Employment and Assistance for Persons with Disabilities Regulation

The following legislation is provided for information purposes only, they are not to be used for appeal purposes.

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PART 1 - INTERPRETATION

Definitions

1 (1)In this regulation:

"Act" means the Employment and Assistance for Persons with Disabilities Act;

"application for disability assistance". Repealed. (B.C. Reg. 306/2005)

"application for disabililty assistance (part 1) form" means the application for disability assistance (part 1) form prescribed by the minister;
(B.C. Reg. 306/2005)

"application for disabililty assistance (part 2) form" means the application for disability assistance (part 2) form prescribed by the minister;
(B.C. Reg. 306/2005)

"asset" means

(a) equity in any real or personal property that can be converted to cash,

(b) a beneficial interest in real or personal property held in trust, or

(c) cash assets;

"assistance" means disability assistance, hardship assistance or a supplement;

"basic child tax benefit" means the Canada child tax benefit minus the national child benefit supplement;

"BC basic family bonus" means an amount calculated for the purposes of section   10 (3) (a) of the Income Tax Act;

"BC earned income benefit" means an amount calculated for the purposes of section 10 (3) (b) of the Income Tax Act;

"cash assets" in relation to a person, means

(a) money in the possession of the person or the person's dependant,

(b) money standing to the credit of the person or the dependant with

(i) a savings institution, or

(ii) a third party

that must pay it to the person or the dependant on demand,

(c ) the amount of a money order payable to the person or the dependant, or

(d) the amount of an immediately negotiable cheque payable to the person or the dependant;

"child disability benefit" means a supplement to the Canada Child Tax Benefit received by families with a child who meets the criteria for the Disability Tax Credit provided under the Income Tax Act (Canada);
(B.C. Reg. 461/2003) (B.C. Reg. 256/2004)

"child benefits cheque" means a cheque for one, or the sum of two or more, of the following:

(a) the BC basic family bonus;

(b) the BC earned income benefit;

(c) the basic child tax benefit;

(d) the national child benefit supplement;

"child in the home of a relative" has the same meaning as in the Employment and Assistance Regulation;

"Community Living BC" means Community Living British Columbia established under the Community Living Authority Act; (B.C. Reg. 192/2006)

"disability assistance" has the same meaning as in the Employment and Assistance Act;

"earned income" means

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

(b) tax refunds,

(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;

"employment-related program" means any of the following categories of programs that are established or funded under section 8 of the Act:

(a) employment search;

(b) training;

(c) job placement;

(d) self-employment;

(e) volunteer;

"enquiry form" Repealed. (B.C. Reg. 306/2005)

"family bonus" means an amount consisting of the sum of the BC basic family bonus and the national child benefit supplement;

"income assistance" has the same meaning as in the Employment and Assistance Act;

"minister", in relation to a power, duty or function that the minister has delegated under section 25 of the Act to another person, includes that other person;

"national child benefit supplement" means the amount that is 1/12 the value of "C" in the formula 1/12 [(A-B) + C] calculated under section 122.61 of the Income Tax Act (Canada);

"private hospital" means a private hospital licensed under the Hospital Act;

"registered education savings plan" means a registered education savings plan as defined by section 146.1 of the Income Tax Act (Canada);
(B.C. Reg. 305/2005)

"sole", in relation to an applicant or a recipient, means the applicant's or recipient's family unit includes no other applicant, recipient or adult dependant;

"special care facility" means a facility that is a licensed community care facility under the Community Care and Assisted Living Act or a specialized adult residential care setting approved by the minister under subsection (3);
(B.C. Reg. 93/2005)

"student financial assistance" means funding provided to students under the Canada Student Financial Assistance Act (Canada);

"unearned income" means any income that is not earned income, and includes, without limitation, money or value received from any of the following:

(a) money, annuities, stocks, bonds, shares, and interest bearing accounts or properties;

(b) cooperative associations as defined in the Real Estate Development Marketing Act; (B.C. Reg. 518/2004)

(c) war disability pensions, military pensions and war veterans'allowances;

