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"Point in Time" Regulation Content

Employment and Assistance for Persons with Disabilities Regulation

B.C. Reg. 265/2002

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
September 1, 2016
December 7, 2016
July 1, 2017
January 1, 2018
July 16, 2018
Section 2 October 1, 2012
July 7, 2013
Part 1.1 Section 2.1 September 1, 2016
Section 4 September 1, 2016
July 16, 2018
Section 4.1 April 1, 2010
May 1, 2012
October 1, 2012
September 1, 2015
July 16, 2018
Section 4.2 May 1, 2012
October 1, 2012
July 16, 2018
Section 4.21 July 16, 2018
Section 4.4 September 1, 2016
July 16, 2018
Section 6.1 October 1, 2012
Section 10 May 1, 2012
June 1, 2010
July 30, 2010
October 1, 2012
January 30, 2013
March 17, 2014
September 8, 2014
April 1, 2015
September 30, 2017
December 1, 2015
December 7, 2016
April 1, 2017
July 1, 2017
September 30, 2017
July 16, 2018
July 16, 2018
October 1, 2018
February 11, 2019
Section 12 October 1, 2012
Section 12.1 October 1, 2012
Section 16 March 18, 2013
May 1, 2015
Section 17 October 1, 2012
May 1, 2015
Section 18 May 1, 2015
Section 20 May 1, 2015
Section 21 June 1, 2010
March 18, 2013
May 1, 2015
Section 22 May 1, 2015
Section 23 December 13, 2013
July 16, 2018
Section 24 September 1, 2016
January 1, 2018
Section 24.1 September 1, 2016
January 1, 2018
Section 25 April 1, 2010
September 1, 2015
July 16, 2018
Section 29 May 1, 2012
January 1, 2013
January 1, 2015
July 16, 2018
Section 29.1 September 1, 2016
Section 30 May 1, 2012
Part 3 Division 4 Section 31 to 34 August 1, 2015
Part 3 Division 5 June 1, 2010
Section 34.1 June 1, 2010
Section 35 August 1, 2015
July 16, 2018
Section 36 October 1, 2012
Section 42 August 1, 2015
Section 42.1 August 1, 2015
Section 43.1 June 1, 2010
Section 45 July 3, 2012
Section 47 August 9, 2011
Section 48 August 9, 2011
Section 49 August 9, 2011
Section 51 September 1, 2016
Section 54.2 January 1, 2018
Section 56 September 1, 2016
January 1, 2018
Section 56.1 September 1, 2016
January 1, 2018
Section 57 December 1, 2018
Section 58 April 1, 2010
Section 58.1 July 1, 2017
Section 59 April 1, 2010
October 1, 2012
Section 59.1 July 1, 2017
Section 60 January 18, 2016
Section 60.1 July 3, 2012
September 1, 2017
Section 61.01 March 3, 2014
September 1, 2015
Section 61.1 April 30, 2010
March 3, 2014
September 1, 2015
Section 62 April 1, 2010
April 30, 2010
May 1, 2012
March 3, 2014
September 1, 2015
September 1, 2017
Section 62.1 April 1, 2010
March 3, 2014
September 1, 2015
Section 62.2 April 1, 2010
May 1, 2012
March 3, 2014
September 1, 2015
Section 63 April 1, 2010
April 30, 2010
March 3, 2014
September 1, 2015
September 1, 2017
Section 63.1 April 1, 2010
April 30, 2010
March 3, 2014
September 1, 2015
Section 64 April 1, 2010
April 30, 2010
March 3, 2014
September 1, 2015
Section 65 April 1, 2010
April 30, 2010
March 3, 2014
September 1, 2015
September 1, 2017
Section 66 April 1, 2010
September 1, 2015
Section 67 April 1, 2010
September 1, 2015
Section 67.001 September 1, 2015
Section 67.01 April 1, 2010
March 3, 2014
September 1, 2015
Section 67.1 April 1, 2010
April 30, 2010
March 3, 2014
September 1, 2015
Section 68 September 1, 2015
Section 69 April 1, 2010
October 1, 2012
September 1, 2015
Section 70.01 April 1, 2010
April 30, 2010
September 1, 2015
Section 70.02 April 1, 2017
September 1, 2017
Section 70.3 and 70.4 June 1, 2010
Section 73 June 1, 2010
Section 74 August 1, 2015
September 1, 2016
January 1, 2018
Section 74.1 August 1, 2015
Section 75.1 September 1, 2016
Section 81 September 1, 2016
January 1, 2018
 Schedule A Section 1 October 1, 2012
 Schedule A Section 2 June 1, 2010
October 1, 2012
July 1, 2017
September 1, 2016
April 1, 2017
October 1, 2017
January 1, 2018
April 1, 2019
Schedule A Section 3 September 1, 2016
January 1, 2018
July 16, 2018
 Schedule A Section 4 June 1, 2010
June 1, 2010
Schedule A Section 6 June 1, 2010
September 1, 2016
April 1, 2017
January 1, 2018
Schedule A Section 8 September 1, 2016
April 1, 2017
January 1, 2018
 Schedule B Section 1 January 14, 2010
April 1, 2010
June 1, 2010
July 30, 2010
March 8, 2012
May 1, 2012
October 1, 2012
January 1, 2013
March 20, 2013
March 17, 2014
September 8, 2014
January 1, 2015
April 1, 2015
June 1, 2015
September 1, 2015
September 1, 2015
December 1, 2015
March 18, 2016
October 1, 2016
December 7, 2016
April 1, 2017
July 1, 2017
September 30, 2017
October 1, 2018
February 11, 2019
 Schedule B Section 3 October 1, 2012
January 1, 2013
January 1, 2015
October 1, 2017
Schedule B Section 3.1 January 1, 2013
March 20, 2013
January 1, 2015
Schedule B Section 7 May 1, 2012
October 1, 2012
December 1, 2015
October 1, 2016
Schedule B Section 7.1 May 1, 2012
October 1, 2012
January 1, 2013
January 1, 2015
Schedule B Section 7.2 January 1, 2013
March 20, 2013
January 1, 2015
 Schedule B Section 8 September 1, 2015
December 1, 2015
 Schedule B Section 10 October 1, 2012
July 1, 2017
 July 16, 2018
October 1, 2018
 Schedule C Section 1 April 1, 2010
May 1, 2012
September 1, 2017
 Schedule C Section 2 February 1, 2011
April 1, 2010
October 1, 2012
 Schedule C Section 3 April 1, 2010
October 1, 2012
 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
May 15, 2018
Schedule C Section 3.11 May 1, 2012
April 1, 2017
Schedule C Section 3.12 October 1, 2012
 Schedule C Section 4 April 1, 2010
September 1, 2017
 Schedule C Section 4.1 April 1, 2010
September 1, 2017
 Schedule C Section 6 January 14, 2010
April 1, 2010
May 1, 2012
 Schedule C Section 7 April 1, 2010
 Schedule C Section 10 April 1, 2010
September 1, 2015
Schedule C Section 11 April 1, 2017
Schedule D April 1, 2019
 Schedule D Section 2 April 1, 2010
October 1, 2012
July 1, 2017
 Schedule D Section 3 January 1, 2018
 Schedule D Section 4 July 16, 2018
 Schedule D Section 6 January 14, 2010
June 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
September 30, 2017
July 16, 2018
October 1, 2018
February 11, 2019
Schedule D Table 1 September 1, 2016
April 1, 2017
October 1, 2017

 Section 1 (1) definition of "child in the home of a relative" BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

"child in the home of a relative" has the same meaning as in the Employment and Assistance Regulation;

 Section 1 (1) definitions of "application for disability assistance (part 1) form" and "application for disability assistance (part 2) form" BEFORE amended by BC Reg 84/2012, effective May 1, 2012.

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

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

 Section 1 (1) definition of "earned income", paragraph (b) BEFORE repealed 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 "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 (1) definition of "unearned income", paragraph (k) BEFORE amended by BC Reg 364/2012, effective March 18, 2013.

(k) widows' or orphans' allowances;

 Section 1 (1) definition of "BC early childhood tax benefit" and "child benefits cheque", paragraph (e) were added by BC Reg 41/2015, effective April 1, 2015.

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

 Section 1 (1) definition of "student financial assistance" BEFORE amended by BC Reg 204/2015, effective December 1, 2015.

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

 Section 1 (1) definition of "gift" was added by BC Reg 204/2015, effective December 1, 2015.

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

 Section 1 (1) definition of "transportation support allowance" was added by BC Reg 175/2016, effective September 1, 2016.

 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 1 (1) definition of "transportation support allowance" BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

"transportation support allowance" means the disability assistance specified under section 2, 6 or 8, as applicable, of Schedule A, which is provided in money or in kind, as described in section 24.1 (1);

 Section 1 definitions "alternate application for disability assistance form" and "disability assistance application date" were added by BC Reg 151/2018, effective July 16, 2018.

