Definitions

1  In this Act:

"benefit" means any form of assistance provided under this Act, other than a disability allowance, and includes

(a) a health care benefit, and

(b) any other form of assistance specified by regulation;

"disability allowance" means a support and shelter allowance provided under this Act;

"person with disabilities" means a person who at the time this section comes into force was a handicapped person under the Guaranteed Available Income for Need Act or a person

(a) who is 18 years of age or older,

(b) who, as a direct result of a severe mental or physical impairment,

(i)  requires extensive assistance or supervision in order to perform daily living tasks within a reasonable time, or

(ii)  requires unusual and continuous monthly expenditures for transportation or for special diets or for other unusual but essential and continuous needs, and

(c) who has confirmation from a medical practitioner that the impairment referred to in paragraph (b) exists and

(i)  is likely to continue for at least 2 years, or

(ii)  is likely to continue for at least one year and is likely to recur.

 Disability allowances and benefits

2  Subject to the regulations, the minister may provide, to or for persons with disabilities and their dependants, either or both of the following:

(a) disability allowances;

(b) benefits.

 Training and other programs

3  To promote the purposes of this Act, the minister may establish or fund training and other programs.

 Information and verification

4  (1)  For the purpose of determining or auditing eligibility for disability allowances or benefits, the minister may do one or more of the following:

(a) direct a person who has applied for a disability allowance or benefit, or to or for whom a disability allowance or benefit is provided, to supply the minister with information within the time and in the manner specified by the minister;

(b) seek verification of any information supplied by a person referred to in paragraph (a);

(c) direct a person referred to in paragraph (a) to supply verification of any information supplied by that person.

(2)  A person to or for whom a disability allowance or benefit is provided must notify the minister, within the time and in the manner specified by regulation, of any change of circumstances affecting the eligibility, under this Act, of that person or a dependant.

(3)  If a person fails to comply with a direction under subsection (1) (a) or (c) or with subsection (2), the minister may

(a) declare that person and any dependants ineligible for a disability allowance or benefit until the person complies, or

(b) reduce a disability allowance or benefit provided to or for the person or any dependant.

 Consequences of not accepting or of disposing of property

5  (1)  The minister may take action under subsection (2) if, within one year before the date of application for a disability allowance or benefit or at any time while a disability allowance or benefit is being provided, a person with disabilities or their dependant has done any of the following:

(a) failed to accept or pursue income, assets or other means of support that would, in the minister's opinion, enable that person to be completely or partly independent of the disability allowance or benefit;

(b) disposed of property for consideration that, in the minister's opinion, is inadequate;

(c) disposed of property to reduce assets.

(2)  In the circumstances set out in subsection (1), the minister may do one or more of the following:

(a) declare the person with disabilities and any dependant ineligible, for a period set by regulation, for a disability allowance or benefit;

(b) reduce any disability allowance or benefit provided to or for the person with disabilities or a dependant.

(3)  For the purposes of subsection (2), the minister may,

(a) in determining the assets of a person who has, or whose dependant has, failed to accept or pursue an asset referred to in subsection (1) (a) or disposed of property as described in subsection (1) (b) or (c), include that asset or property as though it had been accepted, pursued or retained, and

(b) in determining the income of a person who has, or whose dependant has, failed to accept or pursue income or other means of support referred to in subsection (1) (a), include that income or other means of support as though it had been accepted or pursued.

 Reconsiderations and appeals

6  (1)  A person may request the minister to reconsider a decision made under this Act or the regulations about

(a) the refusal to provide a disability allowance or benefit to or for the person or a dependant, or

(b) the discontinuance or reduction of a disability allowance or benefit provided to the person or a dependant.

(2)  The request must be made, and the decision reconsidered, within the time limits and in accordance with any rules specified by regulation.

(3)  If dissatisfied with the outcome, the person who made the request may appeal from the decision that was the outcome of the request to a tribunal appointed under the BC Benefits (Appeals) Act.

