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"Point in Time" Regulation Content

Employment and Assistance Act

Employment and Assistance Regulation

B.C. Reg. 263/2002

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 April 1, 2010
May 1, 2012
October 1, 2012
March 18, 2013
April 1, 2015
September 1, 2015
December 1, 2015
December 7, 2016
July 1, 2017
Section 4.1 April 1, 2010
April 1, 2010
May 1, 2012
October 1, 2012
September 1, 2015
Section 4.2 April 1, 2010
May 1, 2012
October 1, 2012
October 1, 2012
Section 4.4 April 1, 2010
Section 5 April 1, 2010
October 1, 2012
Section 6 April 1, 2010
Section 7 October 1, 2012
Section 7.1 October 1, 2012
Section 11 April 1, 2010
July 1, 2010
July 30, 2010
May 1, 2012
October 1, 2012
January 30, 2013
March 17, 2014
September 8, 2014
April 1, 2015
September 1, 2015
December 1, 2015
December 7, 2016
April 1, 2017
July 1, 2017
Section 12 October 1, 2012
Section 13 October 1, 2012
Section 13.1 October 1, 2012
Section 16 September 1, 2015
September 1, 2015
Section 18 December 1, 2009
April 1, 2010
September 1, 2015
Section 19 March 18, 2013
May 1, 2015
Section 20 October 1, 2012
May 1, 2015
Section 21 May 1, 2015
Section 23 May 1, 2015
Section 24 July 1, 2010
March 18, 2013
May 1, 2015
Section 25 May 1, 2015
Section 26 April 1, 2010
December 13, 2013
Section 27 April 1, 2010
October 1, 2012
Section 29 April 1, 2010
September 1, 2015
Section 33 April 1, 2010
May 1, 2012
Section 34 April 1, 2010
May 1, 2012
Section 34.1 April 1, 2010
Part 3 Division 4 August 1, 2015
Section 38.1 June 1, 2010
Section 39 October 1, 2012
August 1, 2015
Section 40 October 1, 2012
Section 46 October 1, 2012
Section 47 August 1, 2015
Section 47.1 August 1, 2015
Section 47.2 October 1, 2012
Section 48.1 June 1, 2010
Section 49 April 1, 2010
Section 50 April 1, 2010
July 3, 2012
Section 52 August 9, 2011
Section 60 April 1, 2010
Section 60.1 July 1, 2017
Section 61 April 1, 2010
October 1, 2012
Section 61.1 July 1, 2017
Section 62 January 18, 2016
Section 62.1 July 3, 2012
September 1, 2017
Section 65 April 1, 2010
Section 66 September 1, 2016
Section 66.1 April 30, 2010
September 1, 2015
Section 66.2 September 1, 2015
Section 66.3 September 1, 2015
Section 66.4 September 1, 2015
Section 67 April 1, 2010
April 30, 2010
September 1, 2015
September 1, 2015
September 1, 2017
Section 67.1 April 1, 2010
April 30, 2010
September 1, 2015
Section 67.2 April 1, 2010
April 30, 2010
September 1, 2015
Section 68 April 1, 2010
April 30, 2010
October 1, 2012
September 1, 2015
September 1, 2017
Section 68.1 April 1, 2010
April 30, 2010
September 1, 2015
Section 69 September 1, 2015
Section 70 April 1, 2010
April 30, 2010
September 1, 2015
Section 71 April 1, 2010
September 1, 2017
Section 72 September 1, 2015
September 1, 2017
Section 72.1 September 1, 2017
Section 73 April 1, 2010
September 1, 2015
Section 74 September 1, 2014
Section 74.01 April 1, 2010
September 1, 2015
Section 74.1 April 1, 2010
April 30, 2010
September 1, 2015
Section 75 April 1, 2010
September 1, 2015
Section 76 April 1, 2010
October 1, 2012
September 1, 2015
Section 77.01 April 1, 2010
April 30, 2010
September 1, 2015
Section 77.02 April 1, 2017
September 1, 2017
Section 77.03 September 1, 2017
Division 7 Section 77.4-77.5 June 1, 2010
Section 81 April 1, 2010
Section 83 July 28, 2015
September 5, 2017
Section 89 August 1, 2015
Section 89.1 August 1, 2015
 Schedule A Section 1 April 1, 2010
 October 1, 2012
Schedule A Section 2 October 1, 2012
 July 1, 2017
Schedule A Section 4 June 1, 2010
 Schedule B Section 1 January 14, 2010
 April 1, 2010
 July 1, 2010
 July 30, 2010
 March 8, 2012
 October 1, 2012
 March 17, 2014
 September 8, 2014
 April 1, 2015
 June 1, 2015
 September 1, 2015
 December 1, 2015
 March 18, 2016
 December 7, 2016
 May 1, 2012
 April 1, 2017
 July 1, 2017
Schedule B Section 3 October 1, 2012
 September 1, 2015
 Schedule B Section 7 May 1, 2012
 October 1, 2012
 December 1, 2015
 October 1, 2016
Schedule B Section 8 September 1, 2015
Schedule B Section 10 October 1, 2012
 July 1, 2017
 Schedule C Section 1 April 1, 2010
 April 1, 2010
 May 1, 2012
 April 1, 2010
September 1, 2017
 Schedule C Section 2 April 1, 2010
 February 1, 2011
 May 1, 2012
 October 1, 2012
 Schedule C Section 3 April 1, 2010
 October 1, 2012
September 1, 2017
Schedule C Section 3.1 April 1, 2010
Schedule C Section 3.2 to 3.11 April 1, 2010
Schedule C Section 3.4 October 1, 2012
Schedule C Section 3.5 October 1, 2012
Schedule C Section 3.6 October 1, 2012
Schedule C Section 3.9 October 1, 2012
Schedule C Section 3.10 July 22, 2011
 October 1, 2012
Schedule C Section 3.11 May 1, 2012
 April 1, 2017
September 1, 2017
Schedule C Section 3.12 October 1, 2012
 Schedule C Section 4 April 1, 2010
 April 1, 2010
 September 1, 2015
September 1, 2017
 Schedule C Section 4.1 April 1, 2010
September 1, 2017
 Schedule C Section 7 April 1, 2010
September 1, 2017
 Schedule C Section 7.1 September 1, 2017
 Schedule C Section 8 April 1, 2010
 January 14, 2010
 May 1, 2012
 Schedule C Section 11 April 1, 2017
September 1, 2017
 Schedule D Section 2 April 1, 2010
 October 1, 2012
 July 1, 2017
 Schedule D Section 4 October 1, 2012
 Schedule D Section 6 January 14, 2010
 April 1, 2010
 July 1, 2010
 July 30, 2010
 March 8, 2012
 May 1, 2012
 October 1, 2012
 March 17, 2014
 September 8, 2014
 April 1, 2015
 June 1, 2015
 September 1, 2015
 December 1, 2015
 March 18, 2016
 December 7, 2016
 April 1, 2017
 July 1, 2017
Schedule F April 1, 2010

 Section 1 (1) definitions of "application for a child in the home of a relative income assistance form" and "child in the home of a relative" BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

"application for a child in the home of a relative income assistance form" means the application for a child in the home of a relative income assistance form prescribed by the minister;

"child in the home of a relative" means a child referred to in section 6 (2) [child in the home of a relative] to or for whom income assistance under section 11 of Schedule A is provided;

 Section 1 (1) BEFORE amended by BC Reg 84/2012, effective May 1, 2012.

"application for income assistance (part 1) form" means the application for income assistance (part 1) form prescribed by the minister;

"application for income assistance (part 2) form" means the application for income assistance (part 2) form prescribed by the minister;

 Section 1 (1) definition of "earned income" paragraph (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(b) tax refunds,

 Section 1 (1) definition of "national child benefit supplement" BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

"national child benefit supplement" means the amount that is 1/12 the value of "C" in the formula 1/12 [(A-B) + C] calculated under section 122.61 of the Income Tax Act (Canada);

 Section 1 (1) definitions of "former recipient", "parent" and "parenting dependent child" were added by BC Reg 197/2012, effective October 1, 2012.

 Section 1 (1) definition of "unearned income" paragraph (w) was added by BC Reg 197/2012, effective October 1, 2012.

 Section 1 (4) was added by BC Reg 197/2012, effective October 1, 2012.

 Section 1 (1) definition of "unearned income" paragraph (k) BEFORE amended by BC Reg 363/2012, effective March 18, 2013.

(k) widows' or orphans' allowances;

 Section 1 (1) definition of "BC early childhood tax benefit" was added by BC Reg 41/2105, effective April 1, 2015.

 Section 1 (1) definition of "child benefits cheque" was added BC Reg 41/2105, effective April 1, 2015.

 Section 1 (1) definitions "child in care", and "supported child" were added by BC Reg 145/2015 effective September 1, 2015.

 Section 1 (1) definitions of "funded program of studies", "student financial assistance" and "unfunded program of studies" BEFORE amended by BC Reg 204/2015, effective December 1, 2015.

"funded program of studies" means a program of studies for which student financial assistance may be provided to a student enrolled in it;

"student financial assistance" means funding provided to students under the Canada Student Financial Assistance Act (Canada);

"unfunded program of studies" means a program of studies for which a student enrolled in it is not eligible for student financial assistance.

 Section 1 (1) definition of "gift" and definition of "unearned income", paragraphs (x) and (y) were added by BC Reg 204/2015, effective December 1, 2015.

 Section 1 (1) definition of "legal proceeding" was added by BC Reg 283/2016, effective December 7, 2016.

 Section 1 (1) definitions of "BC child adjustment amount", "Canada child benefit" and "consumer price index" were added by BC Reg 34/2017, effective July 1, 2017.

 Section 1 (1) definitions of "Canada child tax benefit" and "national child benefit supplement" BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

"Canada child tax benefit" means an amount deemed to be an overpayment on account of a person's liability for the taxation year determined under section 122.61 of the Income Tax Act (Canada) and includes the child disability benefit;

"national child benefit supplement" means the amount that is 1/12 the value of "C" in the formula calculated under section 122.61 of the Income Tax Act (Canada);

 Section 1 (1) definition of "child benefits cheque", paragraph (f) was added by BC Reg 34/2017, effective July 1, 2017.

 Section 4.1 (4) (c) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(c) is applying for income assistance that the minister may provide under section 6 (2),

 Section 4.1 (6) (b) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(b) provides care to a child in the home of a relative, a foster child or a child in their care under an agreement referred to in sections 8 or 93 (1) (g) (ii) of the Child, Family and Community Service Act

 Section 4.1 (1) (b) BEFORE repealed by BC Reg 65/2010, effective April 1, 2010.

(c) is applying for income assistance that the minister may provide under section 6 (2),

 Section 4.1 (6) (b) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(b) provides care to a child in the home of a relative, a foster child or a child in their care under an agreement referred to in sections 8 or 93 (1) (g) (ii) of the Child, Family and Community Service Act

 Section 4.1 (2) (b) BEFORE amended by BC Reg 85/2012 effective May 1, 2012.

(b) subject to subsection (4), must

(i)  complete searches for employment as directed by the minister for the 3 weeks immediately following the date of the application under paragraph (a), or

(ii)  demonstrate that each of the applicants has completed a search for employment satisfactory to the minister within the 30 day period prior to the date of the application under paragraph (a),

and in either case provide information about and verification of the searches for employment, in the form specified by the minister.

 Section 4.1 (2) (a) (i) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(i)  the social insurance number of each applicant in the family unit except a person who is not described in section 7 (2), and

 Section 4.1 (2) (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(b) subject to subsections (4), (5) and (6), must

 Section 4.1 (2) (b) (i) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(i)  complete searches for employment as directed by the minister for the 3 weeks immediately following the date of the application under paragraph (a), or

 Section 4.1 (2.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Section 4.1 (5) BEFORE repealed by BC Reg 197/2012, effective October 1, 2012.

(5)  Subsection (2) (b) does not apply if any person in the family unit to which an application relates has an immediate need for food or shelter or needs urgent medical attention.

 Section 4.1 (6) (b) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(b) provides care to a foster child or a child in their care under an agreement referred to in section 8 or 93 (1) (g) (ii) of the Child, Family and Community Service Act

 Section 4.2 (5) (a) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(a) applies for income assistance that may be provided under section 6 (2) by the minister,

 Section 4.2 (3) (b) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

(b) subject to subsection (4), proof that the applicants have each completed an applicant orientation program within the 60 day period immediately preceding the date of the submission of the application for income assistance (part 2) form, and

 Section 4.2 (3) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(3)  On completion of the first stage process provided for in section 4.1, the applicants for income assistance in the family unit must complete and submit to the minister an application for income assistance (part 2) form and must include as part of the application

 Section 4.2 (5) (c) BEFORE amended by BC Reg 198/2012, effective October 1, 2012.

(c) is not described in section 7 (2), or

 Section 4.4 BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

 Application for income assistance for a child in the home of a relative

4.4  (1)  A person who applies on or after December 1, 2007 for income assistance under section 6 must

(a) complete and submit to the minister the application for a child in the home of a relative income assistance form, and

(b) include, as part of that application, a written authorization that permits the information from

(i)  the relative of the child with whom the child is residing, and

(ii)  each person who is 18 years of age or older who is residing in the home referred to in subparagraph (i)

to be used and disclosed in the manner set out in subsection (2).

(2)  The written authorization referred to in subsection (1) must permit the minister, in order to make a determination referred to in section 6 (2.1) (d), to use and disclose information about a person referred to in subsection (1) (b) (i) or (ii) in conducting a criminal record check of the person and in reviewing whether the person has had any prior contact with a director, as defined in section 1 of the Child, Family and Community Service Act, or a delegate of the director.

[en. B.C. Reg. 400/2007, s. 2]

 Section 5 (2) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(2)  Subject to section 6 [child in the home of a relative], a child who is not residing with his or her parent is not eligible to receive assistance unless, after reasonable efforts by the minister to have the parent assume responsibility for the financial support of the child, the minister decides to grant income assistance to the child.

 Section 5 (3), (4), (5) and (6) were added by BC Reg 197/2012, effective October 1, 2012.

 Section 6 BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

 Child in the home of a relative

6  (1)  In this section:

"child" does not include a person with disabilities;

"relative" in relation to a child, does not include the child's parent.

(2)  Subject to subsection (2.1), a child is eligible for income assistance under section 11 of Schedule A if

(a) the child resides with his or her relative,

(b) the child's parent placed the child with the relative, and

(c) the child's parent does not reside with the relative.

(2.1)  A child is not eligible for income assistance under subsection (2) if

(a) the child ceases to meet the conditions set out in subsection (2),

(b) the relative with whom the child resides has entered into an agreement under section 8 of the Child, Family and Community Service Act in relation to the child,

(c) the relative with whom the child resides or the parent of the child fails

(i)  to provide accurate and complete information to the minister,

(ii)  to provide all of the authorizations requested by the minister under section 4.4 or 34.1 within the time, if any, specified by the minister,

(iii)  to attend in person at the ministry office when required to do so by the minister under section 34.1 (2) (c), or

(iv)  to submit the form required by the minister under section 34.1 (2) (a), within the time specified by the minister,

(d) the minister determines, based on a review of the application of the child provided on or after December 1, 2007 and information obtained under the authorization appended to the application, that there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child, or

(e) the minister has conducted an audit under section 34.1 and determines, based on information provided under the audit, that there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child.

(3)  If a child is eligible for income assistance under subsection (2), the minister may pay the income assistance to the relative for the child.

[am. B.C. Reg. 400/2007, s. 3.]

 Section 7 (2) (d) BEFORE amended by BC Reg 198/2012, effective October 1, 2012.

(d) in Canada under a temporary residence permit issued under the Immigration and Refugee Protection Act (Canada) or on a minister's permit issued under the Immigration Act (Canada),

 Section 7.1 was added by BC Reg 198/2012, effective October 1, 2012.

 Section 11 (1) (b) (iv) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(iv)  the motor vehicle is used to transport

(A)  a disabled child in the home of a relative, or

(B)  a disabled foster child,

if the child is in the care of the applicant or recipient;

 Section 11 (1) (g) and (ll) BEFORE amended by BC Reg 180/2010 effectife July 1, 2010.

(g) a sales tax credit under the Income Tax Act (British Columbia);

(ll) the low income climate action tax credit under section 8.1 of the Income Tax Act;

 Section 11 (1) (oo) was added by BC Reg 242/2010, effective July 30, 2010.

 Section 11 (1) (z) and (cc) BEFORE repealed by BC Reg 85/2012, effective May 1, 2012.

(z) payments granted by the government of British Columbia as Interim Early Intensive Intervention Funding;

(cc) payments granted by the government of British Columbia under the Ministry of Children and Family Development's Extended Autism Intervention Program;

 Section 11 (1) (pp) to (rr) were added by BC Reg 85/2012, effective May 1, 2012.