 Section 2 (3) was added by BC Reg 197/2012, effective October 1, 2012.

 Section 2 (2) BEFORE amended by BC Reg 70/2013, effective July 7, 2013.

(2)  For the purposes of the Act, "prescribed professional" means a person who is authorized under an enactment to practice the profession of

(a) medical practitioner,

(b) registered psychologist,

(c) registered nurse or registered psychiatric nurse,

(d) occupational therapist,

(e) physical therapist,

(f) social worker,

(g) chiropractor, or

(h) nurse practitioner.

 Part 1.1, section 2.1 was enacted by BC Reg 165/2016, effective September 1, 2016.

 Section 4 BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

Process for assessment of eligibility for disability assistance

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

[en. B.C. Reg. 306/2005, s. 3.]

 Section 4 BEFORE re-enacted by BC Reg 151/2018, effective July 16, 2018.

Process for assessment of eligibility for disability assistance

4   The eligibility of a family unit for disability assistance must be assessed on the basis of the 2-stage process set out in sections 4.1 and 4.2, unless the eligibility of the family unit is re-established in accordance with the process set out in section 4.4.

[en. B.C. Reg. 306/2005, s. 3; am. B.C. Reg. 175/2016, App. 1, s. 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 198/2012, 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 6 (2), and

 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 4.1 (1) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(1) The first stage of the process for assessing the eligibility of a family unit for disability assistance is fulfilling the requirements of subsection (2).

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

(b) subject to subsection (5), 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 disability assistance (part 2) form, and

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

(b) is not described in section 6 (2), or

 Section 4.2 (2) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(2) The second stage of the process for assessing the eligibility of a family unit for disability assistance is fulfilling the requirements of subsection (3).

 Section 4.21 was enacted by BC Reg 151/2018, effective July 16, 2018.

 Section 4.4 was enacted by BC Reg 175/2016, effective September 1, 2016.

 Section 4.4 BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

Re-establishment of eligibility for disability assistance

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

(2) The eligibility of the family unit referred to in subsection (1) for disability assistance may be re-established based on monthly reports submitted under section 29.1 [voluntary reporting] during the period of ineligibility for disability assistance during the calendar year in which the family unit becomes ineligible.

(3) If monthly reports under section 29.1 have not been submitted in respect of a family unit referred to in subsection (1), the 2-stage process set out in sections 4.1 and 4.2 applies to the family unit for the re-establishment of eligibility.

[en. B.C. Reg. 175/2016, App. 1, s. 3.]

 Section 6.1 was enacted by BC Reg 198/2012, effective October 1, 2012.

 Section 10 (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 10 (1) (pp) to (rr) were added by BC Reg 85/2012 effective May 1, 2012.

 Section 10 (1) (g) BEFORE amended by BC Reg 180/2010, effective June 1, 2010.

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

 Section 10 (1) (ll) BEFORE repealed by BC Reg 180/2010, effective June 1, 2010.

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

 Section 10 (1) (oo) was added by BC Reg 242/2010, effective July 30, 2010.

 Section 10 (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 10 (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 10 (1) (y) and (dd) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(y) assets exempted under section 11 (2) [asset development accounts] or 12 (2) [assets held in trust for person with disabilities];

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

 Section 10 (2) (a) and (b) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(a) a sole applicant or recipient has no dependent children and has assets with a total value of more than $3 000;

(b) an applicant or recipient has one or more dependants and the family unit has assets with a total value of more than $5 000.

 Section 10 (1) (jj) BEFORE amended by BC Reg 20/2013, effective January 30, 2013.

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

 Section 10 (1) (uu) was added by BC Reg 31/2014, effective March 17, 2014.

 Section 10 (1) (vv) was added by BC Reg 172/2014, effective September 8, 2014.

 Section 10 (1) (ww) was added by BC Reg 41/2015, effective April 1, 2015.

 Section 10 (1) (ccc) was added by BC Reg 179/2017, effective September 30, 2017.

 Section 10 (2) BEFORE amended by BC Reg 204/2015, effective December 1, 2015.

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

(a) a sole applicant or sole recipient has no dependent children and has assets with a total value of more than $5 000;

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

 Section 10 (1) (xx) and (yy) were added by BC Reg 283/2016, effective December 7, 2016.

 Section 10 (1) (zz) (aaa) and (bbb) were added by BC Reg 95/2017, effective April 1, 2017.

 Section 10 (1) (e.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Section 10 (1) (ccc) was added by BC Reg 179/2017, effective September 30, 2017.

 Section 10 (1) (yy.1) and (yy.2) were added by BC Reg 150/2018, effective July 16, 2018.

 Section 10 (1) (k) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(k) basic breeding-stock held by a farmer at the date of the applicant's submission of the application for disability assistance (part 2) form, and female stock held for stock replacement;

 Section 10 (1) (ddd) was added by BC Reg 189/2018, effective October 1, 2018.

 Section 10 (1) (eee) was added BC Reg 19/2019, effective February 11, 2019.

 Section 12 (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 person's independence, and

 Section 12 (2) and (3) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(2)  If a person referred to in subsection (1) 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:

(a) 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

(b) any capital subsequently contributed to a trust referred to in paragraph (a),

is exempt for the purposes of section 10 (2) [asset limits].

(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 12.1 was enacted by BC Reg 197/2012, effective October 1, 2012.

 Section 16 definitions of "child support" and "child support service" BEFORE amended by BC Reg 364/2012, 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 16 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 18 [categories of maintenance rights];

"spouse" includes a former spouse.

 Section 16 definition of "maintenance right" was added by BC Reg 62/2015, effective May 1, 2015.

 Section 17 (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 6 (2) (a) to (f) [citizenship requirements].

 Section 17 BEFORE re-enacted by BC Reg 62/2015, effective May 1, 2015.

Categories of persons who must assign maintenance rights

17   (1) For a family unit to be eligible for disability 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 18 [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 6 (2) [citizenship requirements], other than a dependent child referred to in paragraph (g) of that section, or

(b) is a person described in section 6.1 (2) (a) [exemption from citizenship requirements].

[am. B.C. Regs. 39/2009, s. 2; 198/2012, Sch. 2, s. 4.]

 Section 18 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

Categories of maintenance rights

18   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 20 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

How long an assignment is in effect

20   (1) An assignment under this Division ends when

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

(b) all disability 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 disability assistance or hardship assistance and amounts owing to the government under this Division still remain unrecovered, then, despite section 18 [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 21 (c) (iv) BEFORE amended by BC Reg 149/2010, effective June 1, 2010.

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

 Section 21 (c) (ii) BEFORE amended by BC Reg 364/2012, effective March 18, 2013.

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

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

Terms to be included in the assignment

21   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 18 [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 disability 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 disability 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 disability 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) disability 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. 316/2006, s. 2; 149/2010; 364/2012, s. 3.]

 Section 22 BEFORE repealed by BC Reg 62/2015, effective May 1, 2015.

Failure to comply with terms of assignment

22   (1) If an assignor who is receiving disability assistance or hardship assistance fails to comply with the terms of an assignment referred to in section 21 (c) [terms to be included in the assignment], the assignor's family unit may be declared ineligible for disability 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 23 (1) (part) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(1)  Subject to subsection (1.1), the family unit of an applicant for designation as a person with disabilities or for both that designation and disability assistance

 Section 23 (2) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(2)  A family unit is not eligible for a supplement in respect of a period before the minister determines the family unit is eligible for it.

 Section 23 (3.01) was added by BC Reg 264/2013, effective December 13, 2013.

 Section 23 (3.1) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(3.1)  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 16 (1) of the Act [reconsideration and appeal rights] in relation to the supplement.

 Section 23 (3.11) was added by BC Reg 264/2013, effective December 13, 2013.

 Section 23 (3.2) BEFORE amended by BC Reg 264/2013, effective December 13, 2013.

(3.2)  If the tribunal rescinds a decision of the minister determining that a person does not qualify as a person with disabilities, the person's family unit is eligible to receive disability 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 16 (1) of the Act [reconsideration and appeal rights] in relation to the designation.

 Section 23 (1.2) (a) to (c) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(a) a support allowance under sections 2 and 3 of Schedule A on the date of the applicant's submission of the application for disability assistance (part 2) form,

(b) for a shelter allowance under sections 4 and 5 of Schedule A on the first day of the calendar month that includes the date of the applicant's submission of the application for disability assistance (part 2) form, but only for that portion of that month's shelter costs that remains unpaid on the date of that submission, and

(c) for disability assistance under sections 6 to 9 of Schedule A on the date of the applicant's application for disability assistance (part 2) form.

 Section 24 BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

Amount of disability assistance

24   Disability assistance may be provided to or for a family unit, for a calendar month, in an amount that is not more than

(a) the amount determined under Schedule A, minus

(b) the family unit's net income determined under Schedule B.