(4)  The right of appeal given by subsection (3) is subject to the time limits and other requirements set out in the BC Benefits (Appeals) Act and the regulations under that Act.

 Overpayments, repayments and assignments

7  (1)  If a dissability allowance or benefit is provided to a person who is not entitled to it, that person is liable to repay to the government the amount of the allowance or the value of the benefit to which the person was not entitled.

(2)  Subject to the regulations, the minister may enter into an agreement, or may accept any right assigned, for the repayment of a disability allowance or benefit.

(3)  A repayment agreement may be entered into before or after a disability allowance or benefit is provided.

(4)  An amount that a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is a debt due to the government and may

(a) be recovered by it in a court of competent jurisdiction, or

(b) be deducted by it from a subsequent disability allowance or benefit of that person or from an amount payable to that person by the government under a prescribed enactment.

(5)  The minister's decision about the amount a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is not open to appeal under section 6 (3).

 No garnishment, attachment, execution or seizure

8  (1)  Disability allowances and benefits are exempt from garnishment, attachment, execution or seizure under any Act.

(2)  Subsection (1) does not prevent a disability allowance or benefit being retained by way of a deduction or set-off under this Act, the Financial Administration Act or a prescribed Act.

 Delegation of minister's powers and duties

9  (1)  Subject to the regulations, the minister may delegate to any person or class of persons any or all of the minister's powers, duties and functions under this Act or the regulations, except

(a) the power to enter into an agreement under section 10 (2), and

(b) the power to prescribe forms.

(2)  A delegation of the powers, duties or functions of the minister must be in writing and may include any limits or conditions the minister considers advisable.

 Agreements

10  (1)  Subject to subsection (2), the minister may enter into an agreement with any person or group of persons.

(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 disability allowances and benefits;

(b) a reciprocal agreement with the government of another province of Canada, or an agency of that government, relating to disability benefits;

(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 only be entered into under subsection (2) for the purposes of the administration 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, agency, public body or legal entity referred to in subsection (2) (c).

(4)  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.

 Offence of supplying false or misleading information

11  (1)  A person commits an offence who supplies, in an application under this Act or when directed or required under section 4 (1) or (2) or the regulations, information that is false or misleading with respect to a material fact.

(2)  A person does not commit an offence under subsection (1) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(3)  A person who commits an offence under this section is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months or to both.

(4)  In addition, the court may order a person convicted of an offence under this section to pay the government all or part of any amount that person received under this Act as a result of committing the offence.

 Other provisions relating to offences

12  (1)  Section 5 of the Offence Act does not apply to this Act or the regulations.

(2)  The time limit for laying an information for an offence under this Act is 12 months after the facts on which the information is based first came to the minister's attention.

(3)  A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified facts unless there is evidence to the contrary.

 Power to make regulations

13  (1)  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) specifying other forms of assistance for the purposes of the definition of "benefit";

(b) prescribing the items composing each category of benefits and the amount or cost for each item;

(c) respecting applications for disability allowances and benefits and the information, authorizations and verifications that must be provided in support of those applications;

(d) governing eligibility for disability allowances and benefits;

(e) prescribing rules for determining the income or assets of persons who apply for disability allowances or benefits and persons to or for whom they are provided;

(f) prescribing rules for determining the rate or amount of a disability allowance or benefit;

(g) regulating the time and manner of providing disability allowances and benefits;

(h) specifying conditions on which disability allowances and benefits may be provided, and the consequences of failing to comply with those conditions;

(i) respecting the duty to notify the minister under section 4 (2);

(j) respecting the duties of persons who administer disability allowances and benefits received by them for persons with disabilities;

(k) governing the conditions subject to which and the amount by which disability allowances and benefits may be reduced under section 4 (3) or 5 (2);

(l) setting the period for which a person may be declared ineligible, under section 5 (2), for disability allowances and benefits;