(d) insurance benefits, except insurance paid as compensation for a destroyed asset;

(e) superannuation benefits;

(f) any type or class of Canada Pension Plan benefits;

(g) employment insurance;

(h) union or lodge benefits;

(i) financial assistance provided under the Employment and Assistance Act or provided by another province or jurisdiction;

(j) workers'compensation benefits and disability payments or pensions;

(k) widows'or orphans'allowances;

(l) a trust or inheritance;

(m) rental of tools, vehicles or equipment;

(n) rental of land, self-contained suites or other property except the place of residence of an applicant or recipient;

(o) interest earned on a mortgage or agreement for sale;

(p) maintenance under a court order, a separation agreement or other agreement;

(q) education or training allowances, grants, loans, bursaries or scholarships;

(r) a lottery or a game of chance;

(s) awards of compensation under the Criminal Injury Compensation Act or awards of benefits under the Crime Victim Assistance Act, other than an award paid for repair or replacement of damaged of destroyed property; (B.C. Reg. 345/2004)

(t) any other financial awards or compensation;

(u) Federal Old Age Security and Guaranteed Income Supplement payments;

(v) financial contributions made by a sponsor pursuant to an undertaking given for the purposes of the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada).

(2) For the purposes of the Act and this regulation, if a child resides with each parent for 50% of each month under

(a) an order of a court in British Columbia,

(b) an order that is recognized by and deemed to be an order of a court in British Columbia, or

(c) an agreement filed in a court in British Columbia,

the child is a dependent child of the parent who is designated in writing by both parents.

(3) For the purposes of the definition of "special care facility", the minister may approve as a specialized adult residential care setting a place that provides accommodation and care for adults and for which a licence under the Community Care and Assisted Living Act is not required. (B.C. Reg. 93/2005)

Daily living activities

2 (1)For the purposes of the Act and this regulation, "daily living activities",

(a) in relation to a person who has a severe physical impairment or a severe mental impairment, means the following activities:

(i) prepare own meals;

(ii) manage personal finances;

(iii) shop for personal needs;

(iv) use public or personal transportation facilities;

(v) perform housework to maintain the person's place of residence in acceptable sanitary condition;

(vi) move about indoors and outdoors;

(vii) perform personal hygiene and self care;

(viii) manage personal medication, and

(b ) in relation to a person who has a severe mental impairment, includes the following activities:

(i) make decisions about personal activities, care or finances;

(ii) relate to, communicate or interact with others effectively.

(2) For the purposes of the Act, "prescribed professional" means a person who is authorized under an enactment to practice the profession of

(a) medical practitioner,
(b) registered psychologist,
(c) registered nurse or registered psychiatric nurse,
(d) occupational therapist,
(e) physical therapist,
(f ) social worker,
(g) chiropractor, or
(h) nurse practitioner.

(B.C. Reg.196/2007)

PART 2 - ELIGIBILITY FOR DISABILITY ASSISTANCE

Division 1 - Applications and Applicant Requirements

Pre-application requirements

3 (1) Repealed. (B.C. Reg. 306/2005)

Process for assessment of eligibility for disability assistance

4. the eligibility of a family unit for disability assistance must be assessed on the basis of the 2-stage process set out in sections 4.1 and 4.2.
(B.C. Reg. 306/2005)

Application for disability assistance - stage 1

4.1 (1) The first stage of the process for assessing the eligibility of a family unit for disability assistance is fulfilling the requirements of subsection (2).
(B.C. Reg. 306/2005)

(2) The applicants for disability assistance in a family unit

(a) must complete and submit to the minister an application for disability assistance (part 1) form and must include as part of the application

(i) the social insurance number of each applicant in the family unit except a person who is not described in section 6 (2), and

(ii) the information, authorizations, verifications and declarations specified by the minister, as required in the application for disability assistance (part 1) form,

(b) subject to subsection (4), must

(i) complete searches for employment as directed by the minister for the 3 weeks immediately following the date of the application under paragraph (a), and

(ii) provide information about and verification of the searches for employment, in the form specified by the minister. (B.C. Reg. 306/2005)

(3) Subsection (2) does not affect the minister's powers under section 10 of the Act. (B.C. Reg. 306/2005)

(4) Subsection (2) (b) does not apply to a person who

(a) is prohibited by law from working in Canada,

(b) has reached 65 years of age,

(c) is a member of a family unit that includes a person with disabilities, (B.C. Reg. 46/2008)

(d) is not a person with disabilities, but has a physical or mental condition that, in the minister's opinion, precludes the person from completing a search for employment as directed by the minister, or

(e) is fleeing an abusive spouse or relative.

