Section 1 (1) definitions "dependant" and "spouse" BEFORE amended by 2006-22-8(a), effective July 1, 2006 (BC Reg 193/2006).
"dependant", in relation to another person, means anyone who resides with the other person and who
(a) is the spouse of the other person,
(b) is a dependent child of the other person,
(c) shares with the other person income or assets or any necessities of life obtained with the shared income or assets, or
(d) indicates a parental responsibility for the other person's dependent child;
"spouse", in relation to another person, means anyone who
(a) is married to the other person, or
(b) is living and cohabiting with the other person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 1 (1) definition of "dependant", paragraph (c) BEFORE amended by 2011-25-326, effective March 18, 2013 (BC Reg 131/2012).
(c) indicates a parental responsibility for the person's dependent child;
Section 1 (1) definition of "dependant" BEFORE amended by 2019-36-98, effective January 1, 2020.
"dependant", in relation to a person, means anyone who resides with the person and who
(a) is the spouse of the person,
(b) is a dependent child of the person, or
(c) indicates a parental role for the person's dependent child;
Section 1 (1) definition of "dependent child" BEFORE amended by 2019-36-99(a), effective January 1, 2020 (BC Reg 270/2019).
"dependent child", with respect to a parent, means a child, other than a child who is 18 years of age and is a person with disabilities, who resides in the parent's place of residence for more than 50% of each month and relies on that parent for the necessities of life, and includes a child in circumstances prescribed under subsection (2);
Section 1 (1) definition of "family unit" BEFORE amended by 2023-10-193, effective March 30, 2023 (Royal Assent).
"family unit" means an applicant or a recipient and his or her dependants;
Section 1 (1) definitions of "client needs assessment" and "employability plan" were added by 2024-4-20(a), effective September 1, 2024 (BC Reg 199/2024).
Section 1 (1) definition of "employment plan" BEFORE repealed by 2024-4-20(b), effective September 1, 2024 (BC Reg 199/2024).
"employment plan" means a plan required under section 9 [employment plan] and includes an amended employment plan;
Section 1.1 BEFORE re-enacted by 2019-36-100, effective January 1, 2020.
Meaning of "spouse"
1.1 (1) Two persons, including persons of the same gender, are spouses of each other for the purposes of this Act if
(a) they are married to each other, or
(b) they acknowledge to the minister that they are residing together in a marriage-like relationship.
(2) Two persons who reside together, including persons of the same gender, are spouses of each other for the purposes of this Act if
(a) they have resided together for at least
(i) the previous 3 consecutive months, or
(ii) 9 of the previous 12 months, and
(b) the minister is satisfied that the relationship demonstrates
(i) financial dependence or interdependence, and
(ii) social and familial interdependence,
consistent with a marriage-like relationship.
Section 2 (1) definition of "health professional" BEFORE amended by 2007-8-18(a), effective July 1, 2007 (BC Reg 196/2007).
"health professional" means a person who is authorized under an enactment to practice the profession of
(a) a medical practitioner,
(b) a registered psychologist,
(c) a registered nurse or registered psychiatric nurse,
(d) an occupational therapist,
(e) a physical therapist, or
(f) a social worker.
Section 2 (2) (b) (part) BEFORE amended by 2007-8-18(b), effective July 1, 2007 (BC Reg 196/2007).
(b) in the opinion of a health professional
Section 2 (2) (a) BEFORE amended by 2014-14-136, effective September 1, 2016 (BC Reg 165/2016).
(a) in the opinion of a medical practitioner is likely to continue for at least 2 years, and
Section 2 (2) (part) BEFORE amended by 2016-8-1, effective September 1, 2016 (BC Reg 165/2016).
(2) The minister may designate a person who has reached 18 years of age as a person with disabilities for the purposes of this Act if the minister is satisfied that the person has a severe mental or physical impairment that
Section 3 (a) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) each person in the family unit on whose account the disability assistance, hardship assistance or supplement is provided satisfies the initial and continuing conditions of eligibility established under this Act and the regulations, and
Section 3 (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) the family unit has not been declared ineligible for the disability assistance, hardship assistance or supplement under this Act or the regulations.