 Section 11 (1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(1)  The following assets are exempt for the purposes of subsection (2):

 Section 11 (1) (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(b) one motor vehicle generally used for day to day transportation needs if

 Section 11 (1) (b) (i) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(i)  the equity in the motor vehicle does not exceed $5 000,

 Section 11 (1) (e) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(e) a child tax benefit under the Income Tax Act (Canada);

 Section 11 (1) (u) BEFORE repealed by BC Reg 197/2012, effective October 1, 2012.

(u) an income tax refund, or part of an income tax refund, that arises by reason of a payment made by the government of British Columbia to the government of Canada on behalf of a person who incurred a tax liability due to income received under the Forest Worker Transition Program;

 Section 11 (1) (y) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(y) assets exempted under section 12 (2) [asset development accounts] or 13 (2) [assets held in trust for person in special care facility];

 Section 11 (1) (dd) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(dd) payments granted by the government of British Columbia under an agreement referred to in section 93 (1) (g) (ii) of the Child, Family and Community Service Act, for contributions to the support of a child to a person other than a parent of that child;

 Section 11 (1) (ss) and (tt) were added by BC Reg 197/2012, effective October 1, 2012.

 Section 11 (2) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  A family unit is not eligible for income assistance if any of the following apply:

(a) a sole applicant has no dependent children and has

(i)  assets with a total value of more than $1 500, or

(ii)  cash assets in an amount that is equal to or greater than the sum of the amount the applicant would otherwise be eligible for under section 28 [amount of income assistance] and $150;

(b) a sole recipient has no dependent children and has assets with a total value of more than $1 500;

(c) an applicant has one or more dependants and the family unit has

(i)  assets with a total value of more than $2 500, or

(ii)  cash assets in an amount that is equal to or greater than the sum of the amount the applicant would otherwise be eligible for under section 28 [amount of income assistance] and $250;

(d) a recipient has one or more dependants and the family unit has assets with a total value of more than $2 500;

(e) an applicant or a recipient

(i)  receives accommodation and care in a private hospital or a special care facility, other than an alcohol or drug treatment centre, or is admitted to a hospital for extended care, and

(ii)  has assets with a total value of more than

(A)  $3 000, if the applicant or recipient has no dependants, or

(B)  $5 000, if the applicant or recipient has one or more dependants.

 Section 11 (2.1) (a) and (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(a) $3 000, if the applicant or recipient has no dependants, or

(b) $5 000, if the applicant or recipient has one or more dependants.

 Section 11 (4) BEFORE repealed by BC Reg 197/2012, effective October 1, 2012.

(4)  The following amounts must be treated as unearned income for the first month for which income assistance or hardship assistance is provided to or for a family unit:

(a) for a sole applicant with no dependent children, the amount by which his or her cash assets exceed $150;

(b) for an applicant with one or more dependants, the amount by which his or her cash assets exceed $250.

 Section 11 (1) (jj) BEFORE amended by BC Reg 20/2013, effective January 30, 2013.

(jj) funds held in a registered disability savings plan;

 Section 11 (1) (uu) was added by BC Reg 31/2014, effective March 17, 2014.

 Section 11 (1) (vv) was added by BC Reg 172/2014, effective September 8, 2014.

 Section 11 (1) (ww) was added by BC Reg 41/2015, effective April 1, 2015.

 Section 11 (1) (b) (iv) BEFORE amended by BC Reg 145/2015, effective September 1, 29015.

(iv) the motor vehicle is used to transport a disabled foster child, if the child is in the care of the applicant or recipient;

 Section 11 (2) (c) BEFORE amended by BC Reg 204/2015, effective December 1, 2015.

(c) an applicant or a recipient receives accommodation and care in a private hospital or a special care facility, other than an alcohol or drug treatment centre, or is admitted to a hospital for extended care, and

(i) has no dependants and has assets with a total value of more than $5 000, or

(ii) has one or more dependants and the family unit has assets with a total value of more than $10 000.

 Section 11 (2.1) (a) and (b) BEFORE amended by BC Reg 204/2015, effective December 1, 2015.

(a) $5 000, if the applicant or recipient has no dependants, or

(b) $10 000, if the applicant or recipient has one or more dependants.

 Section 11 (2) (d) was added by BC Reg 204/2015, effective December 1, 2015.

 Section 11 (1) (xx) and (yy) were added by BC Reg 283/2016, effective December 7, 2016.

 Section 11 (1) (zz), (aaa) and (bbb) were added by BC Reg 96/2017, effective April 1, 2017.

 Section 11 (1) (e.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Section 12 (2) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  For the period that an applicant or recipient is participating in an asset development account program, the applicant's or recipient's asset development account is exempt as an asset for the purposes of section 11 (2) [asset limits].

 Section 13 (1) (d) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(d) any other item or service the minister considers necessary to promote the independence of that person.

 Section 13 (2) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  For a person

(a) who is receiving accommodation or care in a private hospital or special care facility, other than a drug or alcohol treatment centre, or to whom section 11 (2.1) applies, and

(b) who complies with subsection (4),

up to $100 000, or a higher limit if authorized by the minister under subsection (3), of the aggregate value of the person's beneficial interest in real or personal property held in one or more trusts, calculated as follows:

(c) the sum of the value of the capital of each trust on the later of April 26, 1996 or the date the trust was created, plus

(d) any capital subsequently contributed to a trust referred to in paragraph (c)

is exempt for the purposes of section 11(2) [asset limits].

 Section 13 (3) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(3)  If the minister is satisfied that, because of special circumstances, the lifetime disability-related costs of a person referred to in subsection (2) will amount to more than $100 000, the minister may authorize a higher limit for the person for the purposes of subsection (2).

 Section 13.1 was added by BC Reg 197/2012, effective October 1, 2012.

 Section 16 (1) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(1) A family unit is not eligible for income assistance for the period described in subsection (2) if an applicant or a recipient is enrolled as a full-time student

(a) in a funded program of studies, or

(b) in an unfunded program of studies without the prior approval of the minister.

 Section 16 (1.1) and (1.2) were added by BC Reg 145/2015, effective September 1, 2015.

 Section 18 (4) was added by BC Reg 279/2009, effective December 1, 2009.

 Section 18 (3) (e) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(e) applicants who have a child in the home of a relative;

 Section 18 (3) (f) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(f) applicants who have a foster child;

 Section 19 (1) definitions of "child support" and "child support service" BEFORE amended by BC Reg 363/2012, effective March 18, 2013.

"child support" has the same meaning as "child support" in section 93.3 (1) of the Family Relations Act;

"child support service" means a child support service established under section 93.3 (2) of the Family Relations Act;

 Section 19 definitions of "assignment", "child support", "child support service", "debtor", "director of maintenance enforcement", "maintenance rights" and "spouse" BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

"assignment" means an assignment of maintenance rights to the minister;

"child support" means child support within the meaning of Division 2 of Part 7 of the Family Law Act;

"child support service" has the same meaning as in section 153 of the Family Law Act;

"debtor" has the same meaning as in section 1 (1) of the Family Maintenance Enforcement Act;

"director of maintenance enforcement" has the same meaning as "director" in section 1 (1) of the Family Maintenance Enforcement Act;

"maintenance rights" means any of the maintenance rights set out in section 21 [categories of maintenance rights];

"spouse" includes a former spouse.

 Section 19 definition of "maintenance right" was added by BC Reg 62/2015, effective May 1, 2015.

 Section 20 (2) BEFORE amended by BC Reg 198/2012, effective October 1, 2012.

(2)  The requirement to assign maintenance rights does not apply to any person in a family unit who is not in a category described in section 7 (2) (a) to (f) [citizenship requirements].

 Section 20 BEFORE re-enacted by BC Reg 62/2015, effective May 1, 2015.

Categories of persons who must assign maintenance rights

20  (1) For a family unit to be eligible for income assistance or hardship assistance, an applicant or recipient in the family unit who is in any of the following categories and who has for himself or herself or for a dependant a maintenance right described in section 21 [categories of maintenance rights] must disclose and assign, in the form specified by the minister, that maintenance right to the minister:

(a) a spouse;

(b) a spouse who has one or more dependent children from a former relationship;

(c) a person who has never been a spouse and has one or more dependent children;

(d) a person under 19 years of age who is not residing with his or her parents;

(e) a spouse

(i) who has one or more children from a former relationship who no longer are dependent children, and

(ii) is owed arrears under a maintenance order or maintenance agreement in respect of one or more of those children;

(f) a person who

(i) has never been a spouse,

(ii) has one or more children who no longer are dependent children, and

(iii) is owed arrears under a maintenance order or maintenance agreement in respect of one or more of those children.

(2) The requirement to assign maintenance rights applies to each person in the family unit who

(a) is a person described in section 7 (2) [citizenship requirements], other than a dependent child referred to in paragraph (g) of that section, or

(b) is a person described in section 7.1 (2) (a) [exemption from citizenship requirements].

[am. B.C. Regs. 39/2009, s. 1; 198/2012, Sch. 1, s. 4.]

 Section 21 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

Categories of maintenance rights

21  The following categories of maintenance rights must be assigned to the minister:

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

(b) the right to enter into a maintenance agreement;

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

(d) the right to receive payment under

(i) a maintenance agreement or maintenance order, or

(ii) a maintenance order made under the Divorce Act (Canada) or otherwise;

(e) the right to enforce a maintenance agreement or maintenance order;

(f) the right to file a maintenance agreement with a court in British Columbia;

(g) the right to file an extra-provincial maintenance order with a court in British Columbia;

(h) the right to file or withdraw a maintenance order under the Family Maintenance Enforcement Act;

(i) the right to make payment arrangements with the debtor for the recovery of arrears.

 Section 23 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

How long an assignment is in effect

23  (1) An assignment under this Division ends when

(a) the assignor no longer receives income assistance or hardship assistance,

(b) all income assistance and hardship assistance provided to the assignor's family unit in place of maintenance has been recovered by the minister, and

(c) the assignor receives notice from the minister that the assignment has ended.

(2) Despite subsection (1), an assignment under this Division that would otherwise have ended under subsection (1) continues in force if the minister and assignor agree in writing to the continuation.

(3) An assignment under this Division that is continued under subsection (2) ends if the minister or the assignor delivers written notice by ordinary mail to the other of the termination.

(4) If an assignor no longer receives income assistance or hardship assistance and amounts owing to the government under this Division still remain unrecovered, then, despite section 21[categories of maintenance rights], only the following maintenance rights remain in effect under the assignment:

(a) the right to withdraw a maintenance order under the Family Maintenance Enforcement Act;

(b) the right to receive payment of maintenance arrears that are owed to the government under an assignment;

(c) the right to defend an application to reduce or cancel arrears of maintenance owed to the government;

(d) the right to make arrangements with the debtor for payment of arrears of maintenance owed to the government;

(e) the right to enforce the maintenance order with respect to arrears owed to the government.

 Section 24 (c) (iv) before amended by BC Reg 147/2010, effective July 1, 2010

(iv)  providing the court file number and style of cause of any maintenance orders in existence;

 Section 24 (c) (ii) BEFORE amended by BC Reg 363/2012, effective March 18, 2013.

(ii)  providing the names, ages and custody or residency arrangements of all children of the union,

 Section 24 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

Terms to be included in the assignment

24  An assignment under this Division must include all of the following terms:

(a) the assignment of the categories of maintenance rights set out in section 21 [categories of maintenance rights];

(b) authorization by the assignor that

(i) the minister may provide to the director of maintenance enforcement any information necessary for the filing, enforcement and monitoring of payments made under the assignor's maintenance order,

(ii) the director of maintenance enforcement may provide to the minister

(A) any information that affects eligibility for income assistance or hardship assistance, and

(B) information about the payment, monitoring or enforcement of the assignor's maintenance order,

(iii) the minister may obtain or search court documents required to exercise the rights assigned,

(iv) the minister may provide to the child support service any information necessary for the purpose of recalculating child support under a maintenance agreement or a maintenance order that is assigned to the minister, and

(v) the child support service may provide to the minister any information regarding the recalculation of child support under a maintenance agreement or maintenance order that is assigned to the minister;

(c) agreement by the assignor to cooperate with the minister and the director of maintenance enforcement as necessary to obtain, vary or enforce the assignor's maintenance agreement or maintenance order including

(i) providing any information and verifications relating to the debtor's name, address, employer and salary,

(ii) providing the names, ages and custody, guardianship or residency arrangements of all children of the union,

(iii) attending at all appointments, meetings and court proceedings relating to the assigned rights when requested to do so by the minister or the director of maintenance enforcement, and

(iv) providing the court file number and style of proceeding of any maintenance orders in existence;

(c.1) agreement by the assignor to cooperate with the minister and the child support service as necessary for the purpose of recalculating child support;

(d) acknowledgment by the assignor that

(i) he or she cannot take any of the actions or enter any agreements related to maintenance that are set out in the assignment as long as the assignment to the minister is in effect, unless authorized in writing by the minister, and that to do so without authorization will affect the assignor's eligibility for income assistance or hardship assistance,

(ii) if legal counsel for the government has brought or is defending a proceeding on the assignor's behalf, the legal counsel is solely counsel for the government and there is no solicitor-client relationship between that counsel and the assignor,

(iii) only the minister can forgive, reduce or otherwise vary arrears of maintenance owed to the government, and

(iv) no agreement to cancel or reduce arrears owed to the assignor under the assignor's maintenance agreement or maintenance order will be made by the government without the assignor's consent;

(e) the assignment will continue in effect after the assignor no longer receives income assistance or hardship assistance if there are still arrears of maintenance unrecovered by the government and, so long as there are arrears, the assignor acknowledges that only the government is entitled to

(i) withdraw a maintenance order under the Family Maintenance Enforcement Act,

(ii) receive payment of maintenance arrears that are owed to the government under an assignment,

(iii) defend an application to reduce or cancel arrears of maintenance owed to the government,

(iv) make arrangements with the debtor for payment of arrears of maintenance owed to the government, and

(v) enforce the maintenance order with respect to arrears owed to the government;

(f) the assignment ceases to have effect when

(i) income assistance and hardship assistance are no longer provided to the assignor's family unit and there are no arrears unrecovered by the government, and

(ii) a written notice of termination of the assignment is sent to the assignor at the last known address of the assignor shown on record with the ministry.

[am. B.C. Regs. 313/2006, s. 2; 147/2010; 363/2012, s. 3.]

 Section 25 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

Failure to comply with terms of assignment

25  (1) If an assignor who is receiving income assistance or hardship assistance fails to comply with the terms of an assignment as prescribed in section 24 (c) [terms to be included in the assignment], the assignor's family unit may be declared ineligible for income assistance or hardship assistance.

(2) This section does not apply if the minister is satisfied that the failure of the assignor to comply with the terms of the assignment is beyond the control of the assignor.

 Section 26 (2) (d) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(d) for income assistance under section 11 of Schedule A on the date of the applicant's submission of the application for a child in the home of a relative income assistance form.

 Section 26 (1) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(1)  Except as provided in subsection (2), (2.1) or (3.1), a family unit is not eligible for income assistance or supplements in respect of a period that occurred before the date the minister determines the family unit is eligible for the income assistance or supplements, as applicable.

 Section 26 (2.01) was added by BC Reg 264/2013, effective December 13, 2013.

 Section 26 (2.1) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(2.1)  If the tribunal rescinds a decision of the minister refusing a supplement, the family unit is eligible for the supplement from the date of the minister's decision on the applicant's request under section 17 (1) [reconsideration and appeal rights] of the Act in relation to the supplement.

 Section 26 (3.01) was added by BC Reg 264/2013, effective December 13, 2013.

 Section 26 (3.1) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(3.1)  If the tribunal rescinds a decision of the minister determining that a person does not qualify as a person who has persistent multiple barriers to employment, the person's family unit is eligible to receive income assistance at the rate specified under Schedule A for a family unit that matches that family unit on the first day of the month after the date of the minister's decision on the applicant's request under section 17 (1) [reconsideration and appeal rights] of the Act in relation to the determination.

 Section 27 (1.1) (a) and (2) (b) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(a) a child in the home of a relative,

(b) children in the homes of relatives;

 Section 27 (3) (g) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(g) each calendar month during which a sole recipient

(i)  has a dependent child,

(ii)  has in his or her care a child in the home of a relative, or

(iii)  has in his or her care a foster child,

and the child has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from working, on average, more than 30 hours each week.

 Section 27 BEFORE repealed by BC Reg 197/2012, effective October 1, 2012.

 Time limits for income assistance

27  (1)  The eligibility of a family unit for income assistance in any calendar month is subject to the following limitations:

(a) when income assistance has been provided to or for a family unit that includes only 1 person for a total of 24 of the previous 60 calendar months, the family unit is not eligible for income assistance;

(b) when income assistance has been provided to or for a family unit that includes 2 persons, neither of whom is a dependent child,

(i)  on account of each recipient for a total of 24 of the previous 60 calendar months, the family unit is not eligible for income assistance, and

(ii)  on account of one recipient for a total of 24 of the previous 60 calendar months and on account of the other recipient for less than 24 of the previous 60 calendar months, the income assistance provided to or for the family unit for a calendar month must be reduced by $300;

(c) when income assistance has been provided to or for a family unit that includes at least 2 persons, at least one of whom is a dependent child, on account of at least one recipient for a total of 24 of the previous 60 calendar months, the income assistance provided to or for the family unit for a calendar month must be reduced by $100 for each recipient in the family unit to or for whom income assistance has been provided for a total of 24 of the previous 60 calendar months.

(1.1)  Despite subsection (1) (a) and (b), subsection (1) (c) applies to a family unit described in subsection (1) (a) or (b) if a recipient in the family unit is providing care for a child who resides with the family unit and is

(a) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

(b) a foster child of the recipient, or

(c) the subject of an agreement referred to in section 8 or 93 (1) (g) (ii) of the Child, Family and Community Service Act to which a recipient in the family unit is a party.

(1.2)  For the purposes of calculating whether the limits under subsection (1) have been met, any period during which subsection (2) applies to the family unit must not be included either as a month for which income assistance has been provided or for the purpose of calculating the previous 60 calendar months.

(2)  Subsections (1) and (1.1) do not apply to the following categories of family units:

(a) family units in which all recipients

(i)  have reached 65 years of age,

(ii)  have persistent multiple barriers to employment, or

(iii)  are receiving accommodation and care in a special care facility or a private hospital, other than an alcohol or drug treatment centre, or who are admitted to a hospital because they require extended care;

(b) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

(c) family units that include at least one recipient in respect of whom income assistance has been provided to or for the family unit for 24 months, not including months excluded under subsection (3), of the previous 60 calendar months as long as

(i)  each recipient in the family unit who is subject to an employment plan complies with the employment plan, and

(ii)  the conditions for ineligibility or reduction under section 13 of the Act are not met in relation to a recipient in the family unit.

(2.1)  If a family unit is subject to a reduction or becomes ineligible under subsection (1), the portion of the reduction or ineligibility that is attributable to the circumstances of one of the recipients ends when that recipient reaches 65 years of age.

(3)  For the purpose of calculating whether income assistance has been provided to or for a recipient for a total of 24 out of the previous 60 calendar months, the following calendar months must not be included as a month for which income assistance has been provided, but must be included for the purpose of calculating the previous 60 months, in relation to a recipient:

(a) each calendar month during which the recipient qualifies as a recipient in a category described in section 29 (4) (b) to (g) and (i) to (k) [consequences of failing to meet employment-related obligations];

(a.1) each calendar month during which the recipient, regardless of the status of other recipients in the family unit, is a person described in section 29 (4) (h) (ii), (iii), (v) and (vi);

(b) each calendar month during which the recipient participates in the following portions of a training for jobs program approved by the minister:

(i)  acceptance into the program;

(ii)  training;

(iii)  job placement;

(c) each calendar month during which the income assistance provided to the family unit was reduced on account of the recipient under subsection (1) (b) (ii) or (c);

(d) each calendar month during which the recipient was pregnant;

(e) each calendar month during which the recipient was under 19 years of age;

(f) each calendar month during which the recipient has

(i)  a drug or alcohol problem,

(ii)  a mental health condition, or

(iii)  a temporary medical condition

that, in the minister's opinion, interferes with the recipient's ability to search for, accept or continue in employment.

(g) each calendar month during which a sole recipient

(i)  has a dependent child, or

(ii)  Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (g).]

(iii)  has in his or her care a foster child,

and the child has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from working, on average, more than 30 hours each week.

(4)  For the purposes of subsection (1), a person in the family unit who is not a person described in section 7 (2) [citizenship requirements] must not be included in the family unit.

[am. B.C. Regs. 116/2003, Sch. 1, s. 1; 374/2003; 160/2004, s. 1; 87/2005, s. (a); 48/2010, Sch. 1, s. 1 (b) and (g).]

 Section 29 (4) (c) and (i) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(c) sole applicants or sole recipients who have a child in the home of a relative who

(i)  has not reached 3 years of age, or

(ii)  has a physical or mental condition that, in the minister's opinion, precludes the sole applicant or recipient from leaving home for the purposes of employment;

(i) children in the home of a relative;

 Section 29 (4) (d) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(d) sole applicants or sole recipients who have a foster child who

(i) has not reached 3 years of age, or

(ii) has a physical or mental condition that, in the minister's opinion, precludes the sole applicant or recipient from leaving home for the purposes of employment;

 Section 33 (2) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(2)  The relative of a child in the home of a relative must complete and submit the report required under section 11 (1) (a) of the Act or the notification required under section 11 (1) (b) of the Act on the child's behalf.

 Section 33 (1) (b) (vi) was added by BC Reg 85/2012, effective May 1, 2012.

 Section 34 (5) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(5)  This section does not apply to a recipient of income assistance under section 6.

 Section 34 (1) (b) BEFORE amended by BC Reg 84/2012, effective May 1, 2012.

(b) require the recipient to complete a form prescribed by the minister for use under this section and deliver the form to a ministry office specified by the minister.

 Section 34.1 BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

 Eligibility audit for income assistance under section 6

34.1  (1)  The minister may

(a) audit at any time the eligibility of a child for income assistance under section 6, including conducting a criminal record check of the following people and a review of whether any of the following people has had any prior contact with a director, as defined in section 1 of the Child, Family and Community Service Act, or a delegate of the director

(i)  the relative of the child with whom the child is residing, and

(ii)  each person who is 18 years of age or older who is residing in the home referred to in subparagraph (i), and

(b) make a determination as to whether there is a level of risk to the child in the home that indicates the home where the child resides is not an appropriate place for the child.

(2)  For the purposes of auditing eligibility of a child for income assistance under subsection (1), the minister may require that

(a) the parent of the child and the relative with whom the child resides submit to the minister a form that contains the same information as is required in the application for income assistance for a child in the home of a relative form,

(b) the relative with whom the child resides provide a written authorization that permits information from

(i)  that relative, and

(ii)  each person who is 18 years of age or older who is residing in the home of the relative with whom the child is residing

to be used and disclosed in the manner set out in subsection (3), and

(c) the parent of the child and the relative with whom the child resides attend in person on the date, and at the ministry office, specified by the minister.

(3)  The written authorization referred to in subsection (2) (b) must permit the minister, in order to make a determination referred to in section 6 (2.1) (e), to use and disclose information about a person referred to in subsection (2) (b) (i) or (ii) in conducting a criminal record check of the person and in reviewing whether the person has had any prior contact with a director, as defined in section 1 of the Child, Family and Community Service Act, or a delegate of the director.

[en. B.C. Reg. 400/2007, s. 7.]

 Part 3, Division 4 BEFORE repealed by BC Reg 149/2015, effective August 1, 2015.

Division 4 — Effect on Eligibility of Convictions or Admissions

Criminal Code convictions

35  For the purposes of section 15 (5) (b) [consequences for conviction or judgment] of the Act, assistance provided for a calendar month to or for a family unit that includes one or more persons who have been convicted under the Criminal Code in relation to obtaining money under the Act or the Employment and Assistance for Persons with Disabilities Act by fraud or false or misleading representation must be reduced

(a) if the family unit includes a sole applicant, or sole recipient, who has been convicted as described, and one or more dependent children, by $100,

(b) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and no dependent children, by $300,

(c) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and one or more dependent children, by $100, and

(d) if the family unit includes two applicants or recipients both of whom have been convicted as described, and one or more dependent children, by $200.

Convictions under the Act or the Employment and Assistance for Persons with Disabilities Act

36  For the purposes of section 15 (5) (b) [consequences for conviction or judgment] of the Act, assistance provided for a calendar month to or for a family unit that includes one or more persons who have been convicted of an offence under the Act or the Employment and Assistance for Persons with Disabilities Act must be reduced for the applicable period,

(a) if the family unit includes a sole applicant, or a sole recipient, who has been convicted as described and one or more dependent children, by $100,

(b) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and no dependent children, by $300,

(c) if the family unit includes two applicants or recipients, only one of whom has been convicted as described, and one or more dependent children, by $100, and

(d) if the family unit includes two applicants or recipients both of whom have been convicted as described, and one or more dependent children, by $200.

Declaration under section 15 (3) of the Act respecting judgment

37  If the minister has made a declaration under section 15 (3) [consequences for conviction or judgment] of the Act in respect of a family unit, for the purposes of section 15 (5) of the Act, the family unit's assistance for a calendar month must be discontinued or reduced as follows for the period specified:

(a) if the family unit includes only one or more applicants, or recipients, who have had judgment given against them, and includes no dependent children, the family unit is not eligible for income assistance,

(i) after a first judgment, for 3 calendar months,

(ii) after a second judgment, for 6 calendar months, and

(iii) after a third or subsequent judgment, for 12 calendar months;

(b) if the family unit includes a sole applicant or sole recipient who has had a judgment given against him or her, and includes one or more dependent children, the assistance provided to or for the family unit must be reduced by $100

(i) after a first judgment, for 3 calendar months,

(ii) after a second judgment, for 6 calendar months, and

(iii) after a third or subsequent judgment, for 12 calendar months;

(c) if the family unit includes two applicants or recipients, only one of whom has had judgment given against him or her, and includes no dependent children, the assistance provided to or for the family unit must be reduced by $300

(i) after a first judgment, for 3 calendar months,

(ii) after a second judgment, for 6 calendar months, and

(iii) after a third or subsequent judgment, for 12 calendar months;

(d) if the family unit includes two applicants or recipients, only one of whom has had judgment given against him or her, and includes one or more dependent children, the assistance provided to or for the family unit must be reduced by $100

(i) after a first judgment, for 3 calendar months,

(ii) after a second judgment, for 6 calendar months, and

(iii) after a third or subsequent judgment, for 12 calendar months;

(e) if the family unit includes two applicants or recipients, both of whom have had judgment given against them, and includes one or more dependent children, the assistance provided to or for the family unit must be reduced by $200

(i) after a first judgment, for 3 calendar months,

(ii) after a second judgment, for 6 calendar months, and

(iii) after a third or subsequent judgment, for 12 calendar months.

[am. B.C. Reg. 193/2006, s. 2.]

Consequences for conviction, etc. under a former Act

38  (1) For the purposes of this section,

(a) "benefit month" means a month for which, but for this section or a declaration under this section, a family unit would otherwise be eligible for income assistance or a supplement, and

(b) the 3 benefit months referred to in subsections (2) and (3) need not be consecutive.

(2) The family unit of an applicant or recipient is not eligible for income assistance or supplements for 3 benefit months if the applicant or recipient

(a) was convicted of an offence under section 22 (1) of the BC Benefits (Income Assistance) Act, section 11 (1) of the Disability Benefits Program Act or section 13 (1) of the BC Benefits (Youth Works) Act, as those provisions read immediately before their repeal, or

(b) was convicted of an offence under the Criminal Code in relation to obtaining, by fraud or false or misleading representations, money under a former Act or the Disability Benefits Program Act.

(3) The minister may declare a family unit ineligible for income assistance or supplements for 3 benefit months if a court gives judgment in favour of the government in an action for debt against an applicant or a recipient in the family unit for money obtained under a former Act or the Disability Benefits Program Act to which he or she was not entitled, unless the money was paid in error.

(4) No family unit is, or may be declared, ineligible under this section on the basis of a conviction secured or a judgment given before March 13, 1997.

[am. B.C. Reg. 193/2006, s. 3.]

 Section 38.1 was added by BC Reg 73/2010, effective June 1, 2010.

 Section 39 (1) (a) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(a) must be ineligible for income assistance for one or more reasons set out in sections 41 to 47.1, and

 Section 39 (2) (c) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(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.

 Section 39 (4) was added by BC Reg 197/2012, effective October 1, 2012.

 Section 39 (2) (c) (i) BEFORE amended by BC Reg 149/2015, effective August 1, 2015.

(i) section 4 (2) of Schedule D for hardship assistance provided under sections 41 to 47.1, and

 Section 40 (c.1) was added by BC Reg 198/2012, effective October 1, 2012.

 Section 46 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

46  The minister may provide hardship assistance to a family unit that is not eligible for income assistance because the assets of the family unit exceed the applicable limit under section 11 (2) [asset limits] if

 Section 47 BEFORE repealed by BC Reg 149/2015, effective August 1, 2015.

Family units ineligible or declared ineligible under section 38 [consequences for conviction, etc. under a former Act]

47  The minister may provide hardship assistance to a family unit that is ineligible or declared ineligible under section 38 [consequences for conviction, etc. under a former Act] if

(a) the family unit includes one or more dependent children,

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

(c) the applicant provides the type of security specified by the minister for the repayment of the hardship assistance.

 Section 47.1 BEFORE repealed by BC Reg 149/2015, effective August 1, 2015.

Family units ineligible or declared ineligible in relation to convictions or judgments

47.1  (1) In the circumstances described in subsection (2), the minister may provide hardship assistance to a family unit that under section 15 (5) (a) [consequences for conviction or judgment in relation to Act] of the Act is not eligible for income assistance because it includes only

(a) persons convicted of an offence under the Criminal Code, this Act or the Employment and Assistance for Persons with Disabilities Act in relation to obtaining money under this Act or the Employment and Assistance for Persons with Disabilities Act by fraud or false or misleading representation,

(b) persons convicted of an offence under this Act or the Employment and Assistance for Persons with Disabilities Act, or

(c) persons in respect of whom

(i) a court has given judgment in favour of the government in an action for debt for obtaining income assistance, hardship assistance or a supplement under this Act or disability assistance, hardship assistance or a supplement under the Employment and Assistance for Persons with Disabilities Act, for which he or she was not eligible, and

(ii) the minister has made a declaration under section 15 (3) of the Act.

(2) The minister may provide hardship assistance to a family unit described in subsection (1) if the minister considers that otherwise

(a) the family unit will experience undue hardship, and

(b) the physical health of a person in the family unit will be in imminent danger.

[en. B.C. Reg. 102/2008, s. 2.]

 Section 47.2 was added by BC Reg 197/2012, effective October 1, 2012.

 Section 48.1 (2) BEFORE amended by BC Reg 73/2010, effective June 1, 2010.

(2)  The sole recipient is eligible to receive the pre-natal shelter supplement while she is pregnant, as confirmed in writing by a medical practitioner or a registrant of the College of Midwives of British Columbia.

 Section 49 (1) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(1)  The minister may provide an annual Christmas supplement to or for a family unit that is eligible for income assistance, other than income assistance under section 10 or 11 of Schedule A.

 Section 50 BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

 School start-up supplement

50  (1)  The minister may provide an annual school start-up supplement to or for a family unit that is eligible for income assistance if

(a) the family unit includes a dependent child who is attending school full time, or

(b) the family unit is a child in the home of a relative who is attending school full time.

(2)  The minister may specify

(a) the amount to be provided as a school start-up supplement, which may be different for different age groups of children, and

(b) the time when the supplement is to be provided.

 Section 50 BEFORE repealed by BC Reg 196/2012, effective July 3, 2012.

 School start-up supplement

50  (1)  The minister may provide an annual school start-up supplement to or for a family unit that is eligible for income assistance if the family unit includes a dependent child who is attending school full time.

(2)  The minister may specify

(a) the amount to be provided as a school start-up supplement, which may be different for different age groups of children, and

(b) the time when the supplement is to be provided.

[am. B.C. Reg. 48/2010, Sch. 1, s. 1 (i).]

 Section 52 BEFORE repealed by BC Reg 148/2011, effective August 9, 2011.

 Community volunteer supplement

52  (1)  The minister may provide to or for a family unit that is eligible for income assistance a supplement of up to $100 for each calendar month for each recipient or dependent child who

(a) has reached 15 years of age, and

(b) is a person referred to in section 29 (4) (b), (e), (f), (h) (iii) or (v) or (i)

for clothing, transportation or other expenses that are needed for that recipient or dependent child to participate in a community volunteer program.

(2)  Subsection (1) does not apply for a calendar month in which the minister provides the family unit with a supplement under section 56 (2) for the use or benefit of that recipient or dependent child.

[en. B.C. Reg. 47/2008, s. 1.]

 Section 60 (3) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(3)  No amount may be advanced under this section to a recipient in respect a family bonus for a child in the home of a relative.

 Section 60.1 was enacted by BC Reg 34/2017, effective July 1, 2017.

 Section 61 (5) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(5)  No amount may be advanced to a family unit in respect of a family bonus for a child in the home of a relative.

 Section 61 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Advance for delayed or suspended family bonus

61  (1)  The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance as an advance for delayed or suspended family bonus if

(a) payment of the BC basic family bonus to a person in the family unit is delayed, cancelled or suspended under the Income Tax Act (Canada) or the Income Tax Act (B.C.) for any reason other than that

(i)  the person refuses to apply for the family bonus,

(ii)  the person refuses to provide information necessary to determine eligibility for family bonus, or

(iii)  the person refuses to accept the family bonus, and

(b) the minister considers that the advance is immediately needed for basic needs of food, clothing or shelter.

