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B.C. Reg. 330/97 |
Deposited October 2, 1997 |
| This archived regulation consolidation is current to April 2, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
Continuing Care Act
[includes amendments up to B.C. Reg. 344/2003]
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Contents |
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1 In this regulation:
“assisted living services” means a continuing care program prescribed in the Continuing Care Programs Regulation;
“client” means a person who is receiving continuing care;
“consumer price index” means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada);
“earned income” means the sum of the following amounts as defined in the Income Tax Act (Canada):
(a) employment income;
(b) other employment income;
(c) net business income;
(d) net professional income;
(e) net commission income;
(f) net farming income;
(g) net fishing income;
“family unit size” means the client, the client’s spouse and a child as defined in the Hospital Insurance Act Regulations;
“health authority” means a regional health board or a community health council established under the Health Authorities Act or a community health services society incorporated under the Society Act;
“home support services” means a continuing care program prescribed in the Continuing Care Programs Regulation;
“person with disabilities” has the same meaning as in the Disability Benefits Program Act;
“remaining annual income” means, for the previous taxation year,
(a) the net income of the client as reported on line 236 of the client’s income tax return, and
(b) the net income of the client’s spouse as reported on line 236 of the spouse’s income tax return
(i) if home support services are provided, or
(ii) if, as may be applicable, the client resides in a facility or a family care home,
minus
(c) the total income tax paid by the client and, if paragraph (b) (i) or (ii) is applicable, the client’s spouse, as reported on line 435 of their income tax returns,
(d) the annual earned income for the client and, if paragraph (b) (i) or (ii) is applicable, the client’s spouse, up to a maximum of $15 000 per person, and
(e) the amount of income indicated in the following table that corresponds with the client’s family unit size:
| Family Unit Size | Deduction for Calculation of Client's Remaining Annual Income |
| 1................................................. $10 284 | |
| 2................................................. $16 752 | |
| 3................................................. $19 164 | |
| 4..................................................$20 880 | |
| 5................................................. $22 716 | |
| 6................................................. $24 312 | |
| 7................................................. $25 908 | |
| 8................................................. $27 384 | |
| 9................................................. $28 860 | |
| 10 ............................................... $30 336 | |
“spouse” means a person who is married to, or is living in a marriage-like relationship with, a client and, for the purposes of this definition, the marriage or marriage-like relationship may be between persons of the same gender.
[am. B.C. Reg. 2/2003, s. 1.]
2 (1) The client and, if applicable, the spouse must, in the form and manner specified by the minister, consent to and authorize Revenue Canada to release to the Minister of Health any documentation necessary to verify the information required by this regulation in order that the minister may determine whether the client is eligible for
(a) ministry-funded home support services, or
(b) a daily charge which is less than the highest daily rate charged to a client who resides in a facility or a family care home.
(2) If the client and, if applicable, the spouse do not give the consent and authorization required by subsection (1), the client
(a) will be required to pay the highest daily rate charged under this regulation for accommodation in a facility or family care home, or
(b) will not receive ministry funded home support services.
3 (1) A client who receives home support services must pay a daily charge calculated as the client's remaining annual income multiplied by 0.00138889.
(2) Despite subsection (1), a client is not required to pay a daily charge for home support services if the client receives any of the following:
(a) the Guaranteed Income Supplement, the Spouse's Allowance or the Widowed Spouse's Allowance under the Old Age Security Act (Canada);
(b) a support and shelter allowance under the BC Benefits (Income Assistance) Act;
(c) a disability allowance under the Disability Benefits Program Act;
(d) a war veteran's allowance under the War Veterans Allowance Act (Canada).
4 (1) For the purposes of section 5, a client who resides in a facility or a family care home is deemed to have a remaining annual income of $7 000 or less if the client receives any of the following:
(a) the Guaranteed Income Supplement, the Spouse’s Allowance or the Widowed Spouse’s Allowance under the Old Age Security Act (Canada);
(b) a support and shelter allowance under the Employment and Assistance Act;
(c) a war veteran’s allowance under the War Veterans Allowance Act (Canada).
(2) The daily charge for a person living in the same room as his or her spouse and receiving the Old Age Security Pension/Guaranteed Income Supplement is $21.40, and must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year.
(3) The daily charge for a client who resides in a facility or a family care home and is eligible for a disability allowance under the Employment and Assistance for Persons with Disabilities Act is $21.90.
(4) The daily charge in subsection (3) will be adjusted based on changes to the Shelter Allowance and Support Allowances paid by the Ministry of Human Resources.
[en. B.C. Reg. 295/2002; B.C. Reg. 344/2003, s. 1.]
5 (1) For the purposes of this section, the remaining annual income is calculated for a client who has a spouse, or a spouse and a child, as the lesser of
(a) a single person without a child, and
(b) a person with a spouse together with any child or children they may have.
(2) The daily charge for a client who resides in a facility or a family care home is the amount in Column 2 set out opposite the remaining annual income in Column 1 of the following table:
| Column 1 | Column 2 |
| Remaining Annual Income | Daily Charge |
| $0 – $7 000 | $27.10 |
| $7 000.01 – $9 000 | $29.60 |
| $9 000.01 – $11 000 | $32.70 |
| $11 000.01 – $13 000 | $35.60 |
| $13 000.01 – $15 000 | $39.50 |
| $15 000.01 – $18 000 | $43.70 |
| $18 000.01 – $21 000 | $47.70 |
| $21 000.01 – $24 000 | $51.80 |
| $24 000.01 – $27 000 | $56.00 |
| $27 000.01 – $30 000 | $60.40 |
| $30 000.01 or more | $65.00 |
(3) The daily charge must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.
[en. B.C. Reg. 295/2002; am. B.C. Regs. 316/2003, s. 2; 344/2003, s. 2 (b).]
6 (1) The minister may waive all or some portion of the daily charge up to a maximum of one year for a client residing in a facility or family care home if the client is unable to pay because of financial hardship.
(2) A client who has been granted a hardship waiver under subsection (1) must inform the local health authority, in writing and within 10 days, of any changes in his or her monthly disposable income which may affect his or her hardship waiver.
(3) A client who has been granted a hardship waiver under subsection (1)
(a) may, at any time, be required to, and
(b) must, in each calendar year,
re-establish his or her need for the hardship waiver.
(4) A client who fails to re-establish his or her need for a hardship waiver must repay all charges that were waived during the time that the client did not qualify for the waiver.
(5) Unpaid charges under subsection (4) are a debt owed by the person to the health authority and the health authority may take action to recover the debt.
7 (1) For the purposes of this section, “after tax income” means, for the previous taxation year,
(a) the net income of the client as reported on line 236 of the client’s income tax return, plus
(b) if the client has a spouse, the net income of the client’s spouse as reported on line 236 of the spouse’s income tax return,
minus
(c) the total income tax paid by the client plus the client’s spouse as reported on line 435 of their income tax returns,
divided by 12.
(2) A client who receives assisted living services must pay a monthly charge that equals 70% of the client’s after tax income.
[en. B.C. Reg. 2/2003, s. 2.]
Note: this regulation replaces B.C. Reg. 205/90.
[Provisions of the Continuing Care Act, R.S.B.C. 1996, c. 70, relevant to the enactment of this regulation: section 6]
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada