B.C. Reg. 161/2004, deposited April 15, 2004, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [Section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [Section 26]. Order in Council 373/2004, approved and ordered April 15, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that

(a) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in sections 1 and 2 of the attached Schedule, and

(b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in sections 3 and 4 of the attached Schedule.

— S. HAGEN, Minister of Human Resources; G. ABBOTT, Presiding Member of the Executive Council.

Schedule

Employment and Assistance Regulation

1 Section 39 of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is repealed and the following substituted:

Hardship assistance — eligibility and limitations

39 (1) For a family unit to be eligible for hardship assistance, the family unit

(a) must be ineligible for income assistance for one or more reasons set out in sections 41 to 47, and

(b) must not be ineligible for income assistance for any other reason.

(2) A family unit that is eligible for hardship assistance must be provided with hardship assistance

(a) in accordance with Schedule D,

(b) only for the calendar month in which the application for income assistance is made, and

(c) subject to section 4 (2) of Schedule D, only from the date in that calendar month on which the minister determines that the family unit is eligible for hardship assistance.

(3) A family unit to which hardship assistance has been provided for 3 consecutive calendar months because of the circumstances described in

(a) section 41, 44 or 46, or

(b) section 43, unless the source is employment insurance,

is not eligible for hardship assistance under any of those sections for the 3 consecutive calendar months immediately following those 3 consecutive calendar months of receipt.

2 The following section is added:

Applicants who fail to provide sponsorship information

42.1 The minister may provide hardship assistance to the family unit of an applicant described in section 7 (1) (a) or (b) [citizenship requirements] that is not eligible for income assistance because of the failure to provide the information and verifications required under section 4 (1) (d) [application requirements] for the minister to determine whether unearned income described in paragraph (v) of the definition in section 1 (1) of "unearned income" is available to the family unit, if

(a) the minister considers that undue hardship will otherwise occur, and

(b) the minister is satisfied that the applicant is making every effort to supply the information and verifications.

Employment and Assistance for
Persons with Disabilities Regulation

3 Section 35 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is repealed and the following substituted:

Hardship assistance — eligibility and limitations

35 (1) For a family unit to be eligible for hardship assistance, the family unit

(a) must be ineligible for disability assistance for one or more reasons set out in sections 37 to 42, and

(b) must not be ineligible for disability assistance for any other reason.

(2) A family unit that is eligible for hardship assistance must be provided with hardship assistance

(a) in accordance with Schedule D,

(b) only for the calendar month in which the application for disability assistance is made, and

(c) subject to section 4 (2) of Schedule D, only from the date in that calendar month on which the minister determines that the family unit is eligible for hardship assistance.

(3) A family unit to which hardship assistance has been provided for 3 consecutive calendar months because of the circumstances described in section 37, 39 or 41 is not eligible for hardship assistance under any of those sections for the 3 consecutive calendar months immediately following those 3 calendar months of receipt.

4 The following section is added:

Applicants who fail to provide sponsorship information

38.1 The minister may provide hardship assistance to the family unit of an applicant described in section 6 (1) (a) or (b) [citizenship requirements] that is not eligible for disability assistance because of the failure to provide the information and verifications required under section 4 (1) (d) [application requirements] for the minister to determine whether unearned income described in paragraph (v) of the definition in section 1 (1) of "unearned income" is available to the family unit, if

(a) the minister considers that undue hardship will otherwise occur, and

(b) the minister is satisfied that the applicant is making every effort to supply the information and verifications.

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