(5) Subsection (2) (b) does not apply if any person in the family unit to which an application relates has an immediate need for food or shelter or needs urgent medical attention.


(B.C. Reg. 6/2008)

Application for disability assistance - stage 2

4.2 (1) In this section, "applicant orientation program" means a program established by the minister to ensure that applicants are provided with information about their rights and obligations under the Act, including but not limited to information about all or any combination of

(a) rules about eligibility for disability assistance or supplements,

(b) the process of applying for disability assistance,

(c) required employment search activities, community based job search resources and ministry and community programs,

(d) mutual obligations of the minister, applicants and recipients,

(e) employment plans,

(f) the minister's authority to collect and verify information, and

(g) the availability of alternate resources, such as, federal programs and other Provincial programs. (B.C. Reg. 306/2005)

(2) The second stage of the process for assessing the eligibility of a family unit for disability assistance is fulfilling the requirements of subsection (3).
(B.C. Reg. 306/2005)

(3) On completion of the first stage process provided for in section 4.1, the applicants for disability assistance in the family unit must complete and submit to the minister an application for disability assistance (part 2) form and must include as part of the application

(a) proof of the identity of the persons in the family unit and of their eligibility under the Act,

(b) subject to subsection (5), proof that the applicants have each completed an applicant orientation program within the 60 day period immediately preceding the date of the submission of the application for disability assistance (part 2) form, and

(c) the information, authorizations, declarations and verifications specified by the minister as required in the application for disability assistance (part 2) form. (B.C. Reg. 306/2005)

(4) Subsection (3) does not affect the minister's powers under section 10 of the Act. (B.C. Reg. 306/2005)

(5) Subsection (3) (b) does not apply to a person who

(a) has reached 65 years of age,

(b) is not described in section 6 (2), or

(c) has a physical or mental condition that, in the minister's opinion, precludes the person from completing an applicant orientation program. (B.C. Reg. 306/2005)

4.3 Repealed. (B.C. Reg. 313/2007)

Applicant requirements

5 For a family unit to be eligible for disability assistance or a supplement, an adult in the family unit must apply for the disability assistance or supplement on behalf of the family unit unless

(a) the family unit does not include an adult, or

(b) the spouse of an adult applicant has not reached 19 years of age, in which case that spouse must apply with the adult applicant.

Citizenship requirements

6 (1) For a family unit to be eligible for disability assistance at least one applicant or recipient in the family unit must be

(a) a Canadian citizen;

(b) authorized under an enactment of Canada to take up permanent residence in Canada;

(c) determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee;

(d) in Canada under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada) or on a minister’s permit issued under the Immigration Act (Canada);

(e) in the process of having his or her claim for refugee protection, or application for protection, determined or decided under the Immigration and Refugee Protection Act (Canada); or

(f) subject to a removal order under the Immigration and Refugee Protection Act (Canada) that cannot be executed.

(B.C. Reg. 69/2008)

(2) If a family unit satisfies the requirement under subsection (1), disability assistance and supplements may be provided to or for the family unit on account of each person in the family unit who is

(a) a Canadian citizen,

(b) authorized under an enactment of Canada to take up permanent residence in Canada,

(c) determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee,

(d) in Canada under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada) or on a minister's permit issued under the Immigration Act (Canada),

(e) in the process of having his or her claim for refugee protection, or application for protection, determined or decided under the Immigration and Refugee Protection Act (Canada), (B.C. Reg. 252/2005)

(f) subject to a removal order under the Immigration and Refugee Protection Act (Canada) that cannot be executed, or
(B.C. Reg. 69/2008)

(g) a dependent child.