Section 9 (5) BEFORE amended by 236/2011 effective December 14, 2011.
(5) If a dependent youth fails comply with subsection (2), the minister may reduce the amount of disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.
Section 9 BEFORE re-enacted by 2024-4-21, effective September 1, 2024 (BC Reg 199/2024).
Employment plan
9 (1) For a family unit to be eligible for disability assistance or hardship assistance, each applicant or recipient in the family unit, when required to do so by the minister, must
(a) enter into an employment plan, and
(b) comply with the conditions in the employment plan.
(2) A dependent youth, when required to do so by the minister, must
(a) enter into an employment plan, and
(b) comply with the conditions in the employment plan.
(3) The minister may specify the conditions in an employment plan including, without limitation, a condition requiring the applicant, recipient or dependent youth to participate in a specific employment-related program that, in the minister's opinion, will assist the applicant, recipient or dependent youth to
(4) If an employment plan includes a condition requiring an applicant, a recipient or a dependent youth to participate in a specific employment-related program, that condition is not met if the person
(a) fails to demonstrate reasonable efforts to participate in the program, or
(b) ceases, except for medical reasons, to participate in the program.
(5) If a dependent youth fails to comply with subsection (2), the minister may reduce the amount of disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.
(6) The minister may amend, suspend or cancel an employment plan.
(7) A decision under this section
(a) requiring a person to enter into an employment plan,
(b) amending, suspending or cancelling an employment plan, or
(c) specifying the conditions of an employment plan
is final and conclusive and is not open to review by a court on any ground or to appeal under section 16 (3) [reconsideration and appeal rights].
Section 10 (4) BEFORE amended by 2019-36-101(a), effective January 1, 2020 (BC Reg 270/2019).
(4) If an applicant or a recipient fails to comply with a direction under this section, the minister may declare the family unit ineligible for disability assistance, hardship assistance or a supplement for the prescribed period.
Section 10 (1) (g) BEFORE amended by 2023-10-194, effective March 30, 2023 (Royal Assent).
(g) direct a person referred to in paragraph (a), an applicant or a recipient to supply verification of any information he or she supplied to the minister.
Section 10 BEFORE amended by 2024-4-22, effective September 1, 2024 (BC Reg 199/2024).
Information and verification
(a) determining whether a person wanting to apply for disability assistance or hardship assistance is eligible to apply for it,
(b) determining or auditing eligibility for disability assistance, hardship assistance or a supplement,
(c) assessing employability and skills for the purposes of an employment plan, or
(d) assessing compliance with the conditions of an employment plan,
the minister may do one or more of the following:
(e) direct a person referred to in paragraph (a), an applicant or a recipient to supply the minister with information within the time and in the manner specified by the minister;
(f) seek verification of any information supplied to the minister by a person referred to in paragraph (a), an applicant or a recipient;
(g) direct a person referred to in paragraph (a), an applicant or a recipient to supply verification of any information the person, the applicant or the recipient supplied to the minister.
(2) The minister may direct an applicant or a recipient to supply verification of information received by the minister if that information relates to the eligibility of the family unit for disability assistance, hardship assistance or a supplement.
(3) Subsection (1) (e) to (g) applies with respect to a dependent youth for a purpose referred to in subsection (1) (c) or (d).
(4) If an applicant or a recipient fails to comply with a direction under this section, the minister may
(a) reduce the amount of disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period, or
(b) declare the family unit ineligible for disability assistance, hardship assistance or a supplement for the prescribed period.
(4.1) The Lieutenant Governor in Council may prescribe circumstances in which subsection (4) (a) or (b) does not apply.
(5) If a dependent youth fails to comply with a direction under this section, the minister may reduce the amount of disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.