 Section 24 (part) BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

Amount of disability assistance

24   Subject to section 24.1 (3), disability assistance may be provided to or for a family unit, for a calendar month, in an amount that is not more than

 Section 24.1 was enacted by BC Reg 175/2016, effective September 1, 2016.

 Section 24.1 BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

Disability assistance in the form of transportation support allowance

24.1   (1) The minister may provide to or for a family unit, for a calendar month, in respect of each applicant or recipient who is designated as a person with disabilities in the family unit, one of the following forms of transportation support allowance:

(a) in money, in the amount of $52;

(b) in kind, in the form of a monthly pass for the personal use of the person with disabilities to use a public passenger transportation system in a transit service area established under section 25 of the British Columbia Transit Act, or in a transportation service region as defined in the South Coast British Columbia Transportation Authority Act, which is deemed to have a value in the amount of $52 for the purposes of this regulation.

(2) If an applicant or recipient who is provided a transportation support allowance under either paragraph (a) or (b) of subsection (1) gives the minister notice that the recipient wishes to be provided the other form of transportation support allowance provided under that subsection, the minister may provide that other form of transportation support allowance for a subsequent month.

(3) If the amount of disability assistance calculated in respect of a family unit under section 24 is less than the applicable amount for the family unit's transportation support allowance, disability assistance may be provided in accordance with this section up to an amount equal to the applicable amount for the family unit's transportation support allowance.

[en. B.C. Reg. 175/2016, App. 1, s. 5.]

 Section 25 (4) (c) 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

 Section 25 (4) (d) (part) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

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

 Section 25 (1) (a) (i) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(i) the date of the applicant's submission of the application for disability assistance (part 2) form under this regulation;

 Section 25 (3) (a) (i) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(i) the date of the applicant's submission of the application for disability assistance (part 2) form under this regulation;

 Section 29 (b) (v) added by BC Reg 85/2012, effective May 1, 2012.

 Section 29 (a) BEFORE amended by BC Reg 332/2012, effective January 1, 2013.

(a) the report must be submitted by the 5th day of the calendar month following the calendar month in which there is a change that is listed in paragraph (b), and

 Section 29 (b) (vi) and (vii) were added by BC Reg 332/2012, effective January 1, 2013.

 Section 29 (b) (vi) and (vii) BEFORE amended by BC Reg 226/2014, effective January 1, 2015

(vi) if the calendar month is within the calendar year in respect of which the family unit qualifies for an exemption under section 3.1 of Schedule B, the amount of earned income received by the family unit in the calendar month and the source of that income;

(vii) if the calendar month is within the calendar year in respect of which the family unit qualifies for an exemption under section 7.1 of Schedule B, the amount of unearned income that is compensation paid under sections 29 and 30 of the Workers Compensation Act received by the family unit in the calendar month.

 Section 29 (b) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(b) the information required is all of the following, as requested in the monthly report form prescribed under the Forms Regulation, B.C. Reg. 95/2012:

 Section 29.1 was enacted by BC Reg 175/2016, effective September 1, 2016.

 Section 30 (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.

 Part 3, Division 4, sections 31 to 34 BEFORE repealed by BC Reg 149/2015, effective August 1, 2015.

Division 4 — Effect on Eligibility of Convictions or Admissions

Criminal Code convictions

31   For the purposes of section 14 (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 Act by fraud or false or misleading representation must be reduced

(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.

Convictions under the Act or the Employment and Assistance Act

32   For the purposes of section 14 (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 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,

(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 14 (3) of the Act respecting judgment

33   If the minister has made a declaration under section 14 (3) [consequences for conviction or judgment] of the Act in respect of a family unit, for the purposes of section 14 (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 disability 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 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. 5.]

Consequences for conviction, etc. under a former Act

34   (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 disability 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 disability 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 BC Benefits (Youth Works) Act.

(3) The minister may declare a family unit ineligible for disability 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 BC Benefits (Youth Works) 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. 6.]

 Division 5 was enacted in Part 3 by BC Reg 73/2010, effective June 1, 2010.

 Section 34.1 was enacted by BC Reg 73/2010, effective June 1, 2010.

 Section 35 (1) (a) BEFORE amended by BC Reg 149/2015, effective August 1, 2015.

(a) must be ineligible for disability assistance for one or more reasons set out in sections 37 to 42.1, and

 Section 35 (2) (b) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(b) only for the calendar month that contains the date of the applicant's submission of the application for disability assistance (part 2) form, and

 Section 36 (c.1) was added by BC Reg 198/2012, effective October 1, 2012.

 Section 42 BEFORE repealed by BC Reg 149/2015, effective August 1, 2015.

Family units ineligible or declared ineligible under section 34 [consequences for conviction, etc. under a former Act]

42   The minister may provide hardship assistance to a family unit that is ineligible or declared ineligible under section 34 [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 42.1 BEFORE repealed by BC Reg 149/2015, effective August 1, 2015.

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

42.1   (1) In the circumstances described in subsection (2), the minister may provide hardship assistance to a family unit that under section 14 (5) (a) [consequences for conviction or judgment in relation to Act] of the Act is not eligible for disability assistance because it includes only

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

(b) persons convicted of an offence under this Act or the Employment and Assistance 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 disability assistance, hardship assistance or a supplement under this Act or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible, and

(ii) the minister has made a declaration under section 14 (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. 4.]

 Section 43.1 (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 45 BEFORE repealed by BC Reg 196/2012, effective July 3, 2012.

 School start-up supplement

45  (1)  The minister may provide an annual school start-up supplement to or for a family unit that is eligible for disability 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.

 Section 47 BEFORE repealed by BC Reg 148/2011, effective August 9, 2011.

 Community volunteer supplement

47  (1)  The minister may provide to or for a family unit that is eligible for disability assistance a supplement of up to $100 for each calendar month for each recipient or dependent child who has reached 15 years of age 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

(a) section 48 [monthly incentive supplement], for the use or benefit of that recipient or dependent child,

(b) section 49 [training initiative supplement], for the use or benefit of that recipient or dependent child, or

(c) section 54 (2) [supplements related to employment plan], for the use or benefit of that recipient or dependent child.

[en. B.C. Reg. 47/2008, s. 2.]

 Section 48 BEFORE repealed by BC Reg 148/2011, effective August 9, 2011.

 Monthly incentive supplement

48  (1)  The minister may provide an incentive supplement to or for a family unit that is eligible for disability assistance to enable a recipient to participate in a vocational, self-improvement or other program to prepare the recipient for employment.

(2)  The following is the amount of an incentive supplement:

(a) $50 for each calendar month for a recipient if

(i)  the family unit does not include a dependent child, and

(ii)  the recipient does a minimum of 20 hours of work experience in the previous calendar month;

(b) $100 for each calendar month for a recipient if

(i)  the family unit includes a dependent child, and

(ii)  the recipient does a minimum of 40 hours of work experience in the previous calendar month.

(3)  Only 6 monthly payments may be made to a family unit under this section on account of a particular recipient over a period of 36 consecutive months, beginning with the month in which the supplement was first provided to or for the family unit on account of that recipient.

(4)  No supplement may be provided under this section for a recipient who is receiving a supplement under section 47 [community volunteer supplement] or section 49 [training initiative supplement].

 Section 49 (4) BEFORE repealed by BC Reg 148/2011, effective August 9, 2011.

(4)  No supplement may be provided under this section in respect of a person for whom a supplement is being provided under section 47 [community volunteer supplement] or section 48 [monthly incentive supplement].

 Section 51 BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

Bus pass supplement

51   (1) The minister may provide a supplement to or for a family unit that is eligible for disability assistance and contributes $45 to the cost to provide an annual pass for the personal use of

(a) a person with disabilities in the family unit, or

(b) the spouse of that person if that spouse

(i) is 60 or more years of age,

(ii) receives the federal spouse's allowance or federal guaranteed income supplement, or

(iii) is 65 years of age or more and meets all of the eligibility requirements for the federal guaranteed income supplement except the 10 year residency requirement.

(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 54.2 was enacted by BC Reg 193/2017, effective January 1, 2018.

 Section 56 (6) was added by BC Reg 175/2016, effective September 1, 2016.

 Section 56 (6) BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

(6) For the purposes of subsection (3), the disability assistance referred to in that subsection does not include the applicable amount in respect of the family unit's transportation support allowance.

 Section 56.1 (4) was added by BC Reg 175/2016, effective September 1, 2016.

 Section 56.1 (4) BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

(4) For the purposes of subsection (3), the disability assistance referred to in that subsection does not include the applicable amount in respect of the family unit's transportation support allowance.

 Section 57 (4) (a) BEFORE amended by BC Reg 248/2018, effective December 1, 2018.

(a) if for food, the maximum amount that may be provided in a calendar month is $20 for each person in the family unit;

 Section 57 (5) and (6) BEFORE repealed by BC Reg 248/2018, effective December 1, 2018.