(2)  Subject to subsection (3), the amount that may be advanced as a supplement under subsection (1) is not more than $123.50 for each dependent child in the family unit for whom a person in the family unit appears to be entitled to the BC basic family bonus.

(3)  The amount determined under subsection (2) is reduced by the amount of the national child benefit supplement received for the calendar month preceding the calendar month for which the advance is paid for each child referred to in that subsection.

(4)  Before advancing any amount to a recipient, the minister may require that the recipient agree in writing to repay the amount advanced minus

(a) any amount a recipient in the family unit is eligible for under section 2 (2) (b) of Schedule A or section 2 (2) (b) of Schedule D in respect of the delayed or suspended BC basic family bonus, and

(b) any amount deducted under section 10 of Schedule B or section 2 (3) or (7) of Schedule D in respect of the advance.

(5)  Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

[am. B.C. Regs. 286/2003, s. 1 (a); 48/2010, Sch. 1, s. 1 (b).]

 Section 61.1 was enacted by BC Reg 34/2017, effective July 1, 2017.

 Section 62 BEFORE re-enacted by BC Reg 223/2015, effective January 18, 2016.

Guide animal supplement

62  The minister may provide a supplement of $95 for each calendar month to or for a family unit that is eligible for income assistance or hardship assistance for the maintenance of a guide animal if the guide animal is

(a) certified under the Guide Animal Act, and

(b) used by a person in the family unit.

[am. B.C. Reg. 59/2007, s. 1.]

 Section 62.1 was enacted by BC Reg 196/2012, effective July 3, 2012.

 Section 62.1 BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

School start-up supplement

62.1  (1) The minister may provide an annual school start-up supplement to or for a family unit that is eligible for income assistance or hardship assistance if the family unit includes a dependent child who is attending school full time.

(2) The minister may specify

(a) the amount to be provided as a school start-up supplement, which may be different for children of different age groups, and

(b) the time when the supplement is to be provided.

[en. B.C. Reg. 196/2012, Sch. 1, s. 2.]

 Section 65 BEFORE amended by BC Reg 63/2010, effective April 1, 2010.

 Burial or cremation supplements

65  (1)  In this section, "funeral costs" mean the costs of

(a) transporting a deceased person's body within British Columbia for purposes of an activity described in paragraphs (b) to (d),

(b) preparing a deceased person's body for burial or cremation,

(c) using the facilities of a funeral provider, as defined in the Cremation, Interment and Funeral Services Act, or

(d) cremation or interment of a deceased person's body or remains, including the cost of a casket or urn.

(2)  If neither the estate nor the spouse, nor, in the case of a minor, a parent, of a deceased person has the resources available to pay any of the following costs when payable, the minister may provide a supplement for those costs in the circumstances specified:

(a) necessary funeral costs, if

(i)  the person died in British Columbia, and

(ii)  the burial or cremation is to take place or has taken place in British Columbia;

(b) necessary funeral costs and, with the prior approval of the minister, the necessary costs of preparing the deceased person's body for transport to British Columbia and of transporting the body to British Columbia, if

(i)  the person died in Canada but outside British Columbia,

(ii)  immediately before the death, the deceased person was a recipient of income assistance, disability assistance or hardship assistance, and

(iii)  the burial or cremation is to take place or has taken place in British Columbia;

(c) with the prior approval of the minister, the necessary costs of transporting the deceased person's body within the province or territory in which the death occurred and necessary funeral costs, if

(i)  the person died in Canada but outside British Columbia,

(ii)  immediately before the death, the deceased person was a recipient of income assistance, disability assistance or hardship assistance, and

(iii)  the burial or cremation is to take place in the province or territory in which the death occurred;

(d) necessary funeral costs, if

(i)  the person died outside British Columbia, or in the case of a recipient of income assistance, disability assistance or hardship assistance, died outside Canada,

(ii)  immediately before the death, the person was ordinarily resident in British Columbia, and

(iii)  the burial or cremation is to take place or has taken place in British Columbia.

(3)  For the purposes of subsection (2), funeral costs, costs of preparing a body for transport and transportation costs are necessary if the minister determines that

(a) the item or activity in relation to which a supplement is requested is a necessary item or activity,

(b) the item or activity is or was appropriate, and

(c) the cost for that item or activity is the lowest available.

(4)  The amount of a supplement paid under this section is a debt due to the government and may be recovered by it from the deceased's estate.

[en. B.C. Reg. 147/2007.]

 Section 65 (2) (b) BEFORE amended by BC Reg 79/2010 effective April 1, 2010.

(b) necessary funeral costs and, with the prior approval of the minister, the necessary costs of preparing the deceased person's body for transport to British Columbia and of transporting the body to British Columbia, if

(i)  the person died in Canada but outside British Columbia,

(ii)  immediately before the death, the deceased person was a recipient of income assistance, disability assistance or hardship assistance, and

(iii)  the burial or cremation is to take place or has taken place in British Columbia;

 Section 66 (2) BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

(2) In this section, "annual pass" means an annual pass to use a public passenger transportation system in a transit service area established under section 25 of the British Columbia Transit Act.

 Section 66.1 was added by BC Reg 114/2010, effective April 30, 2010.

 Section 66.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Eligibility for medical services only

66.1  For the purposes of this Division, a person may be eligible for medical services only if

(a) the person is part of a family unit that ceased to be eligible for income assistance as a result of

(i) an award of compensation under the Criminal Injury Compensation Act or an award of benefits under the Crime Victim Assistance Act made to the person or another member of the person's family unit, and the person was eligible for health supplements under section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C on the date the person's family unit ceased to be eligible for income assistance, or

(ii) a payment made to the person or another member of the person's family unit under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry, or

(b) the person, on the date of the person's 65th birthday, was

(i) a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 8 [people receiving special care] or 9 [people in emergency shelters and transition houses] of Schedule A, and

(ii) eligible for health supplements under section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C,

and the person's family unit ceased to be eligible for income assistance on that date.

[en. B.C. Reg. 114/2010, Sch.1, s. 1.]

 Section 66.2 was enacted by BC Reg 145/2015, effective September 1, 2015.

 Section 66.3 was enacted by BC Reg 145/2015, effective September 1, 2015.

 Section 66.4 was enacted by BC Reg 145/2015, effective September 1, 2015.

 Section 67 (1) (d) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(d) is a child in the home of a relative, if equivalent payment for the services is not available through the child's parents,

 Section 67 (1), (1) (c), (1) (h), and (4) BEFORE amended by BC Reg 67/2010 effective April 1, 2010.

(1)  The minister may provide any health supplement set out in section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C to or for a family unit if the health supplement is provided to or for a person in the family unit who

(c) is a dependant of a person referred to in

(i)  paragraph (b),

(ii)  paragraph (f), if the dependant was a dependant of the person on the day the person reached 65 years of age and remains a dependant of that person, or

(iii)  paragraph (g) or (h), if the dependant was a dependant of the person on the day the person's family unit ceased to be eligible for income assistance as a result of

(A)  a payment made to the person or another member of the person's family unit under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry, or

(B)  an award of compensation under the Criminal Injury Compensation Act or an award of benefits under the Crime Victim Assistance Act made to the person or another member of the person's family unit,

and remains a dependant of that person,

(h) meets the following requirements:

(i)  is part of a family unit that ceased to be eligible for income assistance as a result of an award of compensation under the Criminal Injury Compensation Act or an award of benefits under the Crime Victim Assistance Act made to the person or another member of the person's family unit;

(ii)  was eligible for health supplements under section 2 or 3 of Schedule C on the day the person's family unit ceased to be eligible for income assistance.

(4)  A person referred to in subsection (1) (c) (ii) or (iii), (f), (g) or (h) ceases to be eligible for any supplement under this Division if the person's family unit takes up residence outside British Columbia.

 Section 67 (1.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 67 (1) (c) (iv), (1) (h), (1.1) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(iv)  paragraph (h), if

(A)  the dependant was a dependant of the person on the day the person's family unit ceased to be eligible for income assistance as a result of an award of compensation under the Criminal Injury Compensation Act or an award of benefits under the Crime Victim Assistance Act made to the person or another member of the person's family unit, and

(B)  the family unit is receiving premium assistance under the Medicare Protection Act,

(h) meets the following requirements:

(1.1)  A person eligible to receive a health supplement under subsection (1) (c) (ii) or (f) may receive the supplement for a maximum of one year from the date on which the person referred to in subsection (1) (f) ceased to be eligible for income assistance.

 Section 67 (1.2) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 67 (1) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(1) Subject to subsection (1.1), the minister may provide any health supplement set out in section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C to or for a family unit if the health supplement is provided to or for a person in the family unit who

(a) is a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board] or 9 [people in emergency shelters and transition houses] of Schedule A if

(i) any person in the family unit is a person who has persistent multiple barriers to employment, and

(ii) the recipient does not receive a federal spouse's allowance or guaranteed income supplement benefits.

(iii) Repealed. [B.C. Reg. 57/2007, s. 1.]

(b) is a recipient of income assistance under section 8 [people receiving special care] of Schedule A,

(c) is a dependant of a person referred to in

(i) paragraph (b),

(ii) paragraph (f), if the dependant was a dependant of the person on the day the person reached 65 years of age and remains a dependant of that person,

(iii) paragraph (g), if the dependant was a dependant of the person on the day the person's family unit ceased to be eligible for income assistance as a result of a payment made to the person or another member of the person's family unit under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry, or

(iv) paragraph (h), if the dependant was a dependant of the person on the day the person's family unit ceased to be eligible for income assistance as a result of an award of compensation under the Criminal Injury Compensation Act or an award of benefits under the Crime Victim Assistance Act made to the person or another member of the person's family unit, and

(A) if the dependant is under age 65, the family unit is receiving premium assistance under the Medicare Protection Act, or

(B) if the dependant is aged 65 or more, any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement,

(d) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

(e) is a dependent child of a recipient of income assistance or hardship assistance,

(f) was on the day the person reached 65 years of age

(i) a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 8 [people receiving special care] or 9 [people in emergency shelters and transition houses] of Schedule A, and

(ii) eligible for health supplements under section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C,

(g) meets the following requirements:

(i) has not reached 65 years of age;

(ii) is a part of a family unit that ceased to be eligible for income assistance as a result of a payment made to the person or another member of the person's family unit under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry;

(iii) was eligible for health supplements under section 2 or 3 of Schedule C on the day the person's family unit ceased to be eligible for income assistance, or

(h) meets all of the following requirements:

(i) is part of a family unit that ceased to be eligible for income assistance as a result of an award of compensation under the Criminal Injury Compensation Act or an award of benefits under the Crime Victim Assistance Act made to the person or another member of the person's family unit;

(ii) was eligible for health supplements under section 2 or 3 of Schedule C on the day the person's family unit ceased to be eligible for income assistance;

(iii) either

(A) if the person is under age 65, the family unit is receiving premium assistance under the Medicare Protection Act, or

(B) if the person is aged 65 or more, any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement.

 Section 67 (1.1), (1.2) and (4) BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

(1.1) A person eligible to receive a health supplement under subsection (1) (c) (ii) or (f) may receive the supplement

(a) while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement, and

(b) for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(1.2) A person who was eligible to receive a health supplement under subsection (1) (c) (iv) or (h) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(2) Subject to subsection (3), the minister may provide any health supplement set out in section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C to or for a family unit if the health supplement is provided to or for a recipient in the family unit who

(a) has received income assistance under the BC Benefits (Income Assistance) Act or the Act continuously from March 31, 1997 and on March 30, 1997 was eligible under section 37 (1) (a) of the BC Benefits (Income Assistance) Regulations, B.C. Reg. 272/96, as it read on March 30, 1997, for the health care services and benefits referred to in that provision, or

(b) is a dependant of a recipient referred to in paragraph (a).

(4) A person referred to in subsection (1) (c) (ii), (iii) or (iv), (f), (g) or (h) ceases to be eligible for any supplement under this Division if the person's family unit takes up residence outside British Columbia.

 Section 67 (1) (a) and (b) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(a) a family unit in receipt of income assistance, if

(i) the family unit includes a qualifying person, or

(ii) the health supplement is provided to or for a person in the family unit who is a dependent child,

(b) a family unit in receipt of hardship assistance, if the health supplement is provided to or for a person in the family unit who is a dependent child, or

 Section 67.1 (1) (d) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(d) a child in the home of a relative, if equivalent payment for the services is not available through the child's parents,

 Section 67.1 (1) and (1) (g) BEFORE amended by BC Reg 67/2010 effective April 1, 2010.

(1)  The minister may provide any health supplement set out in section 2.1 [optical supplements] of Schedule C to or for a family unit if the supplement is provided to or for a person in the family unit who is

(g) a person referred to in section 67 (1) (h).

 Section 67.1 (1.1) was added by BC Reg 67/2010 effective April 1, 2010.

 Section 67.1 (2) BEFORE repealed by BC Reg 67/2010 effective April 1, 2010.

(2)  A person referred to in subsection (1) (e) or (f) ceases to be eligible for any health supplement under this section if the person's family unit takes up residence outside British Columbia.

 Section 67.1 (1) (g) and (1.1) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(g) a person referred to in section 67 (1) (c) (iv) or (h), if the family unit is receiving premium assistance under the Medicare Protection Act.

(1.1)  A person eligible to receive a health supplement under subsection (1) (e) or (f) may receive the supplement for a maximum of one year from the date on which the person referred to in subsection (1) (e) ceased to be eligible for income assistance.

 Section 67.1 (1.2) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 67.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Optical supplements

67.1  (1) Subject to subsection (1.1), the minister may provide any health supplement set out in section 2.1 [optical supplements] of Schedule C to or for a family unit if the supplement is provided to or for a person in the family unit who is

(a) a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 8 [people receiving special care] or 9 [people in emergency shelters and transition houses] of Schedule A,

(b) a recipient of hardship assistance, other than under section 42 [applicants who do not meet citizenship requirements],

(c) a dependent child of a recipient referred to in paragraph (a) or (b),

(d) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

(e) a person who was a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 8 [people receiving special care] or 9 [people in emergency shelters and transition houses] of Schedule A on the day he or she reached 65 years of age and was eligible for supplements under section 2 [general health supplements] or 3 [medical equipment and devices] of Schedule C on that day,

(f) a dependant of a person referred to in paragraph (e), if the dependant was a dependant of the person on the day the person reached 65 years of age and remains a dependant of that person, or

(g) a person referred to in section 67 (1) (c) (iv) or (h), if

(i) the person is under age 65 and the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) the person is aged 65 or more and any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement.

(1.1) A person eligible to receive a health supplement under subsection (1) (e) or (f) may receive the supplement

(a) while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement, and

(b) for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(1.2) A person who was eligible to receive a health supplement under subsection (1) (g) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(2) Repealed. [B.C. Reg. 67/2010, Sch. 1, s. 2 (d).]

[en. B.C. Reg. 236/2003, Sch. 1, s. 1; am. B.C. Regs. 170/2008, App. 1, s. 2; 48/2010, Sch. 1, s. 1 (b); 67/2010, Sch. 1, s. 2; 114/2010, Sch. 1, s. 3.]

 Section 67.2 (1) (c) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(c) a person referred to in section 67 (1) (h).

 Section 67.2 (1) (c) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(c) a person referred to in section 67 (1) (c) (iv) or (h), if the family unit is receiving premium assistance under the Medicare Protection Act.

 Section 67.2 (4) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 67.2 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Eye examination supplements

67.2  (1) Subject to the limits set in this section, the minister may provide a health supplement under section 2.2 [eye examination supplements] of Schedule C to or for a family unit if the supplement is provided to or for a person in the family unit who is

(a) a recipient of income assistance,

(b) a recipient of hardship assistance, other than under section 42 [applicants who do not meet citizenship requirements], or

(c) a person referred to in section 67 (1) (c) (iv) or (h), if

(i) the person is under age 65 and the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) the person is aged 65 or more and any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement.

(2) A person referred to in subsection (1) is not eligible for more than one health supplement under section 2.2 of Schedule C in any 24 calendar month period.

(3) A health supplement under section 2.2 of Schedule C may be provided only if payment for the service is not available under the Medicare Protection Act.

(4) A person who was eligible to receive a health supplement under subsection (1) (c) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

[en. B.C. Reg. 236/2003, Sch. 1, s. 1; am. B.C. Regs. 170/2008, App. 1, s. 3; 67/2010, Sch. 1, s. 3; 114/2010, Sch. 1, s. 4.]