Section 11 (1) (a) (i) BEFORE amended by 2002-63-4, effective January 1, 2003 (BC Reg 367/2002).
(i) is in the prescribed form, and
Section 11 (2) BEFORE amended by 2016-4-38, effective September 1, 2016 (BC Reg 191/2016).
(2) A report under subsection (1) (a) is deemed not to have been submitted unless the accuracy of the information provided in it is affirmed by the signature of each recipient.
Section 11 BEFORE re-enacted by 2024-4-23, effective May 13, 2024 (BC Reg 98/2024).
Reporting obligations
11 (1) For a family unit to be eligible for disability assistance, a recipient, in the manner and within the time specified by regulation, must
(a) submit to the minister a report that
(i) is in the form specified by the minister, and
(ii) contains the prescribed information, and
(b) notify the minister of any change in circumstances or information that
(i) may affect the eligibility of the family unit, and
(ii) was previously provided to the minister.
(2) A report under subsection (1) (a) is deemed not to have been submitted unless the accuracy of the information provided in it is confirmed by a signed statement of each recipient.
Section 12 (1) BEFORE amended by 2002-63-5, effective January 1, 2003 (BC Reg 367/2002).
(1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient who does any of the following is subject to the consequence described in subsection (2) for a family unit that matches the person's family unit:
(a) fails to accept suitable employment;
(b) voluntarily leaves employment without just cause;
(c) is dismissed from employment for just cause;
(d) fails to demonstrate reasonable efforts to search for employment.
Section 12 BEFORE repealed by 2024-4-24, effective September 1, 2024 (BC Reg 199/2024).
Consequences of not meeting employment-related obligations
12 (1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient is subject to the consequence described in subsection (2) for a family unit matching the applicant's or recipient's family unit if
(a) at any time while a recipient in the family unit is receiving disability assistance or hardship assistance or within 60 days before an applicant in the family unit applies for disability assistance, the applicant or recipient has
(i) failed to accept suitable employment,
(ii) voluntarily left employment without just cause, or
(iii) been dismissed from employment for just cause, or
(b) at any time while a recipient in the family unit is receiving disability assistance or hardship assistance, the recipient fails to demonstrate reasonable efforts to search for employment.
(2) For the purposes of subsection (1),
(a) if a family unit includes dependent children, the disability assistance or hardship assistance provided to or for the family unit must be reduced by the prescribed amount for the prescribed period, and
(b) if a family unit does not include dependent children, the family unit is not eligible for disability assistance for the prescribed period.
(3) The Lieutenant Governor in Council may specify by regulation categories of applicants or recipients to whose family units this section does not apply.
Section 14 (3) and (4) BEFORE amended by 2006-22-10, effective September 30, 2006 (BC Reg 193/2006).
(3) If
(a) a person acknowledges in writing that he or she obtained disability assistance, hardship assistance or a supplement under this Act, or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible, or
(b) a court has given judgment in favour of the government in an action for debt against a person for obtaining disability assistance, hardship assistance or a supplement under this Act, or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible,
unless the disability assistance, hardship assistance, income assistance or supplement was provided to or for the person in error, the minister may declare that the person's family unit is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the prescribed period, beginning with the first calendar month following the date of the acknowledgment or judgment.
(4) The periods prescribed for the purpose of subsection (3) may vary with the number of applicable acknowledgments or judgments.
Section 14 BEFORE repealed by 2015-23-58, effective August 1, 2015 (BC Reg 149/2015).
Consequences for conviction or judgment in relation to Act
14 (1) A family unit that includes a person who is convicted of an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance Act, by fraud or false or misleading representation is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the lifetime of the person beginning with the first calendar month following the date of the conviction.
(2) A family unit that includes a person who is convicted of an offence under this Act or the Employment and Assistance Act is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit, beginning with the first calendar month following the date of conviction,
(a) after a first conviction, for a period of 12 consecutive months,
(b) after a second conviction, for a period of 24 consecutive months, and
(c) after a third conviction, for the lifetime of the person.
(b) a court has given judgment in favour of the government in an action for debt against a person for obtaining disability assistance, hardship assistance or a supplement under this Act, or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible,
unless the disability assistance, hardship assistance, income assistance or supplement was provided to or for the person in error, the minister may declare that the person's family unit is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the prescribed period, beginning with the first calendar month following the date of the judgment.
(4) The periods prescribed for the purpose of subsection (3) may vary with the number of applicable judgments.
(a) only persons described in subsection (1) or (2), or subsection (3) if the minister has made a declaration under that subsection, the family unit is not eligible for disability assistance for the applicable period, and
(b) one or more persons described in subsection (1) or (2), or subsection (3) if the minister has made a declaration under that subsection, and at least one other person, the amount of disability assistance, hardship assistance or a supplement provided to or for the family unit must be reduced by the prescribed amount for the applicable period.
Section 14.1 BEFORE repealed by 2024-4-24, effective September 1, 2024 (BC Reg 199/2024).
Consequences for providing inaccurate or incomplete information
14.1 (1) The minister may take action under subsection (2) if the minister determines that
(a) disability assistance, hardship assistance or a supplement was provided to or for a family unit that was not eligible for it,
(b) the disability assistance, hardship assistance or supplement was provided to or for the family unit either
(i) on the basis of inaccurate or incomplete information provided by the applicant or recipient
(A) under section 10 (1) (e) [information and verification], or
(B) in a report under section 11 (1) [reporting obligations], or
(ii) because the recipient failed to report as required under section 11 (1), and
(c) in the minister's opinion, the applicant or recipient failed to take the necessary steps to ensure the accuracy or completeness of the information before providing it to the minister.
(2) In the circumstances described in subsection (1), the minister may reduce the disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.
(3) The periods prescribed for the purposes of subsection (2) may vary with the number of determinations made under subsection (1) in relation to a family unit.
(4) If a family unit that is subject to a reduction under section 15.1 of the Employment and Assistance Act qualifies for disability assistance or hardship assistance under this Act before the period prescribed for the purposes of section 15.1 (2) of that Act expires, the reduction is deemed to have been imposed under subsection (2) of this section.
Section 16 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) Subject to section 17, a person may request the minister to reconsider any of the following decisions made under this Act or the regulations:
Section 16 (1) (e) BEFORE repealed by 2024-4-25(a), effective September 1, 2024 (BC Reg 199/2024).
(e) a decision respecting the conditions of an employment plan under section 9 [employment plan].
Section 16 (3) BEFORE amended by 2024-4-25(b), effective September 1, 2024 (BC Reg 199/2024).
(3) Subject to a regulation under subsection (5) and to sections 9 (7) [employment plan], 17 and 18 (2) [overpayments], a person who is dissatisfied with the outcome of a request for a reconsideration under subsection (1) (a) to (d) may appeal the decision that is the outcome of the request to the tribunal.
Section 19 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) An amount that a person is liable to repay under this Act or the regulations is a debt due to the government that may be
Section 19 (1) (b) BEFORE amended by 2015-41-29, effective November 17, 2015 (Royal Assent).
(b) deducted, in accordance with the regulations from any subsequent disability assistance, hardship assistance or supplement for which the person's family unit is eligible or from an amount payable to the person by the government under a prescribed enactment.
Section 21 (1) BEFORE amended by 2006-22-12(a), effective July 1, 2006 (BC Reg 193/2006).
(1) Subject to subsection (2), the minister may enter into an agreement with any person or group of persons.
Sections 21 (2) to (4) BEFORE amended by 2006-22-12(b), effective July 1, 2006 (BC Reg 193/2006).
