Definitions

1 (1)  In this regulation:

"Act" means the Employment and Assistance Act;

"application for income assistance (part 1) form" means the application for income assistance (part 1) form prescribed by the minister;

"application for income assistance (part 2) form" means the application for income assistance (part 2) form prescribed by the minister;

"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 income 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;

"Canada child tax benefit" means an amount deemed to be an overpayment on account of a person’s liability for the taxation year determined under section 122.61 of the Income Tax Act (Canada) and includes the child disability benefit;

"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 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 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);

"child in the home of a relative" means a child referred to in section 6 (2) [child in the home of a relative] to or for whom income assistance under section 11 of Schedule A is provided;

"Community Living BC" means Community Living British Columbia established under the Community Living Authority Act;

"disability assistance" has the same meaning as in the Employment and Assistance for Persons with Disabilities 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 7 of the Act:

(a) employment search;

(b) training;

(c) job placement;

(d) self-employment;

(e) volunteer;

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

"full-time student" has the same meaning as in the Canada Student Financial Assistance Regulations (Canada);

"funded program of studies" means a program of studies for which student financial assistance may be provided to a student enrolled in it;

"minister", in relation to a power, duty or function that the minister has delegated under section 34 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);

"part-time student" has the same meaning as in the Canada Student Financial Assistance Regulations (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);

"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);

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

"transient" means a person who

(a) has no dependent children,

(b) has no fixed address, and

(c) in the minister's opinion, is not taking up permanent residence in the community in which the person submits an application for income assistance (part 2) form;

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

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

(b) cooperative associations as defined in the Real Estate Development Marketing Act;

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

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

(e) superannuation benefits;

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

(g) employment insurance;

(h) union or lodge benefits;

(i) financial assistance provided under the Employment and Assistance for Persons with Disabilities 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 or destroyed property;

(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);

"unfunded program of studies" means a program of studies for which a student enrolled in it is not eligible for student financial assistance.

(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.

[am. B.C. Regs. 461/2003, s. 1 (a); 256/2004, s. (a); 344/2004; 518/2004, s. 5; 86/2005; 304/2005, s. 1; 305/2005, Sch. 1, s. 1; 192/2006, s. 1.]

Persons who have persistent multiple barriers to employment

2 (1)  To qualify as a person who has persistent multiple barriers to employment, a person must meet the requirements set out in

(a) subsection (2), and

(b) subsection (3) or (4).

(2)  The person has been a recipient for at least 12 of the immediately preceding 15 calendar months of one or more of the following:

(a) income assistance or hardship assistance under the Act;

(b) income assistance, hardship assistance or a youth allowance under a former Act;

(c) a disability allowance under the Disability Benefits Program Act;

(d) disability assistance or hardship assistance under the Employment and Assistance for Persons with Disabilities Act.

(3)  The following requirements apply

(a) the minister

(i)  has determined that the person scores at least 15 on the employability screen set out in Schedule E, and

(ii)  based on the result of that employability screen, considers that the person has barriers that seriously impede the person's ability to search for, accept or continue in employment,

(b) the person has a medical condition, other than an addiction, that is confirmed by a medical practitioner and that,

(i)  in the opinion of the medical practitioner,

(A)  has continued for at least one year and is likely to continue for at least 2 more years, or

(B)  has occurred frequently in the past year and is likely to continue for at least 2 more years, and

(ii)  in the opinion of the minister, is a barrier that seriously impedes the person's ability to search for, accept or continue in employment, and

(c) the person has taken all steps that the minister considers reasonable for the person to overcome the barriers referred to in paragraph (a).

(4)  The person has a medical condition, other than an addiction, that is confirmed by a medical practitioner and that,

(a) in the opinion of the medical practitioner,

(i)  has continued for at least 1 year and is likely to continue for at least 2 more years, or

(ii)  has occurred frequently in the past year and is likely to continue for at least 2 more years, and

(b) in the opinion of the minister, is a barrier that precludes the person from searching for, accepting or continuing in employment.

[en. B.C. Reg. 368/2002.]

Repealed

3 Repealed. [B.C. Reg. 304/2005, s. 2.]

Process for assessment of eligibility for income assistance

4 The eligibility of a family unit for income assistance must be assessed on the basis of the 2-stage process set out in sections 4.1 and 4.2.