(5) The cumulative amount of crisis supplements that may be provided to or for a family unit in a year must not exceed the amount calculated under subsection (6).

(6) In the calendar month in which the application or request for the supplement is made, the amount under subsection (5) is calculated by multiplying by 2 the maximum amount of disability assistance or hardship assistance that may be provided for the month under Schedule A or Schedule D to a family unit that matches the family unit.

 Section 57 (7) (part) BEFORE amended by BC Reg 248/2018, effective December 1, 2018.

(7) Despite subsection (4) (b) or (5) or both, a crisis supplement may be provided to or for a family unit for the following:

 Section 58 (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 58.1 was enacted by BC Reg 34/2017, effective July 1, 2017.

 Section 59 (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 59 BEFORE re-enacted by BC Reg 197/2012, effective October 1, 2012.

 Advance for delayed or suspended family bonus

59  (1)  The minister may provide a supplement to or for a family unit that is eligible for disability assistance or hardship assistance as an advance for delayed, cancelled 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 (British Columbia) 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. 2 (c).]

[am. B.C. Regs. 286/2003, s. 2 (a); 48/2010, Sch. 1, s. 2 (c).]

 Section 59.1 was enacted by BC Reg 34/2017, effective July 1, 2017.

 Section 60 BEFORE amended by BC Reg 223/2015, effective January 18, 2016.

Guide animal supplement

60   The minister may provide a supplement of $95 for each calendar month to or for a family unit that is eligible for disability 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. 2.]

 Section 60.1 was enacted by BC Reg 196/2012, effective July 3, 2012.

 Section 60.1 BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

School start-up supplement

60.1   (1) The minister may provide an annual school start-up supplement to or for a family unit that is eligible for disability 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. 2, s. 2.]

 Section 61.01 was enacted by BC Reg 27/2014, effective March 3, 2014.

 Section 61.01 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Definitions for Division

61.01   In this Division, "maintenance", "maintenance agreement" and "maintenance order" have the same meaning as in section 16 of this regulation.

[en. B.C. Reg. 27/2014, s. 1.]

 Section 61.1 was enacted by BC Reg 114/2010, effective April 30, 2010.

 Section 61.1 (a) (ii) and (iii) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(ii)  money received by 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

(iii)  any person in the family unit receiving a pension or other payment under the Canada Pension Plan,

 Section 61.1 (a) (iv) was added by BC Reg 27/2014, effective March 3, 2014.

 Section 61.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Eligibility for medical services only

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

(a) the person is a person with disabilities who is under age 65 and the person's family unit ceased to be eligible for disability assistance as a result of

(i) employment income earned by the person or the person's spouse,

(ii) money received by 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) any person in the family unit receiving a pension or other payment under the Canada Pension Plan, or

(iv) money or value received by the person or the person's spouse that is maintenance under a maintenance order, maintenance agreement or other agreement,

(b) the person's family unit ceased to be eligible for disability assistance on the day the person became 65 years of age,

(c) the person is a person with disabilities and the person's family unit ceased to be eligible for disability assistance because of

(i) financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, or

(ii) 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 the person's spouse,

(d) the person is a dependant of a person referred to in paragraph (a) or (c), or

(e) the person is a dependant of a person referred to in paragraph (b), if the dependant was a dependant of the person referred to in paragraph (b) on the day that person became 65 years of age and remains a dependant of that person.

[en. B.C. Reg. 114/2010, Sch. 2, s. 1; am. B.C. Reg. 27/2014, s. 2.]

 Section 62 (1) 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 is

(a) a recipient of disability assistance,

(b) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for a disability assistance because of

(i)  employment income earned by the person or the person's spouse,

(ii)  a pension or other payment under the Canada Pension Plan (Canada), or

(iii)  money received by the person or the person's spouse under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry,

(c) a person who was a recipient of disability assistance on the day he or she became 65 years of age and a dependant of that person, if the dependant was a dependant of the person on that day and remains a dependant of that person,

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

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

(f) a person with disabilities who has ceased to be eligible for disability assistance because 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 the person's spouse.

 Section 62 (1) (d.1), (d.2) and (d.3) were added by BC Reg 67/2010, effective April 1, 2010.

 Section 62 (1.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62 (1) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(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 is

(a) a recipient of disability assistance,

(b) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for a disability assistance because of

(i)  employment income earned by the person or the person's spouse, if the person's family unit is receiving premium assistance under the Medicare Protection Act,

(ii)  a pension or other payment under the Canada Pension Plan (Canada), or

(iii)  money received by the person or the person's spouse under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry,

(c) a person who was a recipient of disability assistance on the day he or she became 65 years of age and a dependant of that person, if the dependant was a dependant of the person on that day and remains a dependant of that person,

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

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

(d.2) a dependant of a person referred to in paragraph (b) (ii),

(d.3) a dependant of a person referred to in paragraph (f), if the family unit is receiving premium assistance under the Medicare Protection Act,

(e) a dependent child of a recipient of hardship assistance,

(f) a person with disabilities who has ceased to be eligible for disability assistance because 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 the person's spouse, if the person's family unit is receiving premium assistance under the Medicare Protection Act, or

(g) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

 Section 62 (1.1) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(1.1)  A person eligible to receive a health supplement under subsection (1) (b) (ii), (c) or (d.2) may receive the supplement for a maximum of one year from the date on which that person ceased to be eligible for income assistance.

 Section 62 (1.2) and (1.3) were added by BC Reg 114/2010, effective April 30, 2010.

 Section 62 (1) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(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 disability assistance,

(b) a recipient of hardship assistance, other than under section 38 [applicants who do not meet citizenship requirements],

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

(d) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for disability assistance because of

(i)  employment income earned by the person or the person's spouse, if the family unit is receiving premium assistance under the Medicare Protection Act, or

(ii)  a pension or other payment under the Canada Pension Plan (Canada),

(e) a dependant of a person referred to in paragraph (d) (i), if

(i)  the dependant was a dependant of the person on the day the person ceased to be eligible for disability assistance and remains a dependant of that person, and

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

(e.1) a dependant of a person referred to in paragraph (d) (ii), if the dependant was a dependant of the person on the day the person ceased to be eligible for disability assistance and remains a dependant of that person,

(f) a person who was in receipt of disability assistance on the day he or she reached 65 years of age,

(g) a dependant of a person referred to in 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,

(h) a person referred to in section 62 (1) (f), if the person's family unit is receiving premium assistance under the Medicare Protection Act, or

(i) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

 Section 62 (1.1) BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

(1.1)  A person eligible to receive an optical supplement under subsection (1) (d) (ii), (e.1), (f) or (g) may receive the supplement for a maximum of one year from the date on which the person referred to in subsection (1) (d) (ii) or (f), as applicable, ceased to be eligible for income assistance.

 Section 62 (1.2) and (1.3) were added by BC Reg 114/2010, effective April 30, 2010.

 Section 62 (1) (d.3) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

(d.3) a dependant of a person referred to in paragraph (b) (i), if 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 any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement,

 Section 62 (1) (b) (ii) and (iii) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(ii)  a pension or other payment under the Canada Pension Plan (Canada), or

(iii)  money received by the person or the person's spouse under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry,

 Section 62 (1) (b) (iv) was added by BC Reg 27/2014, effective March 3, 2014.

 Section 62 (1) (d.1) (part) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(d.1) a dependant of a person referred to in paragraph (b) (i), if any person in the family unit

 Section 62 (1.3) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(1.3)  A person who was eligible to receive a health supplement under subsection (1) (b) (i), (d.1), (d.3) or (f) 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.

 Section 62 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

General health supplements

62   (1) Subject to subsections (1.1) and (1.2), 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 is

(a) a recipient of disability assistance,

(b) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for disability assistance because of

(i) employment income earned by the person or the person's spouse, if either the person or the person's spouse

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

(B) 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,

(ii) a pension or other payment under the Canada Pension Plan (Canada),

(iii) money received by the person or the person's spouse under the settlement agreement approved by the Supreme Court in Action No. S50808, Kelowna Registry, or

(iv) money or value received by the person or the person's spouse that is maintenance under a maintenance order, maintenance agreement or other agreement, if either the person or the person's spouse

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

(B) 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,

(c) a person who was a recipient of disability assistance on the day he or she became 65 years of age and a dependant of that person, if the dependant was a dependant of the person on that day and remains a dependant of that person,

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

(d.1) a dependant of a person referred to in paragraph (b) (i) or (iv), if 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 any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement,

(d.2) a dependant of a person referred to in paragraph (b) (ii),

(d.3) a dependant of a person referred to in paragraph (f), if 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 any person in the family unit is receiving the federal spouse's allowance or the federal guaranteed income supplement,

(e) a dependent child of a recipient of hardship assistance,

(f) a person with disabilities who has ceased to be eligible for disability assistance because 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 the person's spouse, 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, or

(g) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

(1.1) A person eligible to receive a health supplement under subsection (1) (b) (ii) or (d.2) may receive the supplement

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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 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.