(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into any of the following:
(a) an agreement with the government of Canada or an agency of that government about financial arrangements or other matters relating to social programs;
(b) a reciprocal agreement with the government of another province of Canada or an agency of that government about disability assistance, hardship assistance, supplements or similar programs;
(c) an information-sharing agreement with
(i) the government of Canada or an agency of that government,
(ii) the government of a province or other jurisdiction in Canada or an agency of that government,
(iii) the government of a state of the United States or an agency of that government,
(iv) a public body as defined in the Freedom of Information and Protection of Privacy Act, or
(v) a legal entity representing an aboriginal community.
(3) An information-sharing agreement may be entered into under subsection (2) only for the purposes of the administration or enforcement of
(a) this Act,
(b) the Income Tax Act or the Income Tax Act (Canada),
(c) the Immigration Act (Canada), or
(d) a social benefit program operated by a government, an agency, a public body or a legal entity referred to in subsection (2) (c).
(3) In this section, "information-sharing agreement" includes a data-matching agreement but does not include an agreement to share
(a) information obtained by the minister for the purposes of another Act administered by the minister, or
(b) information obtained by the minister pursuant to an agreement under this section.
Sections 21 (3) (a) (iii) BEFORE amended by 2007-8-19, effective March 29, 2007 (Royal Assent).
(iii) the Immigration and Refugee Protection Act (Canada),
Section 21 (2.3) BEFORE amended by 2021-39-61, effective November 25, 2021 (Royal Assent).
(2.3) An information-sharing agreement under this section is not required for the purpose of sharing for research purposes personal information collected under this Act if the personal information is disclosed in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.
Section 21 (1) BEFORE amended by 2024-4-27(a), effective March 14, 2024 (Royal Assent).
(1) Subject to subsections (2) and (2.1), the minister may enter into an agreement with any person or group of persons.
Section 22 (1) BEFORE amended by 2024-4-28, effective September 1, 2024 (BC Reg 199/2024).
(1) A person commits an offence who supplies, in an application under this Act or when directed or required under section 10 (1), (2) or (3) [information and verification], section 11 [reporting obligations] or the regulations, information that is false or misleading with respect to a material fact.
Section 25 (1) (b) BEFORE amended by 2006-22-13, effective July 1, 2006 (BC Reg 193/2006).
(b) the power to enter into an agreement under section 21 (2) [agreements].
Section 26 (3) (j) BEFORE amended by 2006-22-14(b), effective July 1, 2006 (BC Reg 193/2006).
(j) respecting terms or conditions that are to be included in information-sharing agreements under section 21 (2) [agreements];
Section 26 (3) (i) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(i) respecting service and delivery of documents or the giving of notice under this Act or the regulations;
Section 26 (2) (o) BEFORE repealed by 2015-23-59, effective August 1, 2015 (BC Reg 149/2015).
(o) prescribing the amount of a reduction under section 14 (5) (b) [consequences for conviction or judgment in relation to Act].
Section 26 (3) (b) BEFORE repealed by 2015-23-59, effective August 1, 2015 (BC Reg 149/2015).
(b) prescribing periods for the purpose of section 14 (3) [consequences for conviction or judgment in relation to Act];
Section 26 (3) (l) BEFORE amended by 2015-23-59, effective August 1, 2015 (BC Reg 149/2015).
(l) prescribing the manner and minimum amount of a deduction under section 19 (1) (b) [liability for and recovery of debts under Act];
Section 26 (3) (a) BEFORE amended by 2019-36-104, effective January 1, 2020 (BC Reg 270/2019).
(a) specifying the amounts and duration of a reduction under section 9 (5) [employment plan], section 10 (5) [information and verification], section 12 (2) (a) [consequences of not meeting employment-related obligations], section 13 (3) (a) [consequences of not accepting or disposing of property] or the regulations;
Section 26 (3) (l) (ii) BEFORE amended by 2019-36-105, effective January 1, 2020.
(ii) prescribing the duration and minimum amount of a deduction,
Section 26 (2) (l) BEFORE repealed by 2024-4-29(a), effective September 1, 2024 (BC Reg 199/2024).