(3) If a family unit includes a person who is not described in subsection (2),

(a) the person's income and assets must be included in the income and assets of the family unit for the purposes of determining whether the family unit is eligible for assistance, except as otherwise provided in this regulation, and

(b) the family unit is not eligible for any disability assistance under Schedule A, hardship assistance under Schedule D or supplements under Part 5 of this regulation on account of or for the use or benefit of that person.

Division 2 - Income and Asset Restrictions

Effect of applicant applying for other sources of income

7 (1) In this section, "income" does not include

(a)earned income described in paragraphs (a), (d) or (e) of the definition in section 1, or

(b)income exempt under section 1 of Schedule B.

(2) A family unit is not eligible for disability assistance if an applicant in the family unit has applied for income from another source unless

(a) the applicant enters into a repayment agreement with the minister,

(b) if the source of the other income is federal employment insurance under the Employment Insurance Act (Canada), the applicant, in addition to the requirement under paragraph (a), satisfies the minister that a direction has been completed in accordance with subsection (3), and

(c) if the source of the other income is a benefit under the Canada Pension Plan (Canada), the applicant, in addition to the requirement under paragraph (a), satisfies the minister that the applicant has made a Consent to Deduction and Payment form under the Canada Pension Plan (Canada) directing that

(i) an amount up to the amount of disability assistance provided to or for the family unit under this section be deducted from the amount of the Canada Pension Plan benefit, and

(ii) the amount deducted be paid to the minister.

(3) A direction referred to in subsection (2) (b) must be completed under the Employment Insurance Act (Canada) by the applicant who applies for the federal employment insurance and must direct that

(a) an amount equal to the amount of disability assistance provided to or for the family unit under this section be deducted from the employment insurance, and

(b) the amount deducted be paid to the minister.

Requirement to apply for CPP benefits

8 If a family unit includes a recipient who may be eligible for a benefit under the Canada Pension Plan (Canada), for the family unit to continue to be eligible for disability assistance, the recipient, when requested by the minister, must complete a Consent to Deduction and Payment under the Canada Pension Plan (Canada) directing that

(a) an amount up to the amount of disability assistance provided to or for the family unit from the date that the recipient becomes eligible for the Canada Pension Plan benefit be deducted from the amount of that benefit, and

(b) the amount deducted be paid to the minister.
(B.C. Reg. 463/2003)

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.

Asset limits

10 (1) The following assets are exempt for the purposes of subsection (2):

(a) clothing and necessary household equipment;

(b) one motor vehicle generally used for day to day transportation needs;

(c) a family unit's place of residence;

(d) money received or to be received from a mortgage on, or an agreement for sale of, the family unit's previous place of residence if the money is

(i) applied to the amount owing on the family unit's current place of residence, or

(ii) used to pay rent for the family unit's current place of residence;

(e) a child tax benefit under the Income Tax Act (Canada);

(f) a goods and services tax credit under the Income Tax Act (Canada);

(g) a sales tax credit under the Income Tax Act
(British Columbia);

(h) an uncashed life insurance policy with a cash surrender value of $1   500 or less;

(i) business tools;

(j) seed required by a farmer for the next crop-year;

(k) basic breeding-stock held by a farmer at the date of the applicant's submission of the application for disability assistance (part 2) form, and female stock held for stock replacement;
(B.C. Reg. 306/2005)

(l) essential equipment and supplies for farming and commercial fishing;

(m) fishing craft and fishing gear owned and used by a commercial fisher;

(n) prepaid funeral costs;

(o) individual redress payments granted by the government of Canada to a person of Japanese ancestry;

(p) individual payments granted by the government of Canada under the Extraordinary Assistance Plan to a person infected by the human immunodeficiency virus;

(q) individual payments granted by the government of British Columbia to a person infected by the human immunodeficiency virus;

(r) individual payments granted by the government of Canada under the Extraordinary Assistance Plan to thalidomide victims;