[en. B.C. Reg. 304/2005, s. 3.]

Application for income assistance — stage 1

4.1 (1)  The first stage of the process for assessing the eligibility of a family unit for income assistance is fulfilling the requirements of subsection (2).

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

(a) must complete and submit to the minister an application for income 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 7 (2), and

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

(b) subject to subsection (3), 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.

(3)  Subsection (2) does not affect the minister's powers under section 10 of the Act.

(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 applying for income assistance that the minister may provide under section 6 (2),

(d) 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,

(e) is fleeing an abusive spouse or relative, or

(f) has an immediate need for food, shelter or urgent medical attention.

[en. B.C. Reg. 304/2005, s. 3.]

Application for income 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 income 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.

(2)  The second stage of the process for assessing the eligibility of a family unit for income assistance is fulfilling the requirements of subsection (3).

(3)  On completion of the first stage process provided for in section 4.1, the applicants for income assistance in the family unit must complete and submit to the minister an application for income 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 (4), 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 income assistance (part 2) form, and

(c) the information, authorizations, declarations and verifications specified by the minister as required in the application for income assistance (part 2) form.

(4)  Subsection (3) does not affect the minister's powers under section 10 of the Act.

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

(a) applies for income assistance that may be provided under section 6 (2) by the minister,

(b) has reached 65 years of age,

(c) is not described in section 7 (2), or

(d) has a physical or mental condition that, in the minister's opinion, precludes the person from completing an applicant orientation program.

[en. B.C. Reg. 304/2005, s. 3.]

Special rule for section 3 job searches in process on or completed before November 1, 2005

4.3 (1)  In this section, "pre-application job search" means a 3-week search for employment started in accordance with section 3 (1) before its repeal by a person who

(a) before November 1, 2005, completed an enquiry form under that section, and

(b) either

(i)  did not complete an application but completed the 3-week search for employment before November 1, 2005, having started the search no more than 6 weeks before that date, or

(ii)  completes the 3-week search for employment on or after November 1, 2005, having, immediately before that date, been still in the process of conducting the search.

(2)  Despite sections 4 and 4.1, a person who has completed a pre-application job search

(a) need not complete and submit to the minister an application for income assistance (part 1) form, or comply with the other requirements of section 4.1 (2), and

(b) may instead

(i)  proceed to the second stage of the process for assessing the eligibility of a family unit for income assistance, and

(ii)  fulfill the requirements of subsection 4.2 (3).

[en. B.C. Reg. 304/2005, s. 3.]

Applicant requirements

5 (1)  For a family unit to be eligible for income assistance or a supplement, an adult in the family unit must apply for the income 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.

(2)  Subject to section 6 [child in the home of a relative], a child who is not residing with his or her parent is not eligible to receive assistance unless, after reasonable efforts by the minister to have the parent assume responsibility for the financial support of the child, the minister decides to grant income assistance to the child.

Child in the home of a relative

6 (1)  In this section,

"child" does not include a person with disabilities;

"relative" in relation to a child, does not include the child's parent.

(2)  If

(a) a child resides with his or her relative,

(b) the child's parent placed the child with the relative, and

(c) the child's parent does not reside with the relative,

the minister may provide the child with income assistance under section 11 of Schedule A unless the relative has entered into an agreement under section 8 of the Child, Family and Community Service Act in relation to that child.

(3)  If a child is eligible for income assistance under subsection (2), the minister may pay the income assistance to the relative for the child.

Citizenship requirements

7 (1)  For a family unit to be eligible for income 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, or

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

(2)  If a family unit satisfies the requirement under subsection (1), income 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 residence 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),

(f) subject to a deportation order under the Immigration and Refugee Protection Act (Canada) that cannot be executed, or

(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 income assistance under Schedule A, hardship assistance under Schedule D or supplements under Division 1, 2, 3 or 5 of Part 5 of this regulation on account of or for the use or benefit of that person.

[am. B.C. Reg. 253/2005, s. (a).]

Effect of applying for other sources of income

8 (1)  For the purposes of subsection (2), "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 income assistance if an applicant in the family unit has applied for income from another source.