 Section 68 (a) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(a) referred to in section 67 (1) (a), (d), (f) or (h) [general health supplements],

 Section 68 BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

 Dental supplements

68  The minister may provide any health supplement set out in section 4 [dental supplements] of Schedule C that is provided to or for a family unit if the health supplement is provided to or for a person in the family unit who is

(a) referred to in section 67 (1) (a), (d), (f) or (h) [general health supplements],

(b) a dependent child of a recipient of income assistance,

(c) a person referred to in section 67 (1) (b) if the person, or an adult dependent of the person, is a person who has persistent multiple barriers to employment,

(d) an adult dependent of a person referred to in section 67 (1) (b) if the adult dependent or the person referred to in that provision is a person who has persistent multiple barriers to employment, or

(e) an adult dependent of a person referred to in section 67 (1) (f).

[am. B.C. Regs. 57/2007, s. 2; 170/2008, App. 1, s. 4.]

 Section 68 (2) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 68 (1) (a.2), (2) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(a.2) a person referred to in section 67 (1) (c) (iv) or (h), if the family unit is receiving premium assistance under the Medicare Protection Act,

(2)  A person eligible to receive a health supplement under subsection (1) (a.1) or (e) may receive the supplement for a maximum of one year from the date on which the person referred to in subsection (1) (a.1) ceased to be eligible for income assistance.

 Section 68 (3) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 68 (1) (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(b) a dependent child of a recipient of income assistance,

 Section 68 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Dental supplements

68  (1) Subject to subsection (2), the minister may provide any health supplement set out in section 4 [dental supplements] of Schedule C that is provided to or for a family unit if the health supplement is provided to or for a person in the family unit who is

(a) a person referred to in section 67 (1) (a) [general health supplements],

(a.1) a person referred to in section 67 (1) (f),

(a.2) a person referred to in section 67 (1) (c) (iv) or (h), if

(i) the person is under age 65 and the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) the person is aged 65 or more and any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement,

(b) a dependent child of a recipient of income assistance or hardship assistance,

(c) a person referred to in section 67 (1) (b) if the person, or an adult dependant of the person, is a person who has persistent multiple barriers to employment,

(d) an adult dependant of a person referred to in section 67 (1) (b) if the adult dependant or the person referred to in that provision is a person who has persistent multiple barriers to employment, or

(e) an adult dependant of a person referred to in section 67 (1) (f).

(2) A person eligible to receive a health supplement under subsection (1) (a.1) or (e) may receive the supplement

(a) while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement, and

(b) for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(3) A person who was eligible to receive a health supplement under subsection (1) (a.2) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

[am. B.C. Regs. 57/2007, s. 2; 170/2008, App. 1, s. 4; 67/2010, Sch. 1, s. 4; 79/2010, s. 3; 114/2010, Sch. s. 5; 197/2012, Sch. 1, s. 18.]

 Section 68 BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

Dental supplements

68  The minister may provide any health supplement set out in section 4 [dental supplements] of Schedule C to or for

(a) a family unit in receipt of income assistance, if

(i) the family unit includes a person with persistent multiple barriers to employment, or

(ii) the health supplement is provided to or for a person in the family unit who is a dependent child,

(b) a family unit in receipt of hardship assistance, if the health supplement is provided to or for a person in the family unit who is a dependent child, or

(c) a family unit, if the health supplement is provided to or for a person in the family unit who

(i) is a continued person, and

(ii) meets any of the following criteria:

(A) the person is a dependent child;

(B) the person was, on the person's continuation date, a person with persistent multiple barriers to employment or part of a family unit that then included a person with persistent multiple barriers to employment.

[en. B.C. Reg. 145/2015, Sch. 1, s. 9.]

 Section 68.1 (b) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(b) the recipient is a person referred to in section 67 (1) (h).

 Section 68.1 (1) (b) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(b) the recipient is a person referred to in section 67 (1) (h), if the family unit is receiving premium assistance under the Medicare Protection Act.

 Section 68.1 (2) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 68.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Crown and bridgework supplement

68.1  (1) The minister may provide a crown and bridgework supplement under section 4.1 of Schedule C to a recipient of income assistance under section 2, 4, 6, 8 or 9 of Schedule A if either

(a) the recipient

(i) is a person who has persistent multiple barriers to employment, and

(ii) does not receive a federal spouse's allowance or guaranteed income supplement benefits, or

(b) the recipient is a person referred to in section 67 (1) (h), and

(i) if the recipient is under age 65, the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) if the recipient is aged 65 or more, any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement.

(2) A person who was eligible to receive a health supplement under subsection (1) (b) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

[en. B.C. Reg. 170/2008, App. 1, s. 5; am. B.C. Regs. 67/2010, Sch. 1, s. 5; 114/2010, Sch. 1, s. 6.]

 Section 69 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Denture supplements

69  The minister may provide any health supplement set out in section 5 [denture supplements] of Schedule C to or for a family unit if the health supplement is provided to

(a) a recipient of income assistance, or

(b) an adult dependant of a recipient of income assistance

who is not eligible for a supplement under section 68 [dental supplements] if the recipient or dependant has had tooth extractions performed in the last 6 months because of pain and those extractions resulted in the recipient or dependant requiring a full upper denture, a full lower denture or both.

 Section 70 BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

 Emergency dental and denture supplements

70  The minister may provide any health supplements set out in section 6 of Schedule C to or for a family unit if the health supplement is provided to or for a person in the family unit who is

(a) a recipient of income assistance under Schedule A,

(b) a recipient of hardship assistance under Schedule D,

(c) a person referred to in section 67 (1) (f) or (h) [general health supplements],

(d) a person referred to in section 72 [dental and optical supplements — healthy kids program], or

(e) a dependant of a person referred to in paragraphs (a) to (c).

[am. B.C. Reg. 170/2008, App. 1, s. 6.]

 Section 70 (1) (c.1) and (2) were added by BC Reg 67/2010, effective April 1, 2010.

 Section 70 (1) (c.1), (g) and (2) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(c.1) a person referred to in section 67 (1) (h), if the family unit is receiving premium assistance under the Medicare Protection Act,

(g) a dependant of a person referred to in paragraph (c.1), if the family unit is receiving premium assistance under the Medicare Protection Act.

(2)  A person eligible to receive a health supplement under subsection (1) (c) or (f) may receive the supplement for a maximum of one year from the date on which the person referred to in subsection (1) (c) ceased to be eligible for income assistance.

 Section 70 (3) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 70 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Emergency dental and denture supplements

70  (1) Subject to subsection (2), the minister may provide any health supplements set out in section 6 of Schedule C to or for a family unit if the health supplement is provided to or for a person in the family unit who is

(a) a recipient of income assistance under Schedule A,

(b) a recipient of hardship assistance under Schedule D,

(c) a person referred to in section 67 (1) (f) [general health supplements],

(c.1) a person referred to in section 67 (1) (h), if

(i) the person is under age 65 and the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) the person is aged 65 or more and any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement,

(d) a person referred to in section 72 [dental and optical supplements — healthy kids program],

(e) a dependant of a person referred to in paragraph (a) or (b),

(f) a dependant of a person referred to in paragraph (c), or

(g) a dependant of a person referred to in paragraph (c.1), if the dependant is a dependant of the person referred to in paragraph (c.1) on the day the person's family unit ceased to be eligible for income assistance, and any person in the family unit

(i) is under age 65 and the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) is aged 65 or more and a person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement.

(2) A person eligible to receive a health supplement under subsection (1) (c) or (f) may receive the supplement

(a) while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement, and

(b) for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(3) A person who was eligible to receive a health supplement under subsection (1) (c.1) or (g) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

[am. B.C. Regs. 170/2008, App. 1, s. 6; 67/2010, Sch. 1, s. 6; 114/2010, Sch. 1, s. 7.]

 Section 71 (1) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(1)  The minister may provide orthodontic supplements to or for a family unit if the orthodontic supplements are provided to or for a person in the family unit who meets the conditions under subsection (2) and who is

(a) a dependent child of a recipient of income assistance, or

(b) a child in the home of a relative.

 Section 71 (1) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(1) The minister may provide orthodontic supplements to or for a family unit if the orthodontic supplements are provided to or for a person in the family unit who meets the conditions under subsection (2) and who is a dependent child of a recipient of income assistance.

 Section 71 (2) (part) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(2) For a child referred to in subsection (1) to be eligible for orthodontic supplements, the child's family unit must have no resources available to cover the cost of the orthodontic supplements and the child must

 Section 72 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Dental and optical supplements — healthy kids program

72  The minister may provide a health supplement in accordance with section 7 of Schedule C to a dependent child of a person who, when the service was provided, was receiving premium assistance under the Medicare Protection Act and who does not qualify for a supplement under section 67 (1) [general health supplements].

 Section 72 BEFORE re-enacted by BC Reg 161/2017, effective September 1, 2017.

Dental and optical supplements — healthy kids program

72  The minister may provide a health supplement in accordance with section 7 [dental and optical services — healthy kids program] of Schedule C to or for a family unit if

(a) the supplement is provided to or for a dependent child in the family unit who is not eligible to receive the supplement under another provision of this Division, and

(b) a person in the family unit is receiving premium assistance under the Medicare Protection Act.

[en. B.C. Reg. 145/2015, Sch. 1, s. 10.]

 Section 72.1 was enacted by BC Reg 161/2017, effective September 1, 2017.

 Section 73 (1) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(1)  The minister may pay for a diet supplement in accordance with section 8 of Schedule C for a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board] 9 [people in emergency shelters and transition houses] or 11 [child in the home of a relative] of Schedule A or a dependant if the recipient or dependant requires a special diet for a specific medical condition described in section 8 of Schedule C.

 Section 73 (1) BEFORE amended by BC Reg 64/2010, effective April 1, 2010.

(1)  The minister may pay for a diet supplement in accordance with section 8 of Schedule C for a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board] or 9 [people in emergency shelters and transition houses] of Schedule A or a dependant if the recipient or dependant requires

(a) a special diet for a specific medical condition described in section 8 of Schedule C, or

(b) a special diet described in section 8 of Schedule C.

 Section 73 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Diet supplement

73  (1) The minister may pay for a diet supplement in accordance with section 8 of Schedule C for a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board] or 9 [people in emergency shelters and transition houses] of Schedule A or a dependant if the recipient or dependant requires

(a) a special diet for a specific medical condition described in section 8 of Schedule C, or

(b) a special diet described in section 8 of Schedule C.

(2) A person is not eligible for a supplement under subsection (1) unless the need for the special diet is confirmed in writing by

(a) a medical practitioner,

(a.1) a nurse practitioner, or

(b) a registrant of the College of Dietitians of British Columbia established under the Health Professions Act.

[am. B.C. Regs. 202/2006, Sch. s. 1; 317/2008, s. 2; 48/2010, Sch. 1, s. (l); 64/2010, s. 1.]

 Section 74 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Nutritional supplement

74  The minister may provide a nutritional supplement for a period of 3 calendar months for a recipient of income assistance or a dependent child of a recipient of income assistance if

(a) the recipient or dependent child is not receiving a supplement under section 2 (3) of Schedule C, and

(b) a medical practitioner or nurse practitioner confirms in writing that the recipient or dependent child has an acute short term need for caloric supplementation to a regular dietary intake to prevent critical weight loss while recovering from

(i) surgery,

(ii) a severe injury,

(iii) a serious disease, or

(iv) side effects of medical treatment.

[am. B.C. Reg. 317/2008, s. 3.]

 Section 74.01 (2) (c) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(c) who is a child in the home of a relative,

 Section 74.01 (2) (d) and (e) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(d) who has ceased to be eligible for income assistance, but is eligible to receive a health supplement under

(i)  section 67 (1) (f) and was receiving a tube feed nutritional supplement on the date the person ceased to be eligible for income assistance, or

(ii)  section 67 (1) (g) or (h) and was receiving a tube feed nutritional supplement on the date the family unit ceased to be eligible for income assistance,

(e) who has ceased to be eligible for income assistance, but is eligible to receive a health supplement under section 67 (1) (c) (ii) and was receiving a tube feed supplement on the date the person ceased to be eligible for income assistance, or

 Section 74.01 (2) (e.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 74.01 (2) and (3) (b) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(2) Subject to subsection (3), the minister may provide a tube feed nutritional supplement if the supplement is provided to or for a person in the family unit

(a) who is a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 7 [people over 65 years of age], or 9 [people in emergency shelters and transition houses] of Schedule A,

(b) who is a dependent child of a recipient referred to in paragraph (a),

(c) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (b).]

(d) who has ceased to be eligible for income assistance, but

(i) on the date the family unit ceased to be eligible for income assistance, was eligible to receive a health supplement under section 67 (1) (c) (ii) or (f) and was receiving a tube feed nutritional supplement, and

(ii) whose family unit is receiving premium assistance under the Medicare Protection Act,

(e) who has ceased to be eligible for income assistance, but

(i) is eligible to receive a health supplement under section 67 (1) (c) (iii) or (g), and

(ii) on the date the family unit ceased to be eligible for income assistance, was receiving a tube feed nutritional supplement,

(e.1) who has ceased to be eligible for income assistance, but

(i) is eligible to receive a health supplement under section 67 (1) (c) (iv) or (h),

(ii) on the date the family unit ceased to be eligible for income assistance, was receiving a tube feed nutritional supplement, and

(iii) whose family unit is receiving premium assistance under the Medicare Protection Act, or

(f) another member of which is receiving assistance under section 8 (2) of Schedule A.

(b) the person is not receiving a supplement under section 73 [diet supplement] or 74 [nutritional supplement], or a diet, nutritional or tube feed nutritional supplement under section 2 (3) of Schedule C, and

 Section 74.1 (d) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(d) a child who is a recipient of income assistance under section 6 (2) of this regulation.

 Section 74.1 BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

 Infant health supplement

74.1  The minister may provide the type of health supplement referred to in section 10 of Schedule C, in accordance with that section, to or for

(a) a dependent child of a recipient of income assistance under section 4 of the Act,

(b) a dependent child of a recipient of hardship assistance under section 5 of the Act,

(c) a dependent child of a person referred to in section 67 (1) (f), (g) or (h) of this regulation, or

(d) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (m).]

[en. B.C. Reg. 155/2005, s. 1; am. B.C. Regs. 170/2008, App. 1, s. 7; 48/2010, Sch. 1, s. 1 (m);
67/2010, Sch. 1, s. 8.]

 Section 74.1 (1) (c.1), (c.2) and (2) were added by BC Reg 67/2010, effective April 1, 2010.

 Section 74.1 (1) (c.2) and (2) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(c.2) a dependent child of a person referred to in section 67 (1) (h) of this regulation, if the family unit is receiving premium assistance under the Medicare Protection Act.

(2)  A person eligible to receive a health supplement under subsection (1) (c) may receive the supplement for a maximum of one year from the date on which the person referred to in section 67 (1) (f) ceased to be eligible for income assistance.

 Section 74.1 (3) was added by BC Reg 114/2010, effective April 30, 2010.

 Section 74.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Infant health supplement

74.1  (1) Subject to subsection (2), the minister may provide the type of health supplement referred to in section 10 of Schedule C, in accordance with that section, to or for

(a) a dependent child of a recipient of income assistance under section 4 of the Act,

(b) a dependent child of a recipient of hardship assistance under section 5 of the Act,

(c) a dependent child of a person referred to in section 67 (1) (f) of this regulation,

(c.1) a dependent child of a person referred to in section 67 (1) (g) of this regulation, or

(c.2) a dependent child of a person referred to in section 67 (1) (h) of this regulation, if

(i) the person referred to in section 67 (1) (h), or his or her spouse, is under age 65 and the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii) the person referred to in section 67 (1) (h), or his or her spouse, is aged 65 or more and any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement.

(d) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (m).]

(2) A person eligible to receive a health supplement under subsection (1) (c) may receive the supplement

(a) while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement, and

(b) for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(3) A person who was eligible to receive a health supplement under subsection (1) (c.2) but ceases to be eligible for medical services only may continue to receive the supplement for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

[en. B.C. Reg. 155/2005, s. 1; am. B.C. Regs. 170/2008, App. 1, s. 7; 48/2010, Sch. 1, s. 1 (m); 67/2010, Sch. 1, s. 8; 114/2010, Sch. 1, s. 8.]

 Section 75 (1) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(1)  The minister may provide a natal supplement in accordance with section 9 of Schedule C if the supplement is provided to or for a person in the family unit who is a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 9 [people in emergency shelters and transition houses] or 11 [child in the home of a relative] of Schedule A or a dependent child of the recipient.

 Section 75 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Natal supplement

75  (1) The minister may provide a natal supplement in accordance with section 9 of Schedule C if the supplement is provided to or for a person in the family unit who is a recipient of income assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board] or 9 [people in emergency shelters and transition houses] of Schedule A or a dependent child of the recipient.

(2) A family unit is eligible to receive the natal supplement while

(a) the recipient or dependent child is pregnant, as confirmed in writing by a medical practitioner, a nurse practitioner or a registrant of the College of Midwives of British Columbia, or

(b) the recipient or dependent child has a dependent child under 7 months of age.

[am. B.C. Regs. 317/2008, s. 4; 48/2010, Sch. 1, s. 1 (n).]