(m) prescribing additional circumstances in which the minister may declare a person ineligible for, or may reduce, disability allowances and benefits;

(n) specifying time limits and other rules for the purpose of section 6 (2);

(o) respecting reinstatement of disability allowances and benefits pending reconsiderations and appeals;

(p) prescribing, for the purpose of section 7 (2), the circumstances in which repayment agreements may be entered into or assignments accepted, and the terms to be included in those agreements and assignments;

(q) prescribing enactments for the purposes of sections 7 (4) and 8 (2);

(r) prescribing terms and conditions that are to be included in information-sharing agreements under section 10 (2);

(s) respecting investigations and audits to ensure compliance with this Act and the regulations;

(t) respecting the delegation of the powers, duties and functions of the minister;

(u) defining any word or expression used in this Act or the regulations;

(v) providing for the establishment, functions and duties of a Disability Benefits Advisory Council and for the payment of its members.

(3)  In making regulations under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different groups or categories of persons or different categories of disability allowances and benefits.

 Eligibility and assignment of maintenance rights

13.1  (1)  The Lieutenant Governor in Council may make regulations governing the assignment of maintenance rights and the recovery of the amount of disability allowance provided in place of maintenance, including the following regulations:

(a) prescribing categories of persons with disabilities who are not eligible for a disability allowance unless they and their dependants assign to the minister any maintenance rights specified under paragraph (b);

(b) specifying the maintenance rights that are to be assigned to the minister, including, but not limited to, any of the following rights:

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

(ii)  to enter into a maintenance agreement;

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

(iv)  to receive payment under

(A)  a maintenance order made under the Divorce Act (Canada) or otherwise, or

(B)  a maintenance agreement;

(v)  to enforce a maintenance order or maintenance agreement;

(vi)  to file a maintenance order or maintenance agreement under the Family Maintenance Enforcement Act;

(c) governing how and to whom notice of an assignment of maintenance rights must be given;

(d) governing how long an assignment of maintenance rights remains in effect for different categories of maintenance rights;

(e) prescribing terms that are to be included in an assignment of maintenance rights and the consequences of failure to comply with those terms;

(f) determining the amounts that may

(i)  be deducted from maintenance payments received under an assignment of maintenance rights, and

(ii)  be retained by the government,

to recover the amount of disability allowance provided in place of maintenance while the assignment is in effect;

(g) respecting the method of accounting to a person with disabilities for payments received under an assignment of maintenance rights and for deductions made from those payments;

(h) respecting any matter considered necessary or advisable for

(i)  phasing in the application of a regulation made under this section to any category of persons with disabilities and their dependants, and

(ii)  resolving any transitional problems encountered in applying a regulation made under this section to persons with disabilities who are being provided with a disability allowance when that regulation comes into force.

(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) a disability allowance was provided to or for the person who became eligible as a result of the assignment.

(3)  A regulation under subsection (1) (d) may provide that an assignment of maintenance rights remains in effect for a specified period after the person who became eligible for a disability allowance as a result of the assignment ceases to receive that allowance.

(4)  While an assignment of maintenance rights is in effect, the minister

(a) may make an application or bring a proceeding relating to the assigned rights in the name of the government or in the name of the person who made the assignment, and

(b) has the same right to be notified and to participate in any proceedings relating to the assigned rights that, but for that assignment, the person who made the assignment would have had.

(5)  While an assignment of maintenance rights is in effect, the person who made the assignment is not entitled to exercise any of the assigned rights

(a) except to the extent authorized in writing by the minister, and

(b) subject to any terms or conditions specified in the authorization.

 Forms

14  The minister may do either or both of the following:

(a) prescribe forms for use under this Act;

(b) specify forms for use under this Act.

 Transitional regulations

15  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 the Guaranteed Available Income for Need Act to the operation of this Act.

 Commencement

16  This Act comes into force by regulation of the Lieutenant Governor in Council.