Requirement to apply for CPP benefits

9 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 income 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 income 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.

[am. B.C. Reg. 463/2003, s. 1.]

Limits on income

10 (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 income assistance if the net income of the family unit determined under Schedule B equals or exceeds the amount of income assistance determined under Schedule A for a family unit matching that family unit.

Asset limits

11 (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 if

(i)  the equity in the motor vehicle does not exceed $5 000,

(ii)  the motor vehicle has been significantly adapted to accommodate the disability of a recipient in the family unit,

(iii)  the motor vehicle is used to transport a disabled dependent child, or

(iv)  the motor vehicle is used to transport

(A)  a disabled child in the home of a relative, or

(B)  a disabled foster child,

if the child is in the care of the applicant or recipient;

(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 income assistance (part 2) form, and female stock held for stock replacement;

(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;

(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 7 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 by the minister under section 77.2 of this regulation, and received and used for the purposes set out in the business plan;

(y) assets exempted under section 12 (2) [asset development accounts] or 13 (2) [assets held in trust for person in special care facility];

(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;

(cc) payments granted by the government of British Columbia under the Ministry of Children and Family Development’s Extended Autism Intervention Program;

(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;

(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;

(ff) funds held in a registered education savings plan;

(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;

(hh) a Universal Child Care Benefit provided under the Universal Child Care Benefit Act (Canada).

(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).

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

(a) a sole applicant has no dependent children and has

(i)  assets with a total value of more than $1 500, or

(ii)  cash assets in an amount that is equal to or greater than the sum of the amount the applicant would otherwise be eligible for under section 28 [amount of income assistance] and $150;

(b) a sole recipient has no dependent children and has assets with a total value of more than $1 500;

(c) an applicant has one or more dependants and the family unit has

(i)  assets with a total value of more than $2 500, or

(ii)  cash assets in an amount that is equal to or greater than the sum of the amount the applicant would otherwise be eligible for under section 28 [amount of income assistance] and $250;

(d) a recipient has one or more dependants and the family unit has assets with a total value of more than $2 500;

(e) an applicant or a recipient

(i)  receives accommodation and care in a private hospital or a special care facility, other than an alcohol or drug treatment centre, or is admitted to a hospital for extended care, and

(ii)  has assets with a total value of more than

(A)  $3 000, if the applicant or recipient has no dependants, or

(B)  $5 000, if the applicant or recipient has one or more dependants.

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

(a) that for a family unit that includes a person who has persistent multiple barriers to employment or a person who has reached 65 years of age, the total cash surrender value of an uncashed life insurance policy of an applicant or recipient is not to be included as an asset 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.

(4)  The following amounts must be treated as unearned income for the first month for which income assistance or hardship assistance is provided to or for a family unit:

(a) for a sole applicant with no dependent children, the amount by which his or her cash assets exceed $150;

(b) for an applicant with one or more dependants, the amount by which his or her cash assets exceed $250.

[am. B.C. Regs. 115/2003, Sch. 1, s. 1; 209/2003, Sch. 1, s. 1; 235/2003, s. 1; 462/2003, Sch. A, s. 1; 276/2004, s. 1 (a); 22/2005, Sch. s. 1 (a); 304/2005, s. 4; 305/2005, Sch. 1, s. 2; 192/2006, s. 2; 250/2006, s. 1 (a).]

Asset development accounts

12 (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 11 (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 receiving special care

13 (1)  In this section, "disability-related cost" means the cost of providing any of the following to 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 independence of that person.

(2)  For a person who

(a) is receiving accommodation or care in a private hospital or special care facility, other than a drug or alcohol treatment centre, and

(b) 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:

(c) 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

(d) any capital subsequently contributed to a trust referred to in paragraph (c)

is exempt for the purposes of section 11 (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, is to be treated as if the real or personal property were held in trust for the patient by the patient's committee.

Effect of strike or lockout on eligibility

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

Effect of being in prison or other lawful place of confinement

15 A person is not eligible for income 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 family unit including full-time student

16 (1)  A family unit is not eligible for income assistance for the period described in subsection (2) if an applicant or a recipient is enrolled as a full-time student

(a) in a funded program of studies, or

(b) in an unfunded program of studies without the prior approval of the minister.