 Section 76 BEFORE re-enacted by BC Reg 61/2010, effective April 1, 2010.

 Health supplement for persons facing life threatening health need

76  The minister may provide any health supplement set out in Schedule C to a family unit, other than a family unit that includes a person with disabilities, if the health supplement is provided to or for a person in the family unit who is otherwise not eligible for the health supplement under this regulation, and if

(a) the person faces a life-threatening health need and there are no resources available to the person's family unit with which to meet that need, and

(b) the minister determines that the health supplement is necessary to meet that need.

 Section 76 (d) (ii) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(ii)  sections 3 to 3.11, other than paragraph (a) of section 3 (1).

 Section 76 (c) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(c) the person's family unit is receiving premium assistance under the Medicare Protection Act, and

 Section 77.01 was enacted and added to Division 5 of Part 5 by BC Reg 67/2010, effective April 1, 2010.

 Section 77.01 (1) and (2) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(1)  A person who, on March 31, 2010,

(a) is eligible to receive a supplement referred to in any of sections 67 (1), 67.1 (1), 68 (1), 70 (1) or 74.1 (1), and

(b) is not eligible for income assistance because the person is 65 years of age or over,

may, despite sections 67(1.1), 67.1 (1.1), 68 (2), 70 (2) or 74.1 (2), receive a supplement referred to in any of those sections until April 1, 2011.

(2)  A person who

(a) is a dependent of a person described in subsection (1) on the day that person ceased to be eligible for assistance, and

(b) on March 31, 2010, is eligible to receive a supplement referred to in any of sections 67 (1), 67.1 (1), 68 (1), 70 (1) or 74.1 (1),

may, despite sections 67(1.1), 67.1 (1.1), 68 (2), 70 (2) or 74.1 (2), receive a supplement referred to in any of those sections until April 1, 2011.

 Section 77.01 BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

Transition — continued eligibility

77.01  (1) A person who, on March 31, 2010,

(a) is eligible to receive a supplement referred to in any of sections 67 (1), 67.1 (1), 68 (1), 70 (1) or 74.1 (1), and

(b) is not eligible for income assistance because the person is 65 years of age or over

may, despite sections 67 (1.1), 67.1 (1.1), 68 (2), 70 (2) or 74.1 (2), receive a supplement referred to in any of those sections while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement and for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(2) A person who

(a) is a dependant of a person described in subsection (1) on the day that person ceased to be eligible for assistance, and

(b) on March 31, 2010, is eligible to receive a supplement referred to in any of sections 67 (1), 67.1 (1), 68 (1), 70 (1) or 74.1 (1)

may, despite sections 67 (1.1), 67.1 (1.1), 68 (2), 70 (2) or 74.1 (2), receive a supplement referred to in any of those sections while any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement and for a maximum of one year from the date on which the family unit ceased to be eligible for medical services only.

(3) A person described in section 74.01 (2) (d) or (e.1) may, despite section 74.01 (2) (d) (ii) or (e.1) (iii), receive a tube feed nutritional supplement until April 1, 2011, regardless of whether the person's family unit is receiving premium assistance under the Medicare Protection Act.

[en. B.C. Reg. 67/2010, Sch. 1, s. 9; am. B.C. Reg. 114/2010, Sch. 1, s. 9.]

 Section 77.02 was enacted by BC Reg 118/2017, effective April 1, 2017.

 Section 77.02 (a) and (b) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(a) a family unit in receipt of income assistance, if

(i) the family unit includes a qualifying person, or

(ii) the health supplement is provided to or for a person in the family unit who is a dependent child,

(b) a family unit in receipt of hardship assistance, if the health supplement is provided to or for a person in the family unit who is a dependent child, or

 Section 77.03 was enacted by BC Reg 161/2017, effective September 1, 2017.

 Division 7, sections 77.4-77.5 were added by BC Reg 73/2010, effective June 1, 2010.

 Section 81 (3) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(3)  A decision to refuse to provide income assistance on the basis of a determination referred to in section 6 (2.1) (d) or (e) is not applicable to the tribunal.

 Section 81 (1) (f) and (g) were added by BC Reg 73/2010, effective June 1, 2010

 Section 83 (1) (a) BEFORE amended by BC Reg 147/2015, effective July 28, 2015.

(a) $175 for acting as a panel chair, and

 Section 83 (1) (a) and (b) BEFORE amended by BC Reg 166/2017, effective September 5, 2017.

(a) $175 for acting as a panel chair, unless the chair of the tribunal determines that the appeal is extraordinarily complex and requires an extraordinary amount of time to prepare for, hear and provide written reasons, in which case the member acting as the panel chair shall receive $350, and

(b) $115 for acting as a member of a panel other than as a panel chair.

 Section 89 BEFORE re-enacted by BC Reg 149/2015, effective August 1, 2015.

Deductions for debts owed

89  For the purposes of section 28 (1) (b) of the Act, the minimum amount that may be deducted is $10 each calendar month.

 Section 89.1 was enacted by BC Reg 149/2015, effective August 1, 2015.

 Schedule A, section 1 BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

 Maximum amount of income assistance before deduction of net income

1  Subject to sections 3 and 6 to 11 of this Schedule, the amount of income assistance referred to in section 28 (a) [amount of income assistance] of this regulation is the sum of

(a) the monthly support allowance under section 2 of this Schedule for a family unit matching the family unit of the applicant or recipient, plus

(b) the shelter allowance calculated under sections 4 and 5 of this Schedule.

 Schedule A, section 11 BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

 Child in the home of a relative

11  The income assistance to be paid under section 6 [child in the home of a relative] of this regulation on behalf of a child residing in the home of a relative is the amount listed in the second column that corresponds to the child's age group as listed in the first column.

Age GroupMonthly rate
Birth-5 years $257.46 minus financial contribution by the parents
6-9 years$271.59 minus financial contribution by the parents
10-11 years$314.31 minus financial contribution by the parents
12-13 years$357.82 minus financial contribution by the parents
14-17 years$402.70 minus financial contribution by the parents
18 years$454.32 minus financial contribution by the parents

 Schedule A, section 1 BEFORE renumbered as 1 (1) and amended by BC Reg 197/2012, effective October 1, 2012.

 Maximum amount of income assistance before deduction of net income

1  Subject to sections 3 and 6 to 10 of this Schedule, the amount of income assistance referred to in section 28 (a) [amount of income assistance] of this regulation is the sum of

(a) the monthly support allowance under section 2 of this Schedule for a family unit matching the family unit of the applicant or recipient, plus

(b) the shelter allowance calculated under sections 4 and 5 of this Schedule.

 Schedule A, section 1 (2) and (3) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule A, section 2 (0.1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(0.1)  For the purposes of this section, "warrant" has the meaning of a warrant in section 15.2 [consequences in relation to outstanding arrest warrants] of the Act.

 Schedule A, section 2 (1) (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(b) the amount calculated in accordance with subsections (2) to (5) for each dependent child in the family unit.

 Schedule A, section 2 (2) to (5) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  If the family unit includes one or more dependent children, the monthly support allowance under subsection (1) is adjusted as follows:

(a) for each dependent child, by an additional $123.50 for the calendar month in which the dependent child is born;

(b) for each dependent child in the family unit who is not referred to in paragraph (a) or (c) and for whom a person in the family is entitled to the BC basic family bonus, by the result of

(i)  $123.50, minus

(ii)  the amount of the family bonus payable to the person for that dependent child for the calendar month preceding the calendar month for which the allowance is paid;

(c) for each dependent child who has reached 18 years of age,

(i)  for the calendar month following the calendar month in which the dependent child reached that age, by the result of $123.50 minus the amount of family bonus payable to a person in the family unit for that dependent child for the calendar month in which the dependent child reached that age, and

(ii)  for each subsequent calendar month, by an additional $123.50.

(3)  In calculating the adjustment under subsection (2) (b) or (c) (i), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus must be treated as if it was paid to a person in the family unit.

(4)  The monthly support allowance under subsection (1) is not adjusted under subsection (2) (b) or (c) (i) if

(a) payment of the family bonus for the preceding calendar month is delayed, cancelled or suspended under the Income Tax Act (Canada) or the Income Tax Act (British Columbia), or

(b) a person in the family unit refuses to accept or apply for the family bonus for the preceding calendar month.

(5)  If a family unit includes a person who

(a) immediately before reaching 19 years of age was a dependent child in the family unit, and

(b) reached that age while attending secondary school,

the base monthly support allowance is increased by $123.50 for each calendar month until the end of the school year in which that person reaches that age as long as he or she is still in attendance.

 Schedule A, section 2 (0.1) definition of "maximum adjustment" BEFORE repealed by BC Reg 34/2017, effective July 1, 2017.

"maximum adjustment", in relation to a family unit, means the amount the family unit would receive for a calendar month as the national child benefit supplement if

(a) the family unit were entitled to receive the national child benefit supplement for the calendar month,

(b) the income of the family unit, for the purposes of calculating the national child benefit supplement, were zero, and

(c) all dependent children and all deemed dependent children in the family unit were qualified dependants within the meaning of the Income Tax Act (Canada);

 Schedule A, section 2 (2) (a) and (b) BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

(a) the maximum adjustment, minus

(b) the sum of

(i) the family bonus, if any, paid to the family unit for the preceding calendar month, and

(ii) the amount of the supplement, if any, provided to or for the family unit under section 61 [supplement for delayed, suspended or cancelled family bonus] of this regulation for the current calendar month.

 Schedule A, section 2 (2.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule A, section 2 (3) and (4) BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

(3) In calculating the adjustment under subsection (2), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus must be treated as if it were paid to a person in the family unit.

(4) The support allowance under subsection (1) for a calendar month is not increased under subsection (2) if a person in the family unit refuses to

(a) apply for the family bonus for the preceding calendar month, or

(b) accept the family bonus for the preceding calendar month

in respect of a dependent child in the family unit who is, or may be, a qualified dependant within the meaning of the Income Tax Act (Canada).

 Schedule A, section 2 (6) was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule A, section 4 (2) BEFORE being amended editorially effective June 1, 2010.

(2)  The monthly shelter allowance for a family unit to which section 15 (2) of the Act does not apply is the smaller of

 Schedule A, section 4 (4) BEFORE repealed by BC Reg 62/2010, effective June 1, 2010.

(4)  Despite subsection (2), the minimum monthly shelter allowance for the family unit of a person who

(a) is 60 or more years of age but under 65 years of age,

(b) is not eligible for the federal spouse's allowance, and

(c) is eligible for income assistance,

is $75, regardless of actual shelter costs.

 Schedule A, 6 (2) (b) BEFORE repealed by BC Reg 62/2010, effective June 1, 2010.

(b) the amount calculated under sections 1 to 5 of this Schedule for a family unit matching the applicant's or recipient's family unit.

 Schedule A, 2 (0.1) was added by BC Reg 73/2010, effective June 1, 2010

 Schedule A, 2 (1) items 17 to 40 added to table by BC Reg 73/2010, effective June 1, 2010

 Schedule A, 4 (1) BEFORE amended by BC Reg 73/2010, effective June 1, 2010

(1)  For the purposes of this section, "family unit" includes a child who is not a dependent child and who resides in the parent's place of residence for not less than 40% of each month, under the terms of an order or an agreement referred to in section 1 (2) of this regulation.

 Schedule A, 4 (2) BEFORE amended by BC Reg 73/2010, effective June 1, 2010

(2)  The monthly shelter allowance for a family unit is the smaller of

(a) the family unit's actual shelter costs, and

(b) the maximum set out in the following table for the applicable family size:

 Schedule A, 4 (2.1) was added by BC Reg 73/2010, effective June 1, 2010

 Schedule A, 4 (5) and (6) BEFORE amended by BC Reg 73/2010, effective June 1, 2010

(5)  Despite subsection (2) (a), if the actual shelter costs of a recipient increase as a result of the recipient remortgaging his or her place of residence, the amount of the mortgage payments is deemed, for the term of the new mortgage, to equal the amount before the remortgaging unless

(a) the remortgaging was necessary because of the expiry of the mortgage term, and

(b) the amount borrowed under the mortgage is not increased.

(6)  Despite subsection (2), the maximum monthly shelter allowance for a person who

(a) is a sole recipient without dependants, and

(b) provides confirmation of pregnancy from a medical practitioner or a registrant of the College of Midwives of British Columbia

is increased by up to $195 per month for the duration of the pregnancy.

 Schedule B, section 1 (a) (xxix) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(xxix)  a refund provided by the Fair PharmaCare program of the Ministry of Health;

 Schedule B, section 1 (a) (iii) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(iii)  income assistance paid to a person under section 6 [child in the home of a relative] of this regulation;

 Schedule B, section 3 (1) (c) (ii) (B) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(B)  has in his or her care a child in the home of a relative, or

 Schedule B, section 10 (3) (c) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(c) for a child in the home of a relative.

 Schedule B, section 1 (a) (vii) and (xxxv) BEFORE amended by BC Reg 180/2010, effective July 1, 2010

(vii)  a sales tax credit under the Income Tax Act (British Columbia);

(xxxv)  the low income climate action tax credit under section 8.1 of the Income Tax Act;

 Schedule B, section 1 (a) (xxxviii) was added by BC Reg 242/2010, effective July 30, 2010.

 Schedule B, section 1 (a) (xxix) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.

(xxix)  a refund provided by the Fair PharmaCare program of the Ministry of Health Services;

 Schedule B, section 1 (a) (xvi) BEFORE repealed by BC Reg 197/2012, effective October 1, 2012.

(xvi)  an income tax refund, or part of an income tax refund, that arises by reason of a payment made by the government of British Columbia to the government of Canada on behalf of a person who incurred a tax liability due to income received under the Forest Worker Transition Program;

 Schedule B, section 1 (a) (xxiv) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(xxiv)  payments granted by the government of British Columbia under an agreement referred to in section 93 (1) (g) (ii) of the Child, Family and Community Service Act, for contributions to the support of a child to a person other than a parent of that child;

 Schedule B, section 1 (a) (xlii) was added by BC Reg 31/2014, effective March 17, 2014.

 Schedule B, section 1 (a) (xliii) was added by BC Reg 172/2014, effective September 8, 2014.

 Schedule B, section 1 (a) (xliv) was added BC Reg 41/2015, effective date April 1, 2015.

 Schedule B, section 1 (a) (xxix) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.

(xxix) a refund provided under Plan I, "Fair PharmaCare", of the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95;

 Schedule B, section 1 (a) (xxvii) BEFORE repealed by BC Reg 148/2015, effective September 1, 2015.

(xxvii) that portion of the maintenance paid for and passed on to a person with disabilities or a person aged 19 or older under a maintenance order or agreement filed with a court;

 Schedule B, section 1 (xlv) and (xlvi) were added by BC Reg 148/2015, effective September 1, 2015.

 Schedule B, section 1 (a) (ii) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(ii) the basic family care rate paid in respect of a child in care;

 Schedule B, section 1 (a) (xlvii) was added by BC Reg 204/2015, effective December 1, 2015.

 Schedule B, section 1 (a) (xlviii) was added by BC Reg 81/2016, effective March 18, 2016.

 Schedule B, section 1 (a) (xlix) and (l) were added by BC Reg 283/2016, effective December 7, 2016.

 Schedule B, section 1 (a) (xx) and (xxii) BEFORE repealed by BC Reg 85/2012, effective May 1, 2012.

(xx)  payments granted by the government of British Columbia as Interim Early Intensive Intervention Funding;

(xxiii)  payments granted by the government of British Columbia under the Ministry of Children and Family Development's Extended Autism Intervention Program;

 Schedule B, section 7 (1) (a) (xxxix), (xl) and (xli) were added by BC Reg 85/2012, effective May 1, 2012.

 Schedule B, section 1 (a) (ii) BEFORE repealed by BC Reg 96/2017, effective April 1, 2017.

(ii) the basic family care rate paid in respect of a child in care;

 Schedule B, section 1 (a) (li) to (liii) were added by BC Reg 96/2017, effective April 1, 2017.

 Schedule B, section 1 (a) (iv.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule B, section 3 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Exemption — earned income

3  (1)  The amount of earned income calculated under subsection (2) is exempt for a family unit if

(a) a recipient in the family unit has been receiving continuously for the 3 calendar months immediately preceding the calendar month for which the exemption is claimed

(i)  income assistance under the Act,

(ii)  disability assistance under the Employment and Assistance for Persons with Disabilities Act,

(iii)  income assistance or a youth allowance under a former Act,

(iv)  a disability allowance under the Disability Benefits Program Act, or

(v)  any combination of the assistance and allowances referred to in subparagraphs (i) to (iv),

(b) each person in the family unit is under 65 years of age, and

(c) either

(i)  any person in the family unit is a person who has persistent multiple barriers to employment, or

(ii)  the family unit is composed of a sole recipient who

(A)  has a dependent child, or

(B)  Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (p).]

(C)  has in his or her care a foster child,

and the child has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment or working, on average, more than 30 hours each week.

