeals s. 22 (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.
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APPEAL NUMBER 2024-0219 Part G – Order The panel decision is: (Check one) ☒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 Carmen Pickering Signature of Chair
Print Name Susan Ferguson Signature of Member
Print Name Linda Pierre Signature of Member
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Date (Year/Month/Day) 2024/06/28
Date (Year/Month/Day) 2024/06/27
Date (Year/Month/Day) 2024/06/25
Signature Page