(s) money that is

(i) 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

(ii) 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;
(B.C. Reg. 276/2004)

(t) money paid under the 1986-1990 Hepatitis C Settlement Agreement made June 15, 1999, except money paid under section 4.02 or 6.01 of Schedule A or of Schedule B of that agreement;

(u) an income tax refund, or part of an income tax refund, that arises by reason of a payment made by the government of British Columbia to the government of Canada on behalf of a person who incurred a tax liability due to income received under the Forest Worker Transition Program;

(v) money paid to a person in settlement of a claim of abuse at an Indian residential school, except money paid as income replacement in the settlement;

(w) post adoption assistance payments provided under section 28 (1) or 30.1 of the Adoption Regulation, B.C. Reg. 291/96;

(x) for a recipient who is participating in a self-employment program funded or established by the minister under section 8 of the Act,

(i) up to a maximum of $5 000 kept by the recipient in a separate account described in section 4 (2) (b) (ii) of Schedule B, and

(ii) up to a maximum of $50 000, or a greater amount approved by the minister, consisting of

(A) the value of assets used by the recipient in operating a small business under the self-employment program, and

(B) a loan that is not greater than the amount contemplated by the recipient's business plan, accepted under section 70.1 of this regulation, and received and used for the purposes set out in the business plan; (B.C. Reg. 462/2003)

(y) assets exempted under section 11 (2) [asset development accounts] or 12   (2) [assets held in trust for person with disabilities]

(z) payments granted by the government of British Columbia as Interim Early Intensive Intervention Funding;

(aa) payments granted by the government of British Columbia under section 8 of the Child, Family and Community Service Act [agreement with child's kin and others];

(bb) payments granted by the government of British Columbia under the Ministry of Children and Family Development's At Home Program. (B.C. Reg. 115/2003)

(cc) payments granted by the Government of British Columbia under the Ministry of Children and Family Development's Extended Autism Intervention Program; (BC Reg. 209/2003)

(dd) 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 to a person other than a parent of that child.
(BC Reg. 209/2003)

(ee) payments granted by the government of British Columbia under the Ministry of Children and Family Development's

(i) Autism Funding: Under Age 6 Program, or
(ii) Autism Funding: Ages 6 - 18 Program.
(B.C. Reg. 22/2005)

(ff) funds held in a registered education savings plan.
(B.C. Reg. 305/2005)

(gg) 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. (B.C. Reg. 192/2006)

(hh) a Universal Child Care Benefit provided under the Universal Child Care Benefit Act (Canada). (B.C. Reg. 250/2006)

(ii) 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. (B.C. Reg. 165/2007)

(jj) funds held in a registered disability savings plan;
(B.C. Reg. 362/2007 )

(kk) a working income tax benefit provided under the Income Tax Act ( Canada).
(B.C. Reg. 48/2008)

(ll) the low income climate action tax credit under section 8.1 of the Income Tax Act;

(mm) the climate action dividend under section 13.02 of the Income Tax Act;

(B.C. Reg. 94/2008)

(nn) 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. (B.C. Reg. 87/2008)

(1.1) Despite subsection (1), assets described in subsection (1) (x) (ii) (A) are not exempt under subsection (1) (i), (j), (k), (l) or (m). (B.C. Reg. 461/2003)

(2) A family unit is not eligible for disability assistance if any of the following apply:

(a) a sole applicant or recipient has no dependent children and has assets with a total value of more than $3, 000;

(b) an applicant or recipient has one or more dependants and the family unit has assets with a total value of more than $5,000.

(3) The minister may authorize one or more of the following:

(a) that the total cash surrender value of an uncashed life insurance policy of an applicant or recipient is not to be included as an asset of the family unit for the purposes of subsection (2) for the period specified by the minister;

(b) that saleable acreage and buildings owned by an applicant or recipient are to be treated as though they were the place of residence of the applicant's or recipient's family unit for the period specified by the minister.