(2)  The exempt amount for a family unit that qualifies under subsection (1) is calculated as the lesser of the family unit's total earned income in the calendar month of calculation, and

(a) $300 in the case of a family unit that is composed of a sole recipient described in subsection (1) (c) (ii), or

(b) $500 in the case of a family unit described in subsection (1) (c) (i).

(3)  A transient is not entitled to an exemption under this section.

 Schedule B, section 3 (3) to (5) BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

(3) Unless otherwise provided under subsection (4) or (5), the amount of earned income calculated under subsection (6) (a) is exempt for a family unit that qualifies under this section.

(4) The amount of earned income calculated under subsection (6) (b) is exempt for the family unit if

(a) the family unit includes a sole recipient who

(i) has a dependent child, or

(ii) has in his or her care a foster child, and

(b) the child has a physical or mental condition that, in the minister's opinion, precludes the sole recipient from leaving home for the purposes of employment or working, on average, more than 30 hours each week.

(5) The amount of earned income calculated under subsection (6) (c) is exempt for the family unit if any person in the family unit is a person who has persistent multiple barriers to employment.

 Schedule B, section 3 (6) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(6) The exempt amount for a family unit that qualifies under this section is calculated as follows:

(a) in the case of a family unit to which subsection (3) applies, the exempt amount is calculated as the lesser of

(i) $200, and

(ii) the family unit's total earned income in the calendar month of calculation;

(b) in the case of a family unit to which subsection (4) applies, the exempt amount is calculated as the lesser of

(i) $300, and

(ii) the family unit's total earned income in the calendar month of calculation;

(c) in the case of a family unit to which subsection (5) applies, the exempt amount is calculated as the lesser of

(i) $500, and

(ii) the family unit's total earned income in the calendar month of calculation.

 Schedule B, section 7 (1) (d.1), (2) and (3) were added by BC Reg 83/2012, effective May 1, 2012.

 Schedule B, section 7 (0.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule B, section 7 (1) (d) and (d.1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(d) a payment made from a trust to or on behalf of a person referred to in section 13 (2) [assets held in trust for person receiving special care] of this regulation if

(i)  the payment is applied exclusively to or used exclusively for disability-related costs as defined in section 13 (1) of this regulation, and

(ii)  the amount of the exemption under subparagraph (i) for all payments that, during a calendar year, are applied exclusively for the costs referred to in paragraph (d) of that definition does not exceed $5 484;

(d.1) subject to subsection (2), a structured settlement annuity payment made to a person referred to in section 13 (2) (a) of this regulation if

(i)  the payment is applied exclusively to or used exclusively for disability-related costs as defined in section 13 (1) of this regulation, and

(ii)  the amount of the exemption under subparagraph (i) for all payments that, during a calendar year, are applied exclusively for the costs referred to in paragraph (d) of that definition does not exceed $5 484;

 Schedule B, section 7 (1) (d.2) and (f) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule B, section 7 (2) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  Subsection (1) (d.1) applies in respect of a person only if

 Schedule B, section 7 (2.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule B, section 7 (3) BEFORE repealed by BC Reg 197/2012, effective October 1, 2012.

(3)  In this section, "structured settlement annuity payment" means a payment referred to in subsection (2) (b) (iii) made under the annuity contract referred to in that subsection.

 Schedule B, section 7 (1) (d.3) BEFORE amended by BC Reg 204/2015, effective December 1, 2015.

(d.3) subject to subsection (2.1),

(i) a payment made from a trust to or on behalf of a person referred to in section 13 (2) of this regulation,

(ii) a structured settlement annuity payment that, subject to subsection (2), is made to a person referred to in section 13 (2) (a) of this regulation, or

(iii) money expended by a person referred to in section 13.1 (2) of this regulation from an intended registered disability savings plan or trust

if the payment, structured settlement annuity payment or money is applied exclusively to or used exclusively for disability-related costs to promote independence;

 Schedule B, section 7 (2.1) BEFORE repealed by BC Reg 204/2015, effective December 1, 2015.

(2.1) The maximum amount of the exemption under subsection (1) (d.3) is $8 000 in a calendar year, calculated as the sum of all payments, structured settlement annuity payments and money that, during the calendar year, are applied exclusively to or used exclusively for disability-related costs to promote independence.

 Schedule B, section 7 (1) (g) was added by BC Reg 233/2016, effective October 1, 2016.

 Schedule B, section 8 (1) definitions of "day care costs", "education costs"; and (2) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

"day care costs" means the difference between a student's actual day care costs and the maximum amount of child care subsidy that is available under the Child Care Subsidy Act to a family unit matching the student's family unit, for a semester;

"education costs" means the amount required by a student for tuition, books, compulsory student fees and reasonable transportation costs for a semester.

(2) The minister may authorize an exemption for a student described in subsection (3) up to the sum of the student's education costs and day care costs from the total amount of

(a) a training allowance,

(b) student financial assistance, and

(c) student grants, bursaries, scholarships or disbursements from a registered education savings plan

received for the semester.

 Schedule B, section 8 (4) and (5) were added by BC Reg 145/2015, effective September 1, 2015.

 Schedule B, section 10 (0.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule B, section 10 (1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(1)  If that portion of a child benefits cheque attributable to family bonus, the payee of which is a person in the applicant's or recipient's family unit, includes an amount attributable to family bonus for one or more calendar months preceding the calendar month in which the cheque was issued, the amount for each preceding calendar month must be treated as unearned income.

 Schedule B, section 10 (0.1) definition of "backdated Canada child benefit payment" was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule B, section 10 (0.1) definition of "supplement" BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

"supplement" means a supplement referred to in section 61 [supplement for delayed, suspended or cancelled family bonus] of this regulation.

 Schedule B, section 10 (1), (2) and (3) BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

(1) If a person in the applicant's or recipient's family unit receives a backdated family bonus payment and all or part of the payment is attributable to one or more calendar months for which the family unit was also provided with a supplement, the lesser of the following amounts must be treated as unearned income:

(a) the portion of the backdated family bonus payment that is attributable to those calendar months for which the family unit was provided with a supplement;

(b) the sum of the supplements that are attributable to those calendar months for which the family unit received the backdated family bonus payment.

(2) For the purposes of subsection (1), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from a family bonus is considered to have been paid to a person in the applicant's or recipient's family unit.

(3) Subsection (1) does not apply to an amount included in that portion of a child benefits cheque attributable to family bonus

(a) to replace a lost or stolen cheque for which an amount was advanced under section 60 [advance for lost or stolen family bonus cheque] of this regulation, or

(b) to replace a cheque for which no amount was advanced under section 60 [advance for lost or stolen family bonus cheque] of this regulation if the replacement is received in the calendar month following the calendar month for which the lost or stolen cheque was issued.

(c) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (q).]

 Schedule C, section 1 definition of "audiologist" was added by BC Reg 412/2008, effective April 1, 2010.

 Schedule C, section 1 definition of "hearing aid dealer and consultant" BEFORE deleted by BC Reg 412/2008, effective April 1, 2010.

"hearing aid dealer and consultant" means a hearing aid dealer and consultant registered with the Board of Hearing Aid Dealers and Consultants under the Hearing Aid Act;

 Schedule C, section 1 definition of "hearing instrument practitioner" was added by BC Reg 412/2008, effective April 1, 2010.

 Schedule C, section 1 definition of "pedorthist" was added by BC Reg 61/2010, effective April 1, 2010.

 Schedule C, section 1, the following definitions were added "hearing instrument", "occupational therapist", "physical therapist" and "physical therapy" by BC Reg 85/2012, effective May 1, 2012.

 Schedule C, section 1 definition of "dental hygienist" was added by BC Reg 65/2010, effective April 1, 2010.

 Schedule C, section 1 definitions of "basic dental service", "denture services, and "emergency dental service" BEFORE amended by BC Reg 65/2010, effective April 1, 2010.

"basic dental service" means a dental service that

(a) if provided by a dentist,

(i)  is set out in the Schedule of Fee Allowances – Dentist that is effective January 1, 2007 and is on file with the office of the deputy minister, and

(ii)  is provided at the rate set out for the service in that Schedule, and

(b) if provided by a denturist,

(i)  is set out in the Schedule of Fee Allowances – Denturist that is effective January 1, 2007 and is on file with the office of the deputy minister, and

(ii)  is provided at the rate set out for the service in that Schedule;

"denture services" means services and items that

(a) if provided by a dentist

(i)  are set out under fee numbers 51101 to 51302 in the Schedule of Fee Allowances – Dentist that is effective January 1, 2007 and is on file with the office of the deputy minister, and

(ii)  are provided at the rate set out for the service or item in that Schedule, and

(b) if provided by a denturist

(i)  are set out under fee numbers 31310 to 31331 in the Schedule of Fee Allowances – Denturist that is effective January 1, 2007 and is on file with the office of the deputy minister, and

(ii)  are provided at the rate set out for the service or item in that Schedule;

"emergency dental service" means a dental service necessary for the immediate relief of pain that,

(a) if provided by a dentist,

(i)  is set out in the Schedule of Fee Allowances – Emergency Dental – Dentist, that is effective January 1, 2007 and is on file with the office of the deputy minister, and

(ii)  is provided at the rate set out in that Schedule, and

(b) if provided by a denturist,

(i)  is set out in the Schedule of Fee Allowances – Emergency Dental – Denturist, that is effective January 1, 2007 and is on file with the office of the deputy minister, and

(ii)  is provided at the rate set out in that Schedule;

 Schedule C, section 1 definitions of "basic dental service", "denture services" and "emergency dental service" BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

"basic dental service" means a dental service that

(a) if provided by a dentist,

(i) is set out in the Schedule of Fee Allowances — Dentist that is effective April 1, 2010 and is on file with the office of the deputy minister, and

(ii) is provided at the rate set out for the service in that Schedule,

(b) if provided by a denturist,

(i) is set out in the Schedule of Fee Allowances — Denturist that is effective April 1, 2010 and is on file with the office of the deputy minister, and

(ii) is provided at the rate set out for the service in that Schedule, and

(c) if provided by a dental hygienist,

(i) is set out in the Schedule of Fee Allowances — Dental Hygienist that is effective April 1, 2010, and is on file with the office of the deputy minister, and

(ii) is provided at the rate set out for the service in that Schedule;

"denture services" means services and items that

(a) if provided by a dentist

(i) are set out under fee numbers 51101 to 51302 in the Schedule of Fee Allowances — Dentist that is effective April 1, 2010 and is on file with the office of the deputy minister, and

(ii) are provided at the rate set out for the service or item in that Schedule, and

(b) if provided by a denturist

(i) are set out under fee numbers 31310 to 31331 in the Schedule of Fee Allowances — Denturist that is effective April 1, 2010 and is on file with the office of the deputy minister, and

(ii) are provided at the rate set out for the service or item in that Schedule;

"emergency dental service" means a dental service necessary for the immediate relief of pain that,

(a) if provided by a dentist,

(i) is set out in the Schedule of Fee Allowances — Emergency Dental — Dentist, that is effective April 1, 2010 and is on file with the office of the deputy minister, and

(ii) is provided at the rate set out in that Schedule, and

(b) if provided by a denturist,

(i) is set out in the Schedule of Fee Allowances — Emergency Dental — Denturist, that is effective April 1, 2010 and is on file with the office of the deputy minister, and

(ii) is provided at the rate set out in that Schedule;

 Schedule C, section 2 (1) (a) BEFORE amended by BC Reg 66/2010, effective April 1, 2010

(a) disposable medical or surgical supplies other than bottled water, nutritional supplements, food, vitamins or minerals, if

(i)  the supplies are

(A)  prescribed by a medical practitioner or nurse practitioner,

(B)  used in a medical procedure or treatment, and

(C)  necessary to avoid an imminent and substantial danger to health, and

(ii)  there are no resources available to the family unit to cover the cost of the supplies;

 Schedule C, section 2 (1.1) was added by BC Reg 66/2010, effective April 1, 2010.

 Schedule C, section 2 (1) (c) Table item 5 BEFORE amended by BC Reg 169/2010, effective February 1, 2011.

ItemServiceProvided byRegistered with
5non-surgical podiatrypodiatristBritish Columbia Association of Podiatrists under the Podiatrists Act

 Schedule C, section 2, item 6 of the table; (2) and (2.1) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

6physiotherapyphysiotherapistCollege of Physical Therapists of British Columbia under the Health Professions Act

(2)  No more than 12 visits per calendar year are payable by the minister under this section for any combination of physiotherapy services, chiropractic services, massage therapy services, non-surgical podiatry services, naturopathy services and acupuncture services.

(2.1)  If eligible under subsection (1) (c) and subject to subsection (2), the amount of a general health supplement under section 67 of this regulation for physiotherapy services, chiropractic services, massage therapy services, non-surgical podiatry services, naturopathy services and acupuncture services is $23 for each visit.

 Schedule C, section 2 (1) (a.1) and (a.2) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3 BEFORE re-enacted by BC Reg 61/2010, effective April 1, 2010.

 Medical equipment and devices

3  (1)  The following medical equipment and devices are the health supplements that may be paid for by the minister if the supplements are provided to a family unit that is eligible under section 67 [general health supplements] of this regulation:

(a) wheelchairs, personal motorized mobility devices, canes, crutches and walkers, if

(i)  Repealed. [B.C. Reg. 317/2008, s. 5 (e).]

(ii)  medically essential for basic mobility,

(iii)  Repealed. [B.C. Reg. 317/2008, s. 5 (e).]

(iv)  the person has received the pre-authorization of the minister for the medical equipment or device requested, and

(v)  there are no resources available to the person's family unit to pay the cost of the health supplement;

(b) orthotics and bracing if

(i)  prescribed by a medical practitioner or podiatrist, or an occupational therapist or physical therapist has performed an assessment and confirmed the need for the orthotics or bracing,

(ii)  medically essential for basic mobility,

(iii)  the person has received the pre-authorization of the minister for the orthotics or bracing requested,

(iv)  the minister is satisfied that the orthotics or bracing are required for one or more of the following purposes:

(A)  to prevent surgery;

(B)  for post-surgical care;

(C)  to assist in physical healing from surgery, injury or disease;

(D)  to improve physical functioning that has been impaired by a neuro-musculo-skeletal condition,

(v)  there are no resources available to the person's family unit to pay for the cost of the health supplement, and

(vi)  the orthotics or bracing are pre-fabricated, unless

(A)  a medical practitioner, occupational therapist, physical therapist, podiatrist or orthotist confirms that custom-made orthotics or bracing are required for one or more of the reasons referred to in subparagraph (iv), and

(B)  the minister is satisfied that custom-made orthotics or bracing are required for one or more of the reasons referred to in subparagraph (iv);

(c) hearing aids, if

(i)  prescribed by an audiologist or hearing aid dealer and consultant,

(ii)  an audiologist or hearing aid dealer and consultant has performed an assessment that confirms the need for the hearing aid,

(iii)  the person has received the pre-authorization of the minister for the hearing aid, and

(iv)  there are no resources available to the person's family unit to pay the cost of the health supplement;

(d) positioning devices, if

(i) and (ii)  Repealed, [B.C. Reg. 317/2008, s. 5 (e)]

(iii)  the person has received the pre-authorization of the minister for the positioning device requested, and

(iv)  there are no resources available to the person's family unit to pay the cost of the health supplement;

(e) breathing devices, if

(i)  prescribed by a medical practitioner,

(ii)  a respiratory therapist has performed an assessment that confirms the type of breathing device required,

(iii)  the person has received the pre-authorization of the minister for the breathing device, and

(iv)  there are no resources available to the person's family unit to pay the cost of the health supplement.

(2)  In addition to the requirements of subsection (1) (a) or (d), the minister must require one, and may require both, of the following:

(a) a prescription of a medical practitioner or nurse practitioner for the wheelchair, personal motorized mobility device, cane, crutches, walker or positioning device;

(b) an assessment by an occupational therapist or physical therapist confirming the need for the wheelchair, personal motorized mobility device, cane, crutches, walker or positioning device.

 Schedule C, section 3 (1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(1)  Subject to subsections (2) to (5) of this section, the medical equipment and devices described in sections 3.1 to 3.11 of this Schedule are the health supplements that may be provided by the minister if

 Schedule C, section 3 (2) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  For medical equipment or devices referred to in sections 3.1 to 3.8, in addition to the requirements in those sections and subsection (1) of this section, the family unit must provide to the minister one or both of the following, as requested by the minister:

 Schedule C, section 3 (2.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3 (3) (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(b) the period of time, if any, set out in sections 3.1 to 3.11 of this Schedule, as applicable, for the purposes of this paragraph, has passed.

 Schedule C, section 3 (5) (a) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(a) at the time of the repairs the requirements in this section and sections 3.1 to 3.11 of this Schedule, as applicable, are met in respect of the medical equipment or device being repaired, and

 Schedule C, section 3 (3) (part) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(3) Subject to subsection (6), the minister may provide as a health supplement a replacement of medical equipment or a medical device, previously provided by the minister under this section, that is damaged, worn out or not functioning if

 Schedule C, section 3.1 BEFORE re-enacted by BC Reg 61/2010, effective April 1, 2010.

