EMPLOYMENT AND ASSISTANCE 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 Act;

“application for a child in the home of a relative income assistance form” means the application for a child in the home of a relative income assistance form prescribed by the minister; (B.C. Reg. 400/2007)

"application for income assistance" Repealed. (B.C. Reg. 304/2005)

"application for income assistance (part 1) form" means the application for income assistance (part 1) form prescribed by the minister; (B.C. Reg. 304/2005)

"application for income assistance (part 2) form"means the application for income assistance (part 2) form prescribed by the minister; (B.C. Reg. 304/2005)

"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 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; (B.C. Reg 461/2003)

"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" 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; (B.C. Reg. 192/2006)

"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;

"enquiry form" Repealed. (B.C. Reg. 304/2005)

"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); (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. 86/2005)

"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; (B.C. Reg. 304/2005)

"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 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 of destroyed propert; (B.C. Reg. 344/2004)

(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);

"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. (B.C. Reg. 86/2005)

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, or

(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 practioner 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. (B.C. Reg. 263/2002)

PART 2 - ELIGIBILITY FOR INCOME ASSISTANCE

Division 1 - Applications and Applicant Requirements

Pre-application requirements

3 Repealed. (B.C. Reg.304/2005)

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.
(B.C. Reg. 304/2005)

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).
(B.C. Reg. 304/2005)

(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,

(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. (B.C. Reg. 304/2005)

(3) Subsection (2) does not affect the minister's powers under section 10 of the Act. (B.C. Reg. 304/2005)

(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 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) Repealed. (B.C. Reg. 6/2008)

(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 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. (B.C. Reg. 304/2005)

(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). (B.C. Reg. 304/2005)

(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. (B.C. Reg. 304/2005)

(4) Subsection (3) does not affect the minister's powers under section 10 of the Act. (B.C. Reg. 304/2005)

(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. (B.C. Reg. 304/2005)

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

Application for income assistance for a child in the home of a relative

4.4 (1) A person who applies on or after December 1, 2007 for income assistance under section 6 must

1. complete and submit to the minister the application for a child in the home of a relative income assistance form, and
2. include, as part of that application, a written authorization that permits the information from
   1. the relative of the child with whom the child is residing, and
   2. each person who is 18 years of age or older who is residing in the home referred to in subparagraph (i)
   to be used and disclosed in the manner set out in subsection (2).

(2) The written authorization referred to in subsection (1) must permit the minister, in order to make a determination referred to in section 6 (2.1) (d), to use and disclose information about a person referred to in subsection (1) (b) (i) or (ii) in conducting a criminal record check of the person and in reviewing whether the person has had any prior contact with a director, as defined in section 1 of the Child, Family and Community Service Act, or a delegate of the director.

(B.C. Reg. 400/2007)

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) Subject to subsection (2.1), a child is eligible for income assistance under section 11 of Schedule A if

(a) the 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,

(2.1) A child is not eligible for income assistance under subsection (2) if

(a) the child ceases to meet the conditions set out in
subsection (2),

(b) the relative with whom the child resides has entered into an agreement under section 8 of the Child, Family and Community Service Act in relation to the child,

(c) the relative with whom the child resides or the parent of the child fails

1. to provide accurate and complete information to the minister,
2. to provide all of the authorizations requested by the minister under section 4.4 or 34.1 within the time, if any, specified by the minister,
3. to attend in person at the ministry office when required to do so by the minister under section 34.1 (2) (c), or
4. to submit the form required by the minister under section 34.1 (2) (a), within the time specified by the minister,

(d) the minister determines, based on a review of the application of the child provided on or after December 1, 2007 and information obtained under the authorization appended to the application, that there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child, or

(e) the minister has conducted an audit under section 34.1 and determines, based on information provided under the audit, that there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child.

(B.C. Reg. 400/2007)

 

(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;

(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); 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), 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), (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 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.

Division 2 - Income and Asset Restrictions

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. (B.C. Reg. 463/2003)

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;
(B.C. Reg. 235/2003)

(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; (B.C. Reg.304/2005)

(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 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; (B.C. Reg. 462/2003)

(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.
(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; (B.C. 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. (B.C. 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; (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. 462/2003)

(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 wo uld 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.

(2.1) Despite subsection (2), a family unit that includes an applicant or a recipient who has applied for and has not been denied, or who the minister is satisfied has a genuine intention to apply for, designation as a person with disabilities under section 2 of the Employment and Assistance for Persons with Disabilities Act may receive income assistance, subject to all other eligibility criteria, if the family unit has assets with a total value of no 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.

(2.2) For the purposes of subsection (2.1), in addition to the assets described in subsection (2.1) (a) or (b), the family unit may own one motor vehicle generally used for day to day transportation needs.

(2.3) Subsection (1) (b) does not apply to a family unit to which subsection (2.2) applies.

(B.C. Reg. 86/2008)

(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.

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

(a) who is receiving accommodation or care in a private hospital or special care facility, other than a drug or alcohol treatment centre, or to whom section 11 (2.1) applies, and

(b) who complies with subsection (4),

(B.C. Reg. 86/2008)