Asset development accounts

11 (1) In this section,

"asset development account" means a savings institution account that is

(a) established exclusively for the purpose of enabling an applicant or a recipient to participate in an asset development account program, and

(b) comprised exclusively of deposits of money contributed by an applicant or a recipient and additional amounts that

(i) are contributed by or through the operator of the asset development account program, and

(ii) equal the percentage of the applicant's or recipient's contributions established for the applicant or recipient under the program;

"asset development account program" means a saving program that is

(a) designed to assist individuals to achieve savings for the purposes of future self-sufficiency or future enhanced
self-sufficiency, and

(b) approved by the minister for the purposes of this regulation.

(2) For the period that an applicant or recipient is participating in an asset development account program, the applicant's or recipient's asset development account is exempt as an asset for the purposes of section 10 (2) [asset limits].

(3) If an applicant or recipient does not use all or part of the money contributed to an asset development account for the purposes specified under the program, subsection (2) ceases to apply to that portion of the money not used for those purposes.

Assets held in trust for person with disabilities

12 (1) In this section, "disability-related cost" means the cost of providing to a person with disabilities or a person receiving accommodation or care in a private hospital or a special care facility, other than a drug or alcohol treatment centre,

(a) devices, or medical aids, related to improving the person's health or well- being,

(b) caregiver services or other services related to the person's disability,

(c) education or training,

(d) any other item or service the minister considers necessary to promote the person's independence, and

(e) if a person with disabilities does not reside in a special care facility, a private hospital or an extended care unit in a hospital,

(i) renovations to the person's place of residence necessary to accommodate the needs resulting from the person's disability, and

(ii) necessary maintenance for that place of residence.

(2) If a person referred to in subsection (1) complies with subsection (4), up to $100   000, or a higher limit if authorized by the minister under subsection (3), of the aggregate value of the person's beneficial interest in real or personal property held in one or more trusts, calculated as follows:

(a) the sum of the value of the capital of each trust on the later of April   26,   1996 or the date the trust was created, plus

(b) any capital subsequently contributed to a trust referred to in paragraph (a),

is exempt for the purposes of section 10 (2) [asset limits].

(3) If the minister is satisfied that, because of special circumstances, the lifetime disability-related costs of a person referred to in subsection (2) will amount to more than $100   000, the minister may authorize a higher limit for the person for the purposes of subsection (2).

(4) A person referred to in subsection (2) who has a beneficial interest in one or more trusts must keep records of the following and make the records available for inspection at the request of the minister:

(a) for a trust created before April 26, 1996, the capital of the trust on that date;

(b) for a trust created on or after April 26, 1996, the capital of the trust on the date the trust was created;

(c) the amount of capital contributed in each subsequent year to a trust referred to in paragraph (a) or (b);

(d)all payments made after April 26, 1996 to or on behalf of the person from a trust in which that person has a beneficial interest.

(5) For the purposes of this section, the real or personal property of a "patient", as defined in the Patients Property Act, who is a person with disabilities is to be treated as if the real or personal property were held in trust for the patient by the patient's committee.

Division 3 - Specific Circumstances of an Applicant or Recipient That Affect Eligibility

Effect of strike or lockout on eligibility

13 A family unit is not eligible for disability assistance if an applicant is on strike or locked out.

Effect of being in prison or other lawful place of confinement

14 A person is not eligible for disability assistance or supplements while the person

(a) is detained in a lawful place of confinement, such as a federal or provincial correctional institution, jail, lockup, prison or camp, or

(b) is absent from a lawful place of confinement under a temporary absence program and is residing at a halfway house that is funded, sponsored or contracted for by the federal, or a provincial, government.

Effect of recipient being absent from BC for more than 30 days

15 The family unit of a recipient who is outside of British Columbia for more than a total of 30 days in a year ceases to be eligible for disability assistance or hardship assistance unless the minister has given prior authorization for the continuance of disability assistance or hardship assistance for the purpose of

(a) permitting the recipient to participate in a formal education program,

(b) permitting the recipient to obtain medical therapy prescribed by a medical practitioner, or

(c) avoiding undue hardship.