 Custom-made orthotic

3.1  If the criteria in section 3 (1) (b) (vi) (A) and (B) are met and the orthotic is a custom-made foot orthotic, the foot orthotic must be made from a hand-cast mold.

 Schedule C, sections 3.2 to 3.11 were enacted by BC Reg 61/2010, effective April 1, 2010.

 Schedule C, section 3.4 (3) (a) and (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(a) an assessment by an occupational therapist has confirmed that it is unlikely that the person for whom the scooter has been prescribed will have a medical need for a wheelchair during the 5 years following the assessment;

(b) the total cost of the scooter and any accessories attached to the scooter does not exceed $3 500;

 Schedule C, section 3.4 (3.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.5 (0.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.5 (1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(1)  The following items are health supplements for the purposes of section 3 of this Schedule if the minister is satisfied that the item is medically essential to facilitate transfers of a person or to achieve or maintain a person's positioning:

 Schedule C, section 3.5 (1) (i) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(i) a floor-to-ceiling pole in a bathroom;

 Schedule C, section 3.5 (1) (k), (l) and (m) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.6 (1) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(1)  Subject to subsection (3) of this section, the following items are health supplements for the purposes of section 3 of this Schedule if the minister is satisfied that the item is medically essential to facilitate transfers of a person to and from bed or to adjust a person's positioning in bed:

 Schedule C, section 3.6 (1) (d) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.9 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Medical equipment and devices — positive airway pressure devices

3.9  (1)  Subject to subsection (4) of this section, the following items are health supplements for the purposes of section 3 of this Schedule if all of the requirements set out in subsection (2) of this section are met:

(a) a positive airway pressure device;

(b) an accessory that is required to operate a positive airway pressure device;

(c) a supply that is required to operate a positive airway pressure device.

(2)  The following are the requirements in relation to an item referred to in subsection (1) of this section:

(a) the item is prescribed by a medical practitioner or nurse practitioner;

(b) a respiratory therapist has performed an assessment that confirms the medical need for the item;

(c) the minister is satisfied that the item is medically essential for the treatment of moderate to severe sleep apnea.

(3)  The period of time referred to in section 3 (3) (b) of this Schedule with respect to replacement of an item described in subsection (1) of this section is

(a) 5 years from the date on which the minister provided the item being replaced, for an item described in subsection (1) (a), and

(b) 1 year from the date on which the minister provided the item being replaced, for an item described in subsection (1) (b) or (c).

(4)  A ventilator is not a health supplement for the purposes of section 3 of this Schedule.

 Schedule C, section 3.10 (1) BEFORE amended by BC Reg 144/2011, effective July 22, 2011.

  (1)  In this section, "orthosis" means any or all of the following:

(a) a custom-made foot orthotic;

(b) custom-made footwear;

(c) a permanent modification to footwear;

(d) an ankle brace;

(e) an ankle-foot orthosis;

(f) a knee-ankle-foot orthosis;

(g) a knee brace;

(h) a hip brace;

(i) an upper extremity brace;

(j) a cranial helmet used for the purposes set out in subsection (7);

(k) a torso or spine brace.

 Schedule C, section 3.10 (2) (d) (part) BEFORE amended by BC Reg 144/2011, effective July 22, 2011.

(d) for an orthosis other than a custom-made foot orthotic, the orthosis is pre-fabricated unless

 Schedule C, section 3.10 (3) (c) BEFORE repealed by BC Reg 144/2011, effective July 22, 2011.

(c) the minister must be satisfied that failure to provide the custom-made foot orthotic is likely to result in partial or complete amputation of the foot;

 Schedule C, section 3.10 (3) (e) BEFORE repealed by BC Reg 144/2011, effective July 22, 2011.

(e) the cost of one pair of custom-made foot orthotics, including the assessment fee, must not exceed $375.

 Schedule C, section 3.10 (4.1) and (4.2) were added by BC Reg 144/2011, effective July 22, 2011.

 Schedule C, section 3.10 (9) table 1 items "off-the-shelf footwear" and "off-the-shelf orthopaedic footwear" were added by BC Reg 144/2011, effective July 22, 2011.

 Schedule C, section 3.10 (10) table 2 item "custom-made foot orthotic" BEFORE amended by BC Reg 144/2011, effective July 22, 2011.

1custom-made foot orthotic4 years

 Schedule C, section 3.10 (10) table 2 items "off-the-shelf footwear" and "off-the-shelf orthopaedic footwear" were added by BC Reg 144/2011, effective July 22, 2011.

 Schedule C, section 3.10 (11) (f) BEFORE repealed by BC Reg 144/2011, effective July 22, 2011.

(f) an item primarily for recreation or sports.

 Schedule C, section 3.10 (1) paragraphs (n) and (o) were added to the definition of "orthosis" by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.10 (9) items 14 and 15 were added to Table 1 by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.10 (10) item 14 was added to Table 2 by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.10 (12) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.11 BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

 Medical equipment and devices — hearing aids

3.11  A hearing aid is a health supplement for the purposes of section 3 of this Schedule if

(a) the hearing aid is prescribed by an audiologist or hearing aid dealer or consultant, and

(b) an audiologist or hearing aid dealer or consultant has performed an assessment that confirms the need for a hearing aid.

 Schedule C, section 3.11 BEFORE re-numbered as 3.11 (1) by BC Reg 118/2017, effective April 1, 2017.

Medical equipment and devices — hearing instruments

3.11  A hearing instrument is a health supplement for the purposes of section 3 of this Schedule if

(a) the hearing instrument is prescribed by an audiologist or hearing instrument practitioner, and

(b) an audiologist or hearing instrument practitioner has performed an assessment that confirms the need for a hearing instrument.

 Schedule C, section 3.11 (2) was added by BC Reg 118/2017, effective April 1, 2017.

 Schedule C, section 3.11 (2) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(2) The minister may provide a hearing instrument to or for a family unit under this section only if the person is not receiving a hearing assistance supplement under section 77.02 of this regulation.

 Schedule C, section 3.12 was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 4 (1.1) (a) BEFORE amended by BC Reg 48/2010, effective April 1, 2010.

(a) $700 each calendar year, if provided to a dependent child or a child in the home of a relative, and

 Schedule C, section 4 (1) and 4 (1.1) (a) BEFORE amended by BC Reg 65/2010, effective April 1, 2010.

(1)  In this section, "period" means a 2 year period beginning on January 1, 2003, and on each subsequent January 1 in an odd numbered year.

(a) $700 each calendar year, if provided to a dependent child and

 Schedule C section 4 (3) (b) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(b) a person, other than a person referred to in section 67 (1) (f) or a dependant of that person, requires a partial denture to replace at least 3 contiguous missing teeth on the same arch, at least one of which was extracted in the previous 6 months to relieve pain, or

 Schedule C, section 4 (1) (a) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(a) in respect of a dependent child or a child in a home of a relative, a 2 year period beginning on January 1, 2009 and on each subsequent January 1 in an odd numbered year, and

 Schedule C, section 4 (1.1) (a) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(a) $1 400 each period, if provided to a dependent child, and

 Schedule C, section 4.1 (1) (b) BEFORE amended by BC Reg 65/2010, effective April 1, 2010.

(b) that is set out in the Schedule of Fee Allowances — Crown and Bridgework, that is effective January 1, 2007 and is on file with the office of the deputy minister,

 Schedule C, section 4.1 (1) (b) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(b) that is set out in the Schedule of Fee Allowances — Crown and Bridgework, that is effective April 1, 2010 and is on file with the office of the deputy minister,

 Schedule C, section 7 BEFORE amended by BC Reg 65/2010, effective April 1, 2010.

 Dental and optical services — healthy kids program

7  Subject to the following limits, the minister may pay under section 72 [dental and optical supplements — healthy kids] of this regulation for the following health care services for a child of a person who, when the service was provided, was receiving premium assistance:

(a) basic dental services, to a maximum total of $700 for each calendar year for all basic dental services provided to the child during the year;

(b) basic eyewear and repairs;

(c) pre-authorized eyewear and repairs;

(d) emergency dental services.

 Schedule C, section 7 BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

Dental and optical services — healthy kids program

7  (1) In this section, "period" means a 2 year period beginning on January 1, 2009, and on each subsequent January 1 in an odd numbered year.

(2) Subject to the following limits, the minister may pay under section 72 [dental and optical supplements — healthy kids] of this regulation for the following health care services for a child of a person who, when the service was provided, was receiving premium assistance:

(a) basic dental services, to a maximum total of $1 400 for each period for all basic dental services provided to the child during the year;

(b) basic eyewear and repairs;

(c) pre-authorized eyewear and repairs;

(d) emergency dental services.

 Schedule C, section 7.1 was enacted by BC Reg 161/2017, effective September 1, 2017.

 Schedule C, section 8 (h) and (i) were added by BC Reg 64/2010, effective April 1, 2010.

 Schedule C, section 8 (1) (c) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(c) $30 for each calendar month for a person who requires kidney dialysis if the person is not eligible under the kidney dialysis service provided by the Ministry of Health;

 Schedule C, section 8 (1) (i) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

(i) $40 for each calendar month for which a person requires a phenylalanine diet.

 Schedule C, section 11 was added by BC Reg 118/2017, effective April 1, 2017.

 Schedule C, section 11 (2) and (4) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(2) The amount of a hearing supplement that may be provided under section 77.02 of this regulation is $100 per calendar month to or for each person in a family unit to whom subsection (3) of this section applies.

(4) The hearing supplement under subsection (2) may not be provided if a person received a hearing instrument under section 3.11 of this Schedule, or from another source, in the previous 36 months.

 Schedule D, section 2 (9) (c) BEFORE repealed by BC Reg 48/2010 effective April 1, 2010.

(c) for a child in the home of a relative who resides with the applicant's family unit.

 Schedule D, section 2 (0.1) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule D, section 2 (2) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  If the applicant's family unit includes one or more dependent children, the support allowance for the family may be adjusted as follows:

(a) for each dependent child, by an additional $123.50 for the calendar month in which the dependent child is born;

(b) for each dependent child in the family unit and for whom a person in the family is entitled to the BC basic family bonus, by the result of

(i)  $123.50, minus

(ii)  the amount of the family bonus payable to the person for that dependent child for the calendar month preceding the calendar month for which the allowance is paid;

(c) for each dependent child who has reached 18 years of age,

(i)  for the calendar month following the calendar month in which the dependent child reached that age, by the result of $123.50 minus the amount of family bonus payable to a person in the family unit for that dependent child for the calendar month in which the dependent child reached that age, and

(ii)  for each subsequent calendar month, by an additional $123.50.

 Schedule D, section 2 (3) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(3)  In calculating the adjustment under subsection (2) (b) or (2) (c) (i), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus must be treated as if it was paid to a person in the family unit.

 Schedule D, section 2 (4) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(4)  The support allowance under Table 1 may not be increased under subsection (2) (b) or (c) (i) if

(a) payment of the family bonus for the preceding calendar month is delayed or suspended for any of the reasons listed in section 61 [advance for delayed or suspended family bonus] of this regulation, or

(b) a person in the family unit refuses to accept or apply for the family bonus for the preceding calendar month.

 Schedule D, section 2 (7) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(7)  If that portion of a child benefits cheque attributable to family bonus, the payee of which is a person in the applicant's family unit, includes an amount attributable to family bonus, for one or more calendar months preceding the calendar month in which the cheque was issued, the amount for each preceding calendar month must be treated as unearned income in determining the family unit's net income under subsection (1) (b).

 Schedule D, section 2 (10) and (11) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule D, section 2 (0.1) definition of "backdated Canada child benefit payment" was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule D, section 2 (0.1) definition of "maximum adjustment" BEFORE repealed by BC Reg 34/2017, effective July 1, 2017.

"maximum adjustment", in relation to a family unit, means the amount the family unit would receive for a calendar month as the national child benefit supplement if

(a) the family unit were entitled to receive the national child benefit supplement for the calendar month,

(b) the income of the family unit, for the purposes of calculating the national child benefit supplement, were zero, and

(c) all dependent children in the family unit were qualified dependants within the meaning of the Income Tax Act (Canada);

 Schedule D, section 2 (0.1) definition of "supplement" BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

"supplement" means a supplement referred to in section 61 [supplement for delayed, suspended or cancelled family bonus] of this regulation.

 Schedule D, section 2 (2) (a) and (b) BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

(a) the maximum adjustment, minus

(b) the sum of

(i) the family bonus, if any, paid to the family unit for the preceding calendar month, and

(ii) the amount of the supplement, if any, provided to or for the family unit under section 61 [supplement for delayed, suspended or cancelled family bonus] of this regulation for the current calendar month.

 Schedule D, section 2 (2.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule D, section 2 (3), (4), (7), (8) and (9) BEFORE amended by BC Reg 34/2017, effective July 1, 2017.

(3) In calculating the adjustment under subsection (2), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from the family bonus must be treated as if it were paid to a person in the family unit.

(4) The support allowance under Table 1 for a calendar month may not be increased under subsection (2) if a person in the family unit refuses to

(a) apply for the family bonus for the preceding calendar month, or

(b) accept the family bonus for the preceding calendar month

in respect of a dependent child in the family unit who is, or may be, a qualified dependant within the meaning of the Income Tax Act (Canada).

(7) If a person in the applicant's or recipient's family unit receives a backdated family bonus payment and all or part of the payment is attributable to one or more calendar months for which the family unit was also provided with a supplement, the lesser of the following amounts must be treated as unearned income:

(a) the portion of the backdated family bonus payment that is attributable to those calendar months for which the family unit was provided with a supplement;

(b) the sum of the supplements that are attributable to those calendar months for which the family unit received the backdated family bonus payment;

(8) For the purposes of subsection (7), an amount that, under the Income Tax Act (British Columbia) or the Income Tax Act (Canada), is deducted or set off from a family bonus must be treated as paid to a person in the applicant's family unit.

(9) Subsection (7) does not apply to an amount included in that portion of a child benefits cheque attributable to family bonus

(a) to replace a lost or stolen cheque for which an amount was advanced under section 60 [advance for lost or stolen family bonus cheque] of this regulation, or

(b) to replace a cheque for which no amount was advanced under section 60 [advance for lost or stolen family bonus cheque] of this regulation if the replacement is received in the calendar month following the calendar month for which the lost or stolen cheque was issued.

(c) Repealed. [B.C. Reg. 48/2010, Sch. 1, s. 1 (s).]

 Schedule D, section 4 (3) was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule D, section 6 (z) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(z) a refund provided by the Fair PharmaCare program of the Ministry of Health;

 Schedule D, section 6 (b) BEFORE repealed by BC Reg 48/2010 effective April 1, 2010.

(b) income assistance paid for a child in the home of a relative;

  Schedule D, section 6 (f) and (ff) BEFORE amended by BC Reg 180/2010, effective July 1, 2010.

(f) a sales tax credit under the Income Tax Act (British Columbia);

(ff) the low income climate action tax credit under section 8.1 of the Income Tax Act;

 Schedule D, section 6 (ii) was added by BC Reg 242/2010, effective July 30, 2010.

 Schedule D section 6 (z) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.

(z) a refund provided by the Fair PharmaCare program of the Ministry of Health Services;

 Schedule D, section 6 (s) and (v) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

(s) payments granted by the government of British Columbia as Interim Early Intensive Intervention Funding;

(v) payments granted by the government of British Columbia under the Ministry of Children and Family Development's Extended Autism Intervention Program;

 Schedule D, section 6 (jj) to (ll) were added by BC Reg 85/2012, effective May 1, 2012.

 Schedule D, section 6 (w) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Schedule D, section 6 (mm), (nn) and (oo) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule D, section 6 (pp) was added by BC Reg 31/2014, effective March 17, 2014.

 Schedule D, section 6 (qq) was added by BC Reg 172/2014, effective September 8, 2014.

 Schedule D, section 6 (ww) was added by BC Reg 41/2015, effective April 1, 2015.

 Schedule D, section 6 (z) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.

(z) a refund provided under Plan I, "Fair PharmaCare", of the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95;

 Schedule D, section 6 (ss) and (tt) were added by BC Reg 148/2015, effective September 1, 2015.

 Schedule D, section 6 (uu) was added by BC Reg 204/2015, effective December 1, 2015.

 Schedule D, section 6 (vv) was added by BC Reg 81/2016, effective March 18, 2016.

 Schedule D, section 6 (ww) and (xx) were added by BC Reg 283/2016, effective December 7, 2016.

 Schedule D, section 6 (yy), (zz) and (aaa) were added by BC Reg 96/2017, effective April 1, 2017.

 Schedule D, section 6 (c.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule F was enacted by BC Reg 63/2010, effective April 1, 2010.