(l) respecting the information, authorizations and verifications that must be provided for the purposes of entering into, amending, suspending, cancelling or auditing compliance with an employment plan;
Section 26 (2) (n) BEFORE amended by 2024-4-29(b), effective September 1, 2024 (BC Reg 199/2024).
(n) prescribing periods of ineligibility for the purposes of sections 12 (2) (b) [consequences of not meeting employment-related obligations] and 13 (2) [consequences of not accepting or disposing of property];
Section 26 (3) (a) BEFORE amended by 2024-4-29(c), effective September 1, 2024 (BC Reg 199/2024).
(a) specifying the amounts and duration of a reduction under section 9 (5) [employment plan], section 10 (4) (a) or (5) [information and verification], section 12 (2) (a) [consequences of not meeting employment-related obligations], section 13 (3) (a) [consequences of not accepting or disposing of property] or the regulations;
Section 26 (3) (b.1) BEFORE repealed by 2024-4-29(d), effective September 1, 2024 (BC Reg 199/2024).
(b.1) prescribing amounts and periods for the purpose of section 14.1 (2);
Section 27 (1) (part) BEFORE amended by 2024-4-30(a) to (c), effective March 14, 2024 (Royal Assent).
(1) The Lieutenant Governor in Council may make regulations governing the assignment of maintenance rights and the recovery of the amount of disability assistance and hardship assistance provided in place of maintenance, including the following regulations:
(a) prescribing categories of persons whose family units are not eligible for disability assistance or hardship assistance unless they and their dependants assign to the minister any maintenance rights that
(i) they have respecting maintenance for themselves or a dependent child, and
(ii) are specified under paragraph (b);
(b) specifying maintenance rights that are to be assigned to the minister, including, but not limited to, any of the following rights:
Section 27 (2) BEFORE repealed by 2024-4-30(d), effective March 14, 2024 (Royal Assent).
(2) A regulation under subsection (1) (b) (iv) may specify that the minister be assigned the right to receive arrears of maintenance that are paid while the assignment is in effect, even though the arrears accrued before
(a) the regulation came into force, or
(b) disability assistance or hardship assistance was provided to or for the family unit that becomes eligible as a result of the assignment.
Section 28 BEFORE repealed by 2015-23-60, effective August 1, 2015 (BC Reg 149/2015).
Regulations prescribing ineligibility in relation to former or other Act
28 The Lieutenant Governor in Council may make regulations prescribing consequences for a family unit, including periods of ineligibility for disability assistance or hardship assistance under this Act, for any of the following:
(a) a conviction of a person in the family unit under the Criminal Code in relation to obtaining money by fraud or false or misleading representation under a former Act or the BC Benefits (Youth Works) Act;
(b) a conviction of a person in the family unit for an offence under a former Act or the BC Benefits (Youth Works) Act;
(c) a written acknowledgment by a person in the family unit of receiving a disability allowance, income assistance, hardship assistance or a benefit under a former Act, or a youth allowance or benefit under the BC Benefits (Youth Works) Act, to which the person was not eligible and that was not paid or provided in error;
(d) a judgment obtained by the government in an action for debt against a person in the family unit for obtaining a disability allowance, income assistance, hardship assistance or a benefit under a former Act, or a youth allowance or benefit under the BC Benefits (Youth Works) Act, to which the person was not eligible and that was not paid or provided in error.
Section 29 BEFORE amended by 2024-4-32, effective March 14, 2024 (Royal Assent).
Application of sections 35 and 36 of the Interpretation Act
29 Subject to sections 31, 32, 33, 34, 35 and 36 and to regulations made under section 30 of this Act [transitional regulations], sections 35 and 36 (1) of the Interpretation Act apply to all matters affected by the repeal of a former Act and its replacement by this Act.
Section 30 BEFORE repealed by 2024-4-33, effective March 14, 2024 (Royal Assent).