(1.3) A person who was eligible to receive a health supplement under subsection (1) (b) (i) or (iv), (d.1), (d.3) or (f) 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) A person referred to in subsection (1) (b) or (f) and his or her dependants and a person referred to in subsection (1) (c) cease to be eligible for any supplement under this Division if the person's family unit takes up residence outside British Columbia.

[am. B.C. Regs. 92/2005; 170/2008. App. 2, s. 1; 67/2010, Sch. 2, s. 1; 114/2010, Sch. 2, s. 2; 85/2012, Sch. 2, s. 5; 27/2014, s. 3.]

 Section 62 (b) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(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 62.1 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

 Section 62.1 (1) (d) (i) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(i)  employment income earned by the person or the person's spouse, or

 Section 62.1 (1) (e) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(e) a dependant of a person referred to in paragraph (d), if the dependant was a dependant of the person on the day the person ceased to be eligible for disability assistance and remains a dependant of that person,

 Section 62.1 (1) (e.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62.1 (1) (h) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(h) a person referred to in section 62 (1) (f).

 Section 62.1 (1) (i) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62.1 (1.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62.1 (2) BEFORE repealed by BC Reg 67/2010, effective April 1, 2010.

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

 Section 62.1 (1) (d) (ii) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(ii)  a pension or other payment under the Canada Pension Plan (Canada),

 Section 62.1 (1) (d) (iii) was added by BC Reg 27/2014, effective March 3, 2014.

 Section 62.1 (1) (e) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(e) a dependant of a person referred to in paragraph (d) (i), if

(i)  the dependant was a dependant of the person referred to in paragraph (d) (i) on the date that person ceased to be eligible for disability assistance and remains a dependant of that person, and

(ii)  either the person referred to in paragraph (d) (i) or that person's spouse

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

(B)  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,

 Section 62.1 (1.3) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(1.3)  A person who was eligible to receive an optical supplement under subsection (1) (d) (i), (e) 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.

 Section 62.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Optical supplements

62.1   (1) Subject to subsections (1.1) and (1.2), 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 disability assistance,

(b) a recipient of hardship assistance, other than under section 38 [applicants who do not meet citizenship requirements],

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

(d) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for disability assistance because of

(i) employment income earned by the person or the person's spouse, if either the person or the person's spouse

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

(B) 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,

(ii) a pension or other payment under the Canada Pension Plan (Canada), or

(iii) money or value received by the person or the person's spouse that is maintenance under a maintenance order, maintenance agreement or other agreement, if either the person or the person's spouse

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

(B) 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,

(e) a dependant of a person referred to in paragraph (d) (i) or (iii), if

(i) the dependant was a dependant of the person referred to in paragraph (d) (i) or (iii) on the date that person ceased to be eligible for disability assistance and remains a dependant of that person, and

(ii) either the person referred to in paragraph (d) (i) or (iii) or that person's spouse

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

(B) 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,

(e.1) a dependant of a person referred to in paragraph (d) (ii), if the dependant was a dependant of the person on the day the person ceased to be eligible for disability assistance and remains a dependant of that person,

(f) a person who was in receipt of disability assistance on the day he or she reached 65 years of age,

(g) a dependant of a person referred to in 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,

(h) a person referred to in section 62 (1) (f), 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, or

(i) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

(1.1) A person eligible to receive an optical supplement under subsection (1) (d) (ii) or (e.1) may receive the supplement

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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 eligible to receive an optical supplement under subsection (1) (f) or (g) 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.

(1.3) A person who was eligible to receive an optical supplement under subsection (1) (d) (i) or (iii), (e) 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) Repealed. [B.C. Reg. 67/2010, Sch. 2, s. 2 (h).]

[en. B.C. Reg. 236/2003, Sch. 2, s. 1; am. B.C. Regs. 170/2008, App. 2, s. 2; 67/2010, Sch. 2, s. 2; 114/2010, Sch. 2, s. 3; 27/2014, s. 4.]

 Section 62.2 (1) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(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

 Section 62.2 (1) (c) (i) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(i)  employment income earned by the person or the person's spouse, or

 Section 62.2 (1) (d) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(d) a dependant of a person referred to in paragraph (c), if the dependant was a dependant of the person on the day the person ceased to be eligible for disability assistance and remains a dependant of that person,

 Section 62.2 (1) (d.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62.2 (1) (e) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(e) a dependant of a person who was in receipt of disability assistance on the day he or she reached 65 years of age, 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

 Section 62.2 (1) (f) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(f) a person referred to in section 62 (1) (f), if the person's family unit is receiving premium assistance under the Medicare Protection Act, or

 Section 62.2 (1) (g) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62.2 (1.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 62.2 (2) BEFORE repealed by BC Reg 67/2010, effective April 1, 2010.

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

 Section 62.2 (1) (d.1) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

(d.1) a dependant of a person referred to in paragraph (b) (i), if

(i)  the dependant was a dependant of the person referred to in paragraph (b) (i) on the date that person ceased to be eligible for disability assistance and remains a dependant of that person, and

(ii)  any person in the family unit

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

(B)  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,

 Section 62.2 (1) (a) (xl), (xli) and (xlii) were added by BC Reg 85/2012, effective May 1, 2012.

 Section 62.2 (1) (c) (ii) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(ii)  a pension or other payment under the Canada Pension Plan (Canada),

 Section 62.2 (1) (c) (iii) was added by BC Reg 27/2014, effective March 3, 2014.

 Section 62.2 (1) (d) (part) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(d) a dependant of a person referred to in paragraph (c) (i), if

 Section 62.2 (1.2) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(1.2)  A person who was eligible to receive an eye examination supplement under subsection (1) (c) (i) or (f) 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.

 Section 62.2 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Eye examination supplements

62.2   (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 disability assistance,

(b) a recipient of hardship assistance, other than under section 38 [applicants who do not meet citizenship requirements],

(c) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for disability assistance because of

(i) employment income earned by the person or the person's spouse, if either the person or the person's spouse

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

(B) 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,

(ii) a pension or other payment under the Canada Pension Plan (Canada), or

(iii) money or value received by the person or the person's spouse that is maintenance under a maintenance order, maintenance agreement or other agreement, if either the person or the person's spouse

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

(B) 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 dependant of a person referred to in paragraph (c) (i) or (iii), if

(i) the dependant was a dependant of the person on the day the person ceased to be eligible for disability assistance and remains a dependant of that person, and

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

(d.1) a dependant of a person referred to in paragraph (c) (ii), if the dependant was a dependant of the person on the date that person ceased to be eligible for disability assistance and remains a dependant of that person,

(e) a dependant of a person who, on that person's 65th birthday, is receiving disability assistance, if the dependant was a dependant of that person

(i) on the date that person ceased to be eligible for disability assistance and remains a dependant of that person, and

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

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

(f) a person referred to in section 62 (1) (f), 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, or

(g) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

(1.1) A person eligible to receive an eye examination supplement under subsection (1) (c) (ii) or (d.1) may receive the supplement

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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 an eye examination supplement under subsection (1) (c) (i) or (iii) or (f) 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. 2, s. 3 (h).]

(3) An eye examination supplement may only be provided to or for a person once in any 24 calendar month period.

(4) An eye examination supplement may only be provided if payment for the service is not available under the Medicare Protection Act.

[en. B.C. Reg. 236/2003, Sch. 2, s. 1; am. B.C. Reg. 170/2008, App. 2, s. 3; 67/2010, Sch. 2, s. 3; 114/2010, Sch. 2, s. 4; 85/2012, Sch. 2, s. 6; 27/2014, s. 5.]

 Section 63 BEFORE re-enacted by BC Reg 67/2010, effective April 1, 2010.

 Dental supplement

63  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 eligible for health supplements under section 62 (1) (a) to (d) or (f) [general health supplements].

[am. B.C. Reg. 170/2008, App. 2, s. 4.]

 Section 63 BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

 Dental supplement

63  (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 eligible for health supplements under

(a) section 62 (1) (a), (b) (iii), (d) or (e) [general health supplements],

(b) section 62 (1) (b) (i), (d.1), (d.3) or (f), if the family unit is receiving premium assistance under the Medicare Protection Act,

(c) section 62 (1) (b) (ii), (c) or (d.2), or

(d) section 62 (1) (g).

(2)  A person eligible to receive a health supplement under subsection (1) (c) of this section may receive the supplement for a maximum of one year from the date on which the person referred to in section 62 (1) (b) (ii) or (c), as section 62 (1) (c) relates to the former recipient of disability assistance and as applicable, ceased to be eligible for income assistance.

[en. B.C. Reg. 67/2010, Sch. 2, s. 4.]

