B.C. Reg. 151/2018, deposited July 16, 2018, under the EMPLOYMENT AND ASSISTANCE ACT [section 35 (2) and (4)] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26 (2) and (4)]. Order in Council 396/2018, approved and ordered July 16, 2018.

On the recommendation of the undersigned, the Lieutenant Governor, 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 the attached Appendix 1, and

(b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix 2.

— S. SIMPSON, Minister of Social Development and Poverty Reduction; R. FLEMING, Presiding Member of the Executive Council.

Appendix 1

1 Section 1 (1) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended

(a) by adding the following definitions:

“alternate application for income assistance form” means a report submitted to the minister under section 4.21 (2) using the same form as in section 33 [monthly reporting requirement];

“income assistance application date” means the date of an applicant’s submission of

(a) an application for income assistance (part 2) form, or

(b) an alternate application for income assistance form; , and

(b) by repealing paragraph (c) of the definition of “transient” and substituting the following:

(c) in the minister’s opinion, is not taking up permanent residence in the community in which the person submits

(i) an application for income assistance (part 2) form, or

(ii) an alternate application for income assistance form; .

2 Section 4 is renumbered as section 4 (1) and the following subsection is added:

(2) Despite subsection (1), the eligibility of a family unit for income assistance may, at the minister’s discretion, be assessed on the basis of the process set out in section 4.21, if income assistance or disability assistance has been provided to or for a person in the family unit in at least one of the 3 calendar months immediately preceding the calendar month for which the eligibility of that family unit is being assessed.

3 Section 4.1 (1) is amended

(a) by striking out “eligibility of a family unit” and substituting “eligibility of a family unit referred to in section 4 (1)”, and

(b) by adding “of this section” after “subsection (2)”.

4 Section 4.2 (2) is amended

(a) by striking out “eligibility of a family unit” and substituting “eligibility of a family unit referred to in section 4 (1)”, and

(b) by adding “of this section” after “subsection (3)”.

5 The following section is added:

Alternate application for income assistance

4.21 (1) The process for assessing the eligibility of a family unit referred to in section 4 (2) for income assistance is fulfilling the requirements of subsection (2) of this section.

(2) The applicants for income assistance in a family unit must complete and submit to the minister a report using the same form as in section 33 [monthly reporting requirement].

6 Sections 11 (1) (k), 26 (2), 29 (1) (a) (i) and (3) (a) (i) and 39 (2) (b) are amended by striking out “date of the applicant’s submission of the application for income assistance (part 2) form” wherever it appears and substituting “income assistance application date”.

7 Section 33 (1) (b) is amended by striking out “95/2012” and substituting “87/2018”.

8 Section 3 of Schedule A is amended by striking out “date of the applicant’s submission of the application for income assistance (part 2) form” and substituting “income assistance application date”.

9 Section 3 (2) of Schedule B is repealed and the following substituted:

(2) A family unit may not claim an exemption under this section in relation to the first calendar month for which the family unit becomes eligible for income assistance unless a member of the family unit received disability assistance or income assistance in at least one of the 3 calendar months immediately preceding that first calendar month.

10 Section 4 (2) of Schedule D is amended

(a) in paragraph (a) by adding “or an alternate application for income assistance form” after “application for income assistance (part 2) form”, and

(b) in paragraph (b) by striking out “date of that application” and substituting “income assistance application date”.

Appendix 2

1 Section 1 (1) of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by adding the following definitions:

“alternate application for disability assistance form” means a report submitted to the minister under section 4.21 (2) using the same form as in section 29 [reporting requirement];

“disability assistance application date” means the date of an applicant’s submission of

(a) an application for disability assistance (part 2) form, or

(b) an alternate application for disability assistance form; .

2 Section 4 is repealed and the following substituted:

Process for assessment of eligibility for disability assistance

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

(2) Despite subsection (1), the eligibility of a family unit for disability assistance may, at the minister’s discretion, be assessed on the basis of the process set out in section 4.21, if disability assistance or income assistance has been provided to or for a person in the family unit in at least one of the 3 calendar months immediately preceding the calendar month for which the eligibility of that family unit is being assessed.

(3) Despite subsections (1) and (2), the eligibility of a family unit for disability assistance may be re-established in accordance with the process set out in section 4.4, if disability assistance has been provided to or for the family unit in a calendar year, but the family unit becomes ineligible under section 9 [limits on income] during that calendar year because the qualifying income of the family unit determined under section 3 of Schedule B equals or exceeds the amount of disability assistance determined under Schedule A that applies to a family unit matching that family unit.

3 Section 4.1 (1) is amended

(a) by striking out “eligibility of a family unit” and substituting “eligibility of a family unit referred to in section 4 (1)”, and

(b) by adding “of this section” after “subsection (2)”.

4 Section 4.2 (2) is amended

(a) by striking out “eligibility of a family unit” and substituting “eligibility of a family unit referred to in section 4 (1)”, and

(b) by adding “of this section” after “subsection (3)”.

5 The following section is added:

Alternate application for disability assistance

4.21 (1) The process for assessing the eligibility of a family unit referred to in section 4 (2) for disability assistance is fulfilling the requirements of subsection (2) of this section.

(2) The applicants for disability assistance in a family unit must complete and submit to the minister a report using the same form as in section 29 [reporting requirement].

6 Section 4.4 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The minister may re-establish the eligibility of a family unit referred to in section 4 (3) for disability assistance in accordance with subsection (2). , and

(b) by striking out “subsection (1)” wherever it appears and substituting “section 4 (3)”.

7 Sections 10 (1) (k), 23 (1.2), 25 (1) (a) (i) and (3) (a) (i) and 35 (2) (b) are amended by striking out “date of the applicant’s submission of the application for disability assistance (part 2) form” wherever it appears and substituting “disability assistance application date”.

8 Section 23 (1.2) (c) is amended by striking out “date of the applicant’s application for disability assistance (part 2) form” and substituting “disability assistance application date”.

9 Section 29 (b) is amended by striking out “95/2012” and substituting “87/2018”.

10 Section 3 of Schedule A is amended by striking out “date of the applicant’s submission of the application for disability assistance (part 2) form” and substituting “disability assistance application date”.

11 Section 4 (2) of Schedule D is amended

(a) in paragraph (a) by adding “or an alternate application for disability assistance form” after “application for disability assistance (part 2) form”, and

(b) in paragraph (b) by striking out “date of that application” and substituting “disability assistance application date”.

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