Division 4 - Assignment of Maintenance Rights

Definitions for division

16 In this Division:

"assignment" means an assignment of maintenance rights to the minister;

"assignor" means a person who has made an assignment;

"child support" has the same meaning as "child support" in section 93.3 (1) of the Family Relations Act; (B.C. Reg. 316/2006)

"child support service" means a child support service established under section 93.3 (2) of the Family Relations Act; (B.C. Reg. 316/2006)

"debtor" has the same meaning as in section 1 (1) of the Family Maintenance Enforcement Act;

"director of maintenance enforcement" has the same meaning as "director" in section 1 (1) of the Family Maintenance Enforcement Act;

"maintenance" has the same meaning as in section 1 (1) of the Family Maintenance Enforcement Act;

"maintenance agreement" means a written agreement containing provisions respecting the payment of maintenance;

"maintenance order" has the same meaning as in section 1 (1) of the Family Maintenance Enforcement Act;

"maintenance rights" means any of the maintenance rights set out in section 18 [categories of maintenance rights];

"spouse" includes a former spouse.

Categories of persons who must assign maintenance rights

17 (1) For a family unit to be eligible for disability assistance or hardship assistance, an applicant or recipient in the family unit who is in any of the following categories and who has for himself or herself or for a dependant a maintenance right described in section 18 [categories of maintenance rights] must disclose and assign, in the form specified by the minister, that maintenance right to the minister:

(a) a spouse;

(b) a spouse who has a dependent child or dependent children from a former relationship;

(c) a person who has never been a spouse and has a dependent child or dependent children;

(d) a person under 19 years of age who is not residing with his or her parents.

(2) The requirement to assign maintenance rights does not apply to any person in a family unit who is not in a category described in section 6 (2) (a) to (f) [citizenship requirements].

Categories of maintenance rights

18 The following categories of maintenance rights must be assigned to the minister:

(a) the right to make an application under an enactment of British Columbia for a maintenance order;

(b) the right to enter into a maintenance agreement;

(c) the right to make or defend an application for variation of a maintenance agreement or maintenance order;

(d) the right to receive payment under

(i) a maintenance agreement or maintenance order, or

(ii) a maintenance order made under the Divorce Act (Canada) or otherwise;

(e) the right to enforce a maintenance agreement or maintenance order;

(f) the right to file a maintenance agreement with a court in British Columbia;

(g) the right to file an extra-provincial maintenance order with a court in British Columbia;

(h) the right to file or withdraw a maintenance order under the Family Maintenance Enforcement Act;

(i) the right to make payment arrangements with the debtor for the recovery of arrears.

Notice of assignment

19 (1) Before taking any steps to enforce maintenance rights assigned under this Division, the minister must give written notice of the assignment to the person against whom the minister intends to exercise the assigned maintenance rights.

(2) A person to whom notice of assignment is given under subsection (1) must promptly serve the minister with a copy of any application made by the person to vary, rescind or suspend a maintenance order or to reduce or cancel arrears under a maintenance order.

(3) The minister's inability, after reasonable effort, to give notice under subsection   (1) does not affect the validity of proceedings under this Division.

(4) Notice under subsection (1) may be given by ordinary mail.

How long an assignment is in effect

20 (1) An assignment under this Division ends when

(a) the assignor no longer receives disability assistance or hardship assistance,

(b) all disability assistance and hardship assistance provided to the assignor's family unit in place of maintenance has been recovered by the minister, and

(c) the assignor receives notice from the minister that the assignment has ended.

(2) Despite subsection (1), an assignment under this Division that would otherwise have ended under subsection (1) continues in force if the minister and assignor agree in writing to the continuation.

(3) An assignment under this Division that is continued under subsection (2) ends if the minister or the assignor delivers written notice by ordinary mail to the other of the termination.

(4) If an assignor no longer receives disability assistance or hardship assistance and amounts owing to the government under this Division still remain unrecovered, then, despite section 18 [categories of maintenance rights], only the following maintenance rights remain in effect under the assignment:

(a) the right to withdraw a maintenance order under the Family Maintenance Enforcement Act;

(b) the right to receive payment of maintenance arrears that are owed to the government under an assignment;

(c) the right to defend an application to reduce or cancel arrears of maintenance owed to the government;

(d) the right to make arrangements with the debtor for payment of arrears of maintenance owed to the government;

(e) the right to enforce the maintenance order with respect to arrears owed to the government.