(2)  The period referred to in subsection (1)

(a) extends from the first day of the month following the month in which classes commence and continues until the last day of the month in which exams in the relevant program of studies are held, and

(b) is not longer than one year.

[am. B.C. Reg. 284/2003.]

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

17 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 income assistance or hardship assistance unless the minister has given prior authorization for the continuance of income 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.

Requirement for 2 years employment

18 (1)  For the purposes of section 8 (1) (a) of the Act, an applicant must have been employed for remuneration for at least 840 hours in each of the 2 consecutive years.

(2)  For the purposes of section 8 (1) (b) of the Act, an applicant must have earned remuneration for employment of at least $7 000 in each of the 2 consecutive years.

(3)  Section 8 of the Act does not apply to the family units of the following categories of applicants:

(a) applicants who have not reached the age of 19;

(b) applicants who are pregnant;

(c) applicants who have a medical condition that, in the opinion of the minister,

(i)  will prevent the applicant from working for at least the next 30 days, or

(ii)  has prevented the applicant from working for a total of at least six months of the 2 years immediately preceding the date of the applicant’s submission of the application for income assistance (part 2) form;

(d) applicants with dependent children;

(e) applicants who have a child in the home of a relative;

(f) applicants who have a foster child;

(g) applicants who were supported by an employed spouse for at least 2 years;

(h) applicants who were supported by an employed spouse for a portion of a two year period and met a requirement of section 8 (1) of the Act for the balance of the two year period;

(i) applicants who were incarcerated in a lawful place of confinement for at least 6 months of the 2 year period immediately preceding the date of application for income assistance;

(j) applicants who were in the care of a director under the Child, Family and Community Service Act or who had an agreement with a director under section 12.2 of the Child, Family and Community Services Act until the applicant’s 19th birthday;

(k) applicants who

(i)  have separated from an abusive spouse, or

(ii)  changed place of residence to flee an abusive relative, other than a spouse,

within the past 6 months if, in the minister’s opinion, the applicant’s ability to work is consequently impaired;

(l) applicants who have been awarded a 2 year diploma or certificate, a bachelors degree or a post-graduate degree from a post-secondary institution;

(m) applicants who have persistent multiple barriers to employment;

(n) applicants who reside with and care for a spouse who has a physical or mental condition that, in the minister’s opinion, precludes the applicant from leaving home for the purposes of employment;

(o) applicants who are providing care for a child under an agreement referred to in section 8 of the Child, Family and Community Service Act;

(p) applicants who are providing care for a child under an agreement referred to in section 93 (1) (g) (ii) of the Child, Family and Community Service Act.

[am. B.C. Regs. 331/2003, s. 1; 304/2005, s. 4.]

Definitions for Division

19 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;

"child support service" means a child support service established under section 93.3 (2) of the Family Relations Act;

"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 21 [categories of maintenance rights];

"spouse" includes a former spouse.

[am. B.C. Reg. 313/2006, s. 1.]

Categories of persons who must assign maintenance rights

20 (1)  For a family unit to be eligible for income 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 21 [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 7 (2) (a) to (f) [citizenship requirements].

Categories of maintenance rights

21 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

22 (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 of payments 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

23 (1)  An assignment under this Division ends when

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

(b) all income 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 income assistance or hardship assistance and amounts owing to the government under this Division still remain unrecovered, then, despite section 21 [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

24 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 21 [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 income assistance or hardship assistance, and

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

(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;

(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;

(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 income 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 income 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)  income 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.

[am. B.C. Reg. 313/2006, s. 2.]

Failure to comply with terms of assignment

25 (1)  If an assignor who is receiving income assistance or hardship assistance fails to comply with the terms of an assignment as prescribed in section 24 (c) [terms to be included in the assignment], the assignor's family unit may be declared ineligible for income 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.

Effective date of eligibility

26 (1)  Except as provided in subsection (2), a family unit is not eligible for income assistance or supplements in respect of a period that occurred before the date the minister determines the family unit’s eligibility.