Transitional regulations
30 The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from the operation of any of the following Acts to the operation of this Act:
(a) BC Benefits (Appeals) Act;
(b) BC Benefits (Income Assistance) Act;
Section 31 (3) BEFORE amended by 2023-10-195, effective March 30, 2023 (Royal Assent).
(3) Despite a final decision of a tribunal, or the BC Benefits Appeal Board, under the BC Benefits (Appeals) Act, the minister may
(a) adjust an amount of disability allowance, income assistance, hardship assistance or a benefit,
(b) alter a category of disability allowance, income assistance, hardship assistance or a benefit provided to or for a recipient referred to in subsections (1) and (2) and his or her dependants, and
(c) alter the category of person of the recipient or his or her dependants
to equal the amounts or categories of disability assistance, hardship assistance or supplements the recipient and his or her dependants are eligible for under this Act.
Section 34 BEFORE repealed by 2024-4-33, effective March 14, 2024 (Royal Assent).
Assignment of maintenance rights deemed made under this Act
34 An assignment of maintenance rights that
(a) was made or continued under the regulations to a former Act, and
(b) is in effect on the date this section comes into force,
for a person to whom this Act applies, is deemed to have been made, and continues in force, under and subject to the regulations to this Act.
Section 35 BEFORE repealed by 2024-4-33, effective March 14, 2024 (Royal Assent).
Transitional — disqualification under former Act
35 The family unit of a person who, on the date this Act comes into force, is not eligible for a disability allowance, income assistance or hardship assistance under a former Act or a youth allowance under the BC Benefits (Youth Works) Act because of a period of disqualification imposed under the former Act or the BC Benefits (Youth Works) Act is not eligible for disability assistance or hardship assistance under this Act, as applicable, until the imposed period of disqualification expires, and that period is deemed to have been imposed under this Act.
Section 36 BEFORE repealed by 2024-4-33, effective March 14, 2024 (Royal Assent).
Transitional — appeals
36 (1) If, on the date this section comes into force, a person has requested a reconsideration of a decision under a former Act,
(a) the reconsideration must be conducted in accordance with the procedures under this Act and this Act applies to the decision being reconsidered,
(b) if the decision that is reconsidered is a decision that is appealable under this Act, an appeal to the tribunal under the Employment and Assistance Act may be commenced in accordance with Part 3 [appeals] of that Act and this Act applies to the decision being appealed, and
(c) if the decision that is reconsidered is a decision that is not appealable under this Act, the decision of the minister on the reconsideration is final and conclusive and is not open to review in a court on any ground or to appeal to any tribunal.
(2) If, on the date this section comes into force, an appeal to a tribunal has been commenced under the BC Benefits (Appeals) Act,
(a) if a tribunal has been appointed under that Act
(i) the appeal must be to that tribunal and this Act applies to the decision being appealed,
(ii) for the purpose of the appeal, that tribunal has the same jurisdiction as, and is deemed to be a panel of, the Employment and Assistance Appeal Tribunal, and
(iii) the decision of that tribunal is final and conclusive and is not open to review in a court except on a question of law or excess of jurisdiction or to appeal to any body, and
(b) if a tribunal has not been appointed under the BC Benefits (Appeals) Act,
(i) the appeal must be to the tribunal under, and conducted in accordance with, Part 3 of the Employment and Assistance Act, and
(ii) this Act applies to the decision being appealed.
(3) If, on the date this section comes into force, an appeal to the BC Benefits Appeal Board has been commenced under the BC Benefits (Appeals) Act by a person with disabilities, or a dependant of such a person, despite the repeal of that Act,
(a) subject to section 46 [transitional appeal board] of the Employment and Assistance Act, the appeal must be conducted in accordance with the procedures under the BC Benefits (Appeals) Act,
(b) this Act applies to the decision being appealed, and
(c) the decision of the appeal board is final and conclusive and is not open to review in a court except on a question of law or excess of jurisdiction.