 Section 63 (1) (b) (part) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(b) section 62 (1) (b) (i), (d.1), (d.3) or (f), if

 Section 63 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Dental supplement

63   (1) Subject to subsections (2) and (3), 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 eligible for health supplements under

(a) section 62 (1) (a), (b) (iii), (d) or (e) [general health supplements],

(b) section 62 (1) (b) (i) or (iv), (d.1), (d.3) or (f), 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,

(c) section 62 (1) (b) (ii) or (d.2),

(c.1) section 62 (1) (c), or

(d) section 62 (1) (g).

(2) A person eligible to receive a health supplement under section 62 (1) (b) (ii) or (d.2) may receive the supplement

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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 eligible to receive a health supplement under section 62 (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.

(4) 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. 67/2010, Sch. 2, s. 4; am. B.C. Regs. 114/2010, Sch. 2, s. 5; 27/2014, s. 6.]

 Section 63 (b) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(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 63.1 (1) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(1)  The minister may provide a crown and bridgework supplement under section 4.1 of Schedule C to any of the following persons:

 Section 63.1 (1) (b) (i) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(i)  employment income earned by the person or the person's spouse, or

 Section 63.1 (1) (d) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(d) a person referred to in section 62 (1) (f).

 Section 63.1 (1.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 63.1 (2) BEFORE repealed by BC Reg 67/2010, effective April 1, 2010.

(2)  A person referred to in subsection (1) (b) or (c) ceases to be eligible for the supplement if the person's family unit takes up residence outside of British Columbia.

 Section 63.1 BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

 Crown and bridgework supplement

63.1  (1)  Subject to subsection (1.1), the minister may provide a crown and bridgework supplement under section 4.1 of Schedule C to any of the following persons:

(a) a recipient of disability assistance;

(b) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for disability assistance because of

(i)  employment income earned by the person or the person's spouse, if the person's family unit is receiving premium assistance under the Medicare Protection Act, or

(ii)  a pension or other payment under the Canada Pension Plan (Canada);

(c) a person with disabilities who was a recipient of disability assistance on the day he or she became 65 years of age;

(d) a person referred to in section 62 (1) (f), if the family unit is receiving premium assistance under the Medicare Protection Act;

(e) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

(1.1)  A person eligible to receive a crown and bridgework supplement under subsection (1) (b) (ii) or (c) may receive the supplement for a maximum of one year from the date on which the person referred to in subsection (1) (b) (ii) or (c), as applicable, ceased to be eligible for income assistance.

(2)  Repealed. [B.C. Reg. 67/2010, Sch. 2, s. 5 (f).]

[en. B.C. Reg. 430/2003, s. 3; am. B.C. Regs. 170/2008, App. 2, s. 5; 67/2010, Sch. 2, s. 5.]

 Section 63.1 (1) (b) (ii) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(ii)  a pension or other payment under the Canada Pension Plan (Canada);

 Section 63.1 (1) (b) (iii) was added by BC Reg 27/2014, effective March 3, 2014.

 Section 63.1 (1.3) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(1.3)  A person who was eligible to receive a crown and bridgework supplement under subsection (1) (b) (i) or (d) 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.

 Section 63.1 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Crown and bridgework supplement

63.1   (1) Subject to subsections (1.1) and (1.2), the minister may provide a crown and bridgework supplement under section 4.1 of Schedule C to any of the following persons:

(a) a recipient of disability assistance;

(b) a person with disabilities who has not reached 65 years of age and who has ceased to be eligible for disability assistance because of

(i) employment income earned by the person or the person's spouse, if either the person or the person's spouse

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

(B) 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,

(ii) a pension or other payment under the Canada Pension Plan (Canada), or

(iii) money or value received by the person or the person's spouse that is maintenance under a maintenance order, maintenance agreement or other agreement, if either the person or the person's spouse

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

(B) 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;

(c) a person with disabilities who was a recipient of disability assistance on the day he or she became 65 years of age;

(d) a person referred to in section 62 (1) (f), 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, or

(e) a person whose family unit ceases to be eligible for disability assistance because of financial assistance provided through an agreement under section 12.3 of the Child, Family and Community Service Act, during the term of the agreement.

(1.1) A person eligible to receive a crown and bridgework supplement under subsection (1) (b) (ii) may receive the supplement

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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 eligible to receive a crown and bridgework 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.

(1.3) A person who was eligible to receive a crown and bridgework supplement under subsection (1) (b) (i) or (iii) or (d) 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. 2, s. 5 (f).]

[en. B.C. Reg. 430/2003, s. 3; am. B.C. Regs. 170/2008, App. 2, s. 5; 67/2010, Sch. 2, s. 5; 114/2010, Sch. 2, s. 6; 27/2014, s. 7.]

 Section 64 BEFORE repealed by BC Reg 67/2010, effective April 1, 2010.

 Emergency dental and denture supplement

64  The minister may provide any health supplements set out in section 5 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 eligible for health supplements under section 62 (1) [health supplements].

 Section 64 BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

 Emergency dental and denture supplement

64  (1)  Subject to subsection (2), the minister may provide any health supplements set out in section 5 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 eligible for health supplements under

(a) section 62 (1) (a), (b) (iii), (d) or (e) [general health supplements],

(b) section 62 (1) (b) (i), (d.1), (d.3) or (f), if the family unit is receiving premium assistance under the Medicare Protection Act,

(c) section 62 (1) (b) (ii), (c) or (d.2), or

(d) section 62 (1) (g).

(2)  A person eligible to receive a health supplement under subsection (1) (c) of this section may receive the supplement for a maximum of one year from the date on which the person referred to in section 62 (1) (b) (ii) or (c), as section 62 (1) (c) relates to the former recipient of disability assistance and as applicable, ceased to be eligible for income assistance.

[en. B.C. Reg. 67/2010, Sch. 2, s. 6.]

 Section 64 (b) (part) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(b) section 62 (1) (b) (i), (d.1), (d.3) or (f), if

 Section 64 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Emergency dental and denture supplement

64   (1) Subject to subsections (2) and (3), the minister may provide any health supplements set out in section 5 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 eligible for health supplements under

(a) section 62 (1) (a), (b) (iii), (d) or (e) [general health supplements],

(b) section 62 (1) (b) (i) or (iv), (d.1), (d.3) or (f), 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,

(c) section 62 (1) (b) (ii) or (d.2),

(c.1) section 62 (1) (c), or

(d) section 62 (1) (g).

(2) A person eligible to receive a health supplement under section 62 (1) (b) (ii) or (d.2) may receive the supplement

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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 eligible to receive a health supplement under section 62 (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.

(4) 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. 67/2010, Sch. 2, s. 6; am. B.C. Regs. 114/2010, Sch. 2, s. 7; 27/2014, s. 6.]

 Section 65 (1) BEFORE amended by BC Reg 67/2010, 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

 Section 65 (1) (a) and (b) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(a) a person with disabilities who is eligible for health supplements under section 62 (1) (a), (b) or (f), or

(b) a dependent child of a person referred to in paragraph (a).

 Section 65 (2.1) was added by BC Reg 67/2010, effective April 1, 2010.

 Section 65 BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

 Orthodontic supplement

65  (1)  Subject to subsection (2.1), 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 person with disabilities who is eligible for health supplements under

(i)  section 62 (1) (a) or (b) (iii),

(ii)  section 62 (1) (b) (i) or (f), if the family unit is receiving premium assistance under the Medicare Protection Act,

(iii)  section 62 (1) (b) (ii), or

(iv)  section 62 (1) (g), or

(b) a dependent child of a person referred to in

(i)  paragraph (a) (i),

(ii)  paragraph (a) (ii), if the family unit is receiving premium assistance under the Medicare Protection Act,

(iii)  paragraph (a) (iii), or

(iv)  paragraph (a) (iv).

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

(a) have severe skeletal dysplasia with jaw misalignment by 2 or more standard deviations, and

(b) obtain prior authorization from the minister for the orthodontic supplements.

(2.1)  A person eligible to receive orthodontic supplements under subsection (1) (a) (iii) or (b) (iii) of this section may receive the supplements for a maximum of one year from the date on which the person referred to in section 62 (1) (b) (ii), as applicable, ceased to be eligible for income assistance.

(3)  Repealed. [B.C. Reg. 313/2007, s. 2 (e).]

[am. B.C. Regs. 313/2007, s. 2 (e); 170/2008, App. 2, s. 6; 67/2010, Sch. 2, s. 7.]

 Section 65 (1) (a) (ii) (part) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(ii)  section 62 (1) (b) (i) or (f), if

 Section 65 (1) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(1) Subject to subsection (2.1), 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 person with disabilities who is eligible for health supplements under

(i) section 62 (1) (a) or (b) (iii),

(ii) section 62 (1) (b) (i) or (iv) or (f), if

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

(B) 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,

(iii) section 62 (1) (b) (ii), or

(iv) section 62 (1) (g), or

(b) a dependent child of a person referred to in

(i) paragraph (a) (i),

(ii) paragraph (a) (ii), if

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

(B) 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,

(iii) paragraph (a) (iii), or

(iv) paragraph (a) (iv).