(2)  A family unit becomes eligible

(a) for a support allowance under sections 2 and 3 of Schedule A on the date of the applicant’s submission of the application for income assistance (part 2) form,

(b) for a shelter allowance under sections 4 and 5 of Schedule A on the first day of the calendar month that includes the date of the applicant’s submission of the application for income assistance (part 2) form, but only for that portion of that month’s shelter costs that remains unpaid on the date of that submission, and

(c) for income assistance under sections 6 to 11 of Schedule A on the date of the applicant’s submission of the application for income assistance (part 2) form.

(3)  If a family unit includes a person who qualifies as a person who has persistent multiple barriers to employment, the family unit becomes eligible to receive income assistance at the rate specified under Schedule A for a family unit that matches that family unit on the first day of the month after the month in which the minister determines that the person qualifies as a person who has persistent multiple barriers to employment.

(4)  If a family unit that includes a person who qualifies as a person who has persistent multiple barriers to employment does not receive income assistance at the applicable rate under Schedule A from the date the family unit became eligible for it, the minister may backdate payment but only to whichever of the following results in the shorter payment period:

(a) the date the family unit became eligible under subsection (3) for the applicable rate;

(b) 12 calendar months before the date of payment.

(5)  A family unit is not eligible for any assistance in respect of a service provided or a cost incurred before the calendar month in which the assistance is requested.

[am. B.C. Reg. 304/2005, s. 5.]

Time limits for income assistance

27 (1)  The eligibility of a family unit for income assistance in any calendar month is subject to the following limitations:

(a) when income assistance has been provided to or for a family unit that includes only 1 person for a total of 24 of the previous 60 calendar months, the family unit is not eligible for income assistance;

(b) when income assistance has been provided to or for a family unit that includes 2 persons, neither of whom is a dependent child,

(i)  on account of each recipient for a total of 24 of the previous 60 calendar months, the family unit is not eligible for income assistance, and

(ii)  on account of one recipient for a total of 24 of the previous 60 calendar months and on account of the other recipient for less than 24 of the previous 60 calendar months, the income assistance provided to or for the family unit for a calendar month must be reduced by $300;

(c) when income assistance has been provided to or for a family unit that includes at least 2 persons, at least one of whom is a dependent child, on account of at least one recipient for a total of 24 of the previous 60 calendar months, the income assistance provided to or for the family unit for a calendar month must be reduced by $100 for each recipient in the family unit to or for whom income assistance has been provided for a total of 24 of the previous 60 calendar months.

(1.1)  Despite subsection (1) (a) and (b), subsection (1) (c) applies to a family unit described in subsection (1) (a) or (b) if a recipient in the family unit is providing care for a child who resides with the family unit and is

(a) a child in the home of a relative,

(b) a foster child of the recipient, or

(c) the subject of an agreement referred to in section 8 or 93 (1) (g) (ii) of the Child, Family and Community Service Act to which a recipient in the family unit is a party.

(1.2)  For the purposes of calculating whether the limits under subsection (1) have been met, any period during which subsection (2) applies to the family unit must not be included either as a month for which income assistance has been provided or for the purpose of calculating the previous 60 calendar months.

(2)  Subsections (1) and (1.1) do not apply to the following categories of family units:

(a) family units in which all recipients

(i)  have reached 65 years of age,

(ii)  have persistent multiple barriers to employment, or

(iii)  are receiving accommodation and care in a special care facility or a private hospital, other than an alcohol or drug treatment centre, or who are admitted to a hospital because they require extended care;

(b) children in the homes of relatives;

(c) family units that include at least one recipient in respect of whom income assistance has been provided to or for the family unit for 24 months, not including months excluded under subsection (3), of the previous 60 calendar months as long as

(i)  each recipient in the family unit who is subject to an employment plan complies with the employment plan, and

(ii)  the conditions for ineligibility or reduction under section 13 of the Act are not met in relation to a recipient in the family unit.

(2.1)  If a family unit is subject to a reduction or becomes ineligible under subsection (1), the portion of the reduction or ineligibility that is attributable to the circumstances of one of the recipients ends when that recipient reaches 65 years of age.