Terms to be included in the assignment

21 An assignment under this Division must include all of the following terms:

(a) the assignment of the categories of maintenance rights set out in section 18 [categories of maintenance rights];

(b) authorization by the assignor that

(i) the minister may provide to the director of maintenance enforcement any information necessary for the filing, enforcement and monitoring of payments made under the assignor's maintenance order,

(ii) the director of maintenance enforcement may provide to the minister

(A) any information that affects eligibility for disability assistance or hardship assistance, and

(B) information about the payment, monitoring or enforcement of the assignor's maintenance order, and

(iii) the minister may obtain or search court documents required to exercise the rights assigned;

(iv) the minister may provide to the child support service any information necessary for the purpose of recalculating child support under a maintenance agreement or a maintenance order that is assigned to the minister, and

(v) the child support service may provide to the minister any information regarding the recalculation of child support under a maintenance agreement or maintenance order that is assigned to the minister;

(B.C. Reg. 316/2006)

(c) agreement by the assignor to cooperate with the minister and the director of maintenance enforcement as necessary to obtain, vary or enforce the assignor's maintenance agreement or maintenance order including

(i) providing any information and verifications relating to the debtor's name, address, employer and salary,

(ii) providing the names, ages and custody or residency arrangements of all children of the union,

(iii) attending at all appointments, meetings and court proceedings relating to the assigned rights when requested to do so by the minister or the director of maintenance enforcement, and

(iv) providing the court file number and style of cause of any maintenance orders in existence;

(c.1) agreement by the assignor to cooperate with the minister and the child support service as necessary for the purpose of recalculating child support;
(B.C. Reg. 316/2006)

(d) acknowledgment by the assignor that

(i) he or she cannot take any of the actions or enter any agreements related to maintenance that are set out in the assignment as long as the assignment to the minister is in effect, unless authorized in writing by the minister, and that to do so without authorization will affect the assignor's eligibility for disability assistance or hardship assistance,

(ii) if legal counsel for the government has brought or is defending a proceeding on the assignor's behalf, the legal counsel is solely counsel for the government and there is no solicitor-client relationship between that counsel and the assignor,

(iii) only the minister can forgive, reduce or otherwise vary arrears of maintenance owed to the government, and

(iv) no agreement to cancel or reduce arrears owed to the assignor under the assignor's maintenance agreement or maintenance order will be made by the government without the assignor's consent;

(e) the assignment will continue in effect after the assignor no longer receives disability assistance or hardship assistance if there are still arrears of maintenance unrecovered by the government and, so long as there are arrears, the assignor acknowledges that only the government is entitled to

(i) withdraw a maintenance order under the Family Maintenance Enforcement Act,

(ii) receive payment of maintenance arrears that are owed to the government under an assignment,

(iii) defend an application to reduce or cancel arrears of maintenance owed to the government,

(iv) make arrangements with the debtor for payment of arrears of maintenance owed to the government, and

(v) enforce the maintenance order with respect to arrears owed to the government;

(f) the assignment ceases to have effect when

(i) disability assistance and hardship assistance are no longer provided to the assignor's family unit and there are no arrears unrecovered by the government, and

(ii) a written notice of termination of the assignment is sent to the assignor at the last known address of the assignor shown on record with the ministry.

Failure to comply with terms of assignment

22 (1) If an assignor who is receiving disability assistance or hardship assistance fails to comply with the terms of an assignment referred to in section 21 (c) [terms to be included in the assignment], the assignor's family unit may be declared ineligible for disability assistance or hardship assistance.

(2) This section does not apply if the minister is satisfied that the failure of the assignor to comply with the terms of the assignment is beyond the control of the assignor.

Division 5 - Amount and Duration of Disability Assistance

Effective date of eligibility