 Section 65 (2.1) and (2.2) BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

(2.1) A person eligible to receive orthodontic supplements under subsection (1) (a) (iii) or (b) (iii) of this section may receive the supplements

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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.

(2.2) A person who was eligible to receive orthodontic supplements under subsection (1) (a) (ii) or (b) (ii) 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.

 Section 65 (1) (a) (i) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(i) a dependent child, or

 Section 65 (1) (b) (ii) (A) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(A) the person is a dependent child;

 Section 66 (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 6 [diet supplements] of Schedule C for a recipient of disability 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 of that person if the recipient or dependant requires a special diet for a specific medical condition described in section 6 of Schedule C.

 Section 66 BEFORE re-enacted by BC Reg 145/2015, effective September 1, 2015.

Diet supplement

66   (1) The minister may pay for a diet supplement in accordance with section 6 [diet supplements] of Schedule C for a recipient of disability 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 of that person if the recipient or dependant requires

(a) a special diet for a specific medical condition described in section 6 of Schedule C, or

(b) a special diet described in section 6 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.

(3) The minister may not provide a supplement under this section to or for a family unit for a person on account of whom the minister is providing a supplement under section 67 (1) or (3) [nutritional supplements].

[am. B.C. Regs. 288/2003; 202/2006, s. 2; 317/2008, s. 7; 64/2010, s. 3.]

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

(1)  The minister may provide a nutritional supplement in accordance with section 7 [monthly nutritional supplement] of Schedule C to or for a person with disabilities in a family unit who receives disability assistance under

(a) 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

(b) section 8 [people receiving special care] of Schedule A, if the special care facility is an alcohol or drug treatment center

if the minister is satisfied that all of the following conditions are met:

(c) the minister receives a completed request in the form specified by the minister in which a medical practitioner or nurse practitioner has confirmed that

(i)  the person with disabilities to whom the request relates is being treated by the medical practitioner or nurse practitioner for a chronic, progressive deterioration of health on account of a severe medical condition,

(ii)  as a direct result of the chronic, progressive deterioration of health, the person displays one or more of the following symptoms:

(A)  malnutrition;

(B)  underweight status;

(C)  significant weight change;

(D)  muscle mass loss;

(E)  bone density loss;

(F)  neurological degeneration;

(G)  significant deterioration of an organ;

(H)  moderate to severe immune suppression,

(iii)  for the purpose of alleviating a symptom referred to in subparagraph (ii), the person requires one or more of the items set out in section 7 of Schedule C and specified in the request, and

(iv)  failure to obtain the items referred to in subparagraph (iii) will result in imminent danger to the person's life;

(d) the person is not receiving a supplement under section 2 (3) [general health supplement] of Schedule C;

(e) the person is not receiving a supplement under subsection (3) or section 66 [diet supplements];

(f) the person complies with any requirement of the minister under subsection (2);

(g) the person's family unit does not have any resources available to pay for the items for which the supplement may be provided.

 Section 67 (1.1) was added by BC Reg 68/2010, effective April 1, 2010.

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

(2)  In order to determine or confirm the need or continuing need of a person for whom a supplement is provided under subsection (1), the minister may at any time require that the person obtain a medical opinion from a medical practitioner other than the medical practitioner referred to in subsection (1) (c).

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

(1) The minister may provide a nutritional supplement in accordance with section 7 [monthly nutritional supplement] of Schedule C to or for a person with disabilities in a family unit who receives disability assistance under

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

(a) 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

(b) section 8 [people receiving special care] of Schedule A, if the special care facility is an alcohol or drug treatment centre,

(d) the person is not receiving a supplement under section 2 (3) [general health supplement] of Schedule C,

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

(e) the person is not receiving a supplement under subsection (3) or section 66 [diet supplements],

 Section 67 (3) BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

(3) The minister may provide a nutritional supplement for a period of 3 calendar months to or for a family unit if the supplement is provided to or for a recipient of disability assistance or a dependent child of a recipient of disability assistance if

(a) the recipient or dependent child is not receiving a supplement under subsection (1) of this section or 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.

 Section 67.001 was enacted by BC Reg 145/2015, effective September 1, 2015.

 Section 67.01 (2) (c) BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

(c) who is eligible to receive a health supplement under

(i)  section 62 (1) (b) and was receiving a tube feed nutritional supplement on the date the person ceased to be eligible for disability assistance,

(ii)  section 62 (1) (c) as a person who was a recipient of disability assistance on the day he or she became 65 years of age and was receiving a tube feed nutritional supplement on that day,

(iii)  section 62 (1) (c) as a dependant of a person who was a recipient of disability assistance on the day that person became 65 years of age and was receiving a tube feed nutritional supplement on that day,

(iv)  section 62 (1) (d) as a dependant of a person referred to in section 62 (1) (b) or (f) and was receiving a tube feed nutritional supplement on the date the person referred to in paragraph 62 (1) (b) or (f), as the case may be, ceased to be eligible for disability assistance, or

(v)  section 62 (1) (f) and was receiving a tube feed nutritional supplement on the date the family unit ceased to be eligible for disability assistance, or

 Section 67.01 (2) (c.1) and (c.2) were added by BC Reg 67/2010, effective April 1, 2010.

 Section 67.01 (2) (c.2) (i) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(i)  is eligible to receive a health supplement under section 62 (1) (b) (i), (d.1), (d.3) or (f),

 Section 67.01 (2) 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 disability assistance under section 2 [monthly support allowance], 4 [monthly shelter allowance], 6 [people receiving room and board], 7 [people over 65 years of age], 8 (3) [persons in special care facility] 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) who has ceased to be eligible for disability assistance, but

(i) on the date the family unit ceased to be eligible for disability assistance

(A) was eligible to receive a health supplement under section 62 (1) (b) (ii) or (c) or as a dependant of a person referred to in section 62 (1) (b) (ii), and

(B) was receiving a tube feed nutritional supplement, and

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

(c.1) who has ceased to be eligible for disability assistance, but

(i) is eligible to receive a health supplement under section 62 (1) (b) (iii) or (g) or as a dependant of a person referred to in section 62 (1) (b) (iii), and

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

(c.2) who has ceased to be eligible for disability assistance but

(i) is eligible to receive a health supplement under section 62 (1) (b) (i) or (iv), (d.1), (d.3) or (f),

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

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

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

 Section 67.01 (3) (b) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(b) the person is not receiving a supplement under section 66 [diet supplement] or 67 [nutritional supplement] or a diet, nutritional or tube feed nutritional supplement under section 2 (3) of Schedule C, and

 Section 67.1 BEFORE amended by BC Reg 67/2010, effective April 1, 2010.

 Infant health supplement

67.1  The minister may provide the type of health supplement referred to in section 9 of Schedule C, in accordance with that section, to or for a dependent child of any of the following:

(a) a recipient of disability assistance under Schedule A;

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

(c) a person referred to in section 62 (1) (b) or (f);

(d) a person who was a recipient of disability assistance on the day he or she became 65 years of age.

[en. B.C. Reg. 159/2005, s. 1; am. B.C. Reg. 170/2008, App. 2, s. 7.]

 Section 67.1 BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

 Infant health supplement

67.1  (1)  Subject to subsection (2), the minister may provide the type of health supplement referred to in section 9 of Schedule C, in accordance with that section, to or for a dependent child of any of the following:

(a) a recipient of disability assistance under Schedule A;

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

(c) a person referred to in

(i)  section 62 (1) (b) (i) or (f), if the family unit is receiving premium assistance under the Medicare Protection Act,

(ii)  section 62 (1) (b) (ii), or

(iii)  section 62 (1) (b) (iii);

(d) a person who was a recipient of disability assistance on the day he or she became 65 years of age.

(e) a person referred to in section 62 (1) (g).

(2)  A person eligible to receive a health supplement under subsection (1) (c) (ii) or (d) of this section may receive the supplement for a maximum of one year from the date on which the person referred to in section 62 (1) (b) (ii) ceased to be eligible for income assistance.

[en. B.C. Reg. 159/2005, s. 1; am. B.C. Regs. 170/2008, App. 2, s. 7; 67/2010, Sch. 2., s. 9.]

 Section 67.1 (1) (c) (i) (part) BEFORE amended by BC Reg 27/2014, effective March 3, 2014.

(i)  section 62 (1) (b) (i) or (f), if

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

Infant health supplement

67.1   (1) Subject to subsections (2) and (3), the minister may provide the type of health supplement referred to in section 9 of Schedule C, in accordance with that section, to or for a dependent child of any of the following:

(a) a recipient of disability assistance under Schedule A;

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

(c) a person referred to in

(i) section 62 (1) (b) (i) or (iv) or (f), if

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

(B) 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,

(ii) section 62 (1) (b) (ii), or

(iii) section 62 (1) (b) (iii);

(d) a person who was a recipient of disability assistance on the day he or she became 65 years of age.