(3)  For the purpose of calculating whether income assistance has been provided to or for a recipient for a total of 24 out of the previous 60 calendar months, the following calendar months must not be included as a month for which income assistance has been provided, but must be included for the purpose of calculating the previous 60 months, in relation to a recipient:

(a) each calendar month during which the recipient qualifies as a recipient in a category described in section 29 (4) (b) to (g) and (i) to (k) [consequences of failing to meet employment-related obligations];

(a.1) each calendar month during which the recipient, regardless of the status of other recipients in the family unit, is a person described in section 29 (4) (h) (ii), (iii), (v) and (vi);

(b) each calendar month during which the recipient participates in the following portions of a training for jobs program approved by the minister:

(i)  acceptance into the program;

(ii)  training;

(iii)  job placement;

(c) each calendar month during which the income assistance provided to the family unit was reduced on account of the recipient under subsection (1) (b) (ii) or (c);

(d) each calendar month during which the recipient was pregnant;

(e) each calendar month during which the recipient was under 19 years of age;

(f) each calendar month during which the recipient has

(i)  a drug or alcohol problem,

(ii)  a mental health condition, or

(iii)  a temporary medical condition

that, in the minister's opinion, interferes with the recipient's ability to search for, accept or continue in employment.

(g) each calendar month during which a sole recipient

(i)  has a dependent child,

(ii)  has in his or her care a child in the home of a relative, or

(iii)  has in his or her care a foster child,

and the child has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from working, on average, more than 30 hours each week.

(4)  For the purposes of subsection (1), a person in the family unit who is not a person described in section 7 (2) [citizenship requirements] must not be included in the family unit.

[am. B.C. Regs. 116/2003, Sch. 1, s. 1; 374/2003; 160/2004, s. 1; 87/2005, s. (a).]

Amount of income assistance

28 Income 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.

Consequences of failing to meet employment-related obligations

29 (1)  For the purposes of section 13 (2) (a) [consequences of not meeting employment-related obligations] of the Act,

(a) for a default referred to in section 13 (1) (a) of the Act, the income assistance or hardship assistance provided to or for the family unit must be reduced by $100 for each of 2 calendar months starting from the later of the following dates:

(i)  the date of the applicant’s submission of the application for income assistance (part 2) form under this regulation;

(ii)  the date the default occurred, and

(b) for a default referred to in section 13 (1) (b) of the Act, the income assistance or hardship assistance provided to or for the family unit must be reduced by $100 for each calendar month until the later of the following occurs:

(i)  the income assistance or hardship assistance provided to the family unit has been reduced for one calendar month;

(ii)  the minister is satisfied that the applicant or recipient who committed the default is demonstrating reasonable efforts to search for employment.

(2)  The reduction under subsection (1) applies in respect of each applicant or recipient in a family unit who does anything prohibited under section 13 (1) [consequences of not meeting employment-related obligations] of the Act.

(3)  For the purposes of section 13 (2) (b) [consequences of not meeting employment-related obligations] of the Act, the period of ineligibility for income assistance lasts

(a) for a default referred in to section 13 (1) (a) of the Act, until 2 calendar months have elapsed from the later of the following dates:

(i)  the date of the applicant’s submission of the application for income assistance (part 2) form under this regulation;

(ii)  the date the default occurred, and

(b) for a default referred to in section 13 (1) (b) of the Act, until the later of the following has occurred:

(i)  the family unit has been ineligible for income assistance for one calendar month;

(ii)  the minister is satisfied that the applicant or recipient who committed the default is demonstrating reasonable efforts to search for employment.

(4)  Section 13 [consequences of not meeting employment-related obligations] of the Act does not apply to a family unit of an applicant or recipient who is in any of the following categories:

(a) Repealed. [B.C. Reg. 116/2003, Sch. 1, s. 2 (a).]

(b) sole applicants or sole recipients who have at least one dependent child who

(i)  has not reached 3 years of age, or

(ii)  has a physical or mental condition that, in the minister’s opinion, precludes the sole applicant or recipient from leaving home for the purposes of employment;

(c) sole applicants or sole recipients who have a child in the home of a relative who

(i)  has not reached 3 years of age, or

(ii)  has a physical or mental condition that, in the minister’s opinion, precludes the sole applicant or r