(e) a person referred to in section 62 (1) (g).

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

(a) while the person referred to in section 62 (1) (b) (ii) or their spouse

(i) is under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) is aged 65 or more and 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 eligible to receive a health supplement under subsection (1) (d) may receive the supplement

(a) while the person referred to in section 62 (1) (b) (ii) or their spouse 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.

(4) A person who was eligible to receive a health supplement under subsection (1) (c) (i) 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. 159/2005, s. 1; am. B.C. Regs. 170/2008, App. 2, s. 7; 67/2010, Sch. 2, s. 9; 114/2010, Sch. 2, s. 9; 27/2014, s. 6.]

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

Natal supplement

68   (1) The minister may provide a natal supplement in accordance with section 8 [natal supplement] of Schedule C if the supplement is provided to or for a person in the family unit who is a recipient of disability 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 of the recipient.

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

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

[am. B.C. Reg. 317/2008, s. 9.]

 Section 69 BEFORE re-enacted by BC Reg 61/2010, effective April 1, 2010.

 Health supplement for persons facing life threatening health need

69  The minister may provide any health supplement set out in Schedule C [health supplements] to 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 69 (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 69 (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 70.01, Division 4 of Part 5 was enacted by BC Reg 67/2010, effective April 1, 2010.

 Section 70.01 BEFORE amended by BC Reg 114/2010, effective April 30, 2010.

 Transition — continued eligibility

70.01  (1)  A person who, on March 31, 2010, is eligible to receive a supplement referred to in any of sections 62 (1), 62.1 (1), 62.2 (1), 63 (1), 63.1 (1), 64 (1), 65 (1) or 67.1 (1), and either

(a) ceased to receive income assistance because of payments received under the Canada Pension Plan, or

(b) is not eligible for income assistance because the person is 65 years of age or over,

may, despite section 62 (1.1), 62.1 (1.1), 62.2 (1.1), 63 (2), 63.1 (1.1), 64 (2), 65 (2.1) or 67.1 (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 62 (1), 62.1 (1), 62.2 (1), 63 (1), 63.1 (1), 64 (1), 65 (1) or 67.1 (1),

may, despite sections 62 (1.1), 62.1 (1.1), 62.2 (1.1), 63 (2), 63.1 (1.1), 64 (2), 65 (2.1) or 67.1 (2), receive a supplement referred to in any of those sections until April 1, 2011.

(3)  A person described in section 67.01 (2) (c) or (c.2) may, despite section 67.01 (2) (c) (ii) or (c.2) (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. 2, s. 10.]

 Section 70.01 BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

Transition — continued eligibility

70.01   (1) A person who, on March 31, 2010, is eligible to receive a supplement referred to in any of sections 62 (1), 62.1 (1), 62.2 (1), 63 (1), 63.1 (1), 64 (1), 65 (1) or 67.1 (1) and ceased to receive disability assistance because of payments received under the Canada Pension Plan may, despite sections 62 (1.1), 62.1 (1.1), 62.2 (1.1), 63 (2), 63.1 (1.1), 64 (2), 65 (2.1) or 67.1 (2), receive a supplement referred to in any of those sections

(a) while any person in the family unit is

(i) under age 65 and receiving a pension or other payment under the Canada Pension Plan, or

(ii) aged 65 or more and 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.

(2) A person who is not eligible to receive disability assistance because the person is aged 65 or more, but is eligible to receive a supplement referred to in any of sections 62 (1), 62.1 (1), 62.2 (1), 63 (1), 63.1 (1), 64 (1), 65 (1) or 67.1 (1), 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

(a) is a dependant of a person described in subsection (1) or (2) 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 62 (1), 62.1 (1), 62.2 (1), 63 (1), 63.1 (1), 64 (1), 65 (1) or 67.1 (1)

may, despite sections 62 (1.1), 62.1 (1.1), 62.2 (1.1), 63 (2), 63.1 (1.1), 64 (2), 65 (2.1) or 67.1 (2), receive a supplement referred to in any of those sections until April 1, 2011.

(4) A person described in section 67.01 (2) (c) or (c.2) may, despite section 67.01 (2) (c) (ii) or (c.2) (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. 114/2010, Sch. 2, s. 10.]

 Section 70.02 was added by BC Reg 95/2017, effective April 1, 2017.

 Section 70.02 (b) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(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

 In Part 5, Division 6, sections 70.3 and 70.4 were enacted by BC Reg 73/2010, effective June 1, 2010.

 Section 73 (1) (f) and (g) were added by BC Reg 73/2010, effective June 1, 2010.

 Section 74 BEFORE re-enacted by BC Reg 149/2015, effective August 1, 2015.

Deductions for debts owed

74   For the purposes of section 19 (1) (b) [liability for and recovery of debts under the Act] of the Act, the minimum amount that may be deducted is $10 each calendar month.

 Section 74 (6) BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

(6) Despite subsections (1) to (5), if the amount of assistance for which a family unit is eligible for a benefit month is less than the minimum amount to be deducted under this section, the minimum amount that is to be deducted for the purposes of section 19 (1) (b) of the Act for the benefit month is the amount of assistance for which the family unit is eligible for that benefit month.

 Section 74 (6) (a) and (d) BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

(a) the applicable amount in respect of the family unit's transportation allowance, plus

(d) the applicable amount in respect of the family unit's transportation allowance.

 Section 74.1 was enacted by BC Reg 149/2015, effective August 1, 2015.

 Section 75.1 (a) BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

(a) disability assistance or hardship assistance to or for a recipient by cheque or electronic funds transfer or in vouchers, and

 Section 81 was enacted by BC Reg 175/2016, effective September 1, 2016.

 Section 81 BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

Transition for bus pass supplements — persons with disabilities

81   An annual pass is deemed to be a transportation support allowance provided in kind under section 24.1 (1) (b) [disability assistance in the form of transportation support allowance] if the annual pass has been provided to or for one of the following applicants or recipients:

(a) an applicant or recipient who is designated as a person with disabilities and was provided an annual pass for personal use under section 51 (1) (a) [bus pass supplement], as it was immediately before the date this section came into force;

(b) an applicant or recipient who becomes designated as a person with disabilities, who was provided an annual pass for personal use

(i) as the spouse of a person with disabilities under section 51 (1), or

(ii) under section 66 (1) [bus pass supplement] of the Employment and Assistance Regulation, B.C. Reg. 263/2002.

[en. B.C. Reg. 175/2016, App. 1, s. 12.]

 Schedule A, section 1 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Maximum amount of disability assistance before deduction of net income

1  Subject to sections 3 and 6 to 9 of this Schedule, the amount of disability assistance referred to in section 24 (a) [amount of disability 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 2 (0.1) was added by BC Reg 73/2010, effective June 1, 2010.

 Schedule A, section 2 (1) table items 9 to 21 were added by BC Reg 73/2010, effective June 1, 2010.

 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 warrant in section 14.2 [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) 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.

 Schedule A, section 2 (3) to (5) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(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 for any of the reasons listed in section 59 [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.

(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 59 [supplement for delayed, suspended or cancelled family bonus] of this regulation for the current calendar month.

 Schedule A, section 2 (2.1) and (6) were 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 (1) (a.1) was added by BC Reg 175/2016, effective September 1, 2016.

 Schedule A, column 3 of section 2 (1) table BEFORE amended and column 4 was added by BC Reg 175/2016, effective September 1, 2016.

Column 3
Amount of support
$531.42
$672.08
$700.56
$949.06
$949.06
$794.56
$1 043.06
$1 043.06
$572.08
$531.42
$531.42
$531.42
$531.42
$694.56
$694.56
$644.56
$943.06
$943.06
$893.06
$943.06
$893.06

 Schedule A, section 2 (1) table BEFORE amended by BC Reg 95/2017, effective April 1, 2017.

Item Column 1
Family unit composition
Column 2
Age or status of applicant or recipient
Column 3
Amount of base support
Column 4
Amount of
transportation support
1Sole applicant/recipient and no dependent childrenApplicant/recipient is a person with disabilities$556.42$52.00
2Sole applicant/recipient and one or more dependent childrenApplicant/recipient is a person with disabilities$697.08$52.00
3Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age$725.56$52.00
4Two applicants/recipients and no dependent childrenBoth applicants/recipients are persons with disabilities$999.06$104.00
5Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age$974.06$52.00
6Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age$819.56$52.00
7Two applicants /recipients and one or more dependent childrenBoth applicants/recipients are persons with disabilities$1 093.06$104.00
8Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age$1 068.06$52.00
9Sole applicant/recipient and one or more dependent childrenApplicant/recipient is a person with a disability and a warrant has been issued for the applicant/recipient$597.08$52.00
10Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with a disability, and the other is under 65 years of age, and a warrant has been issued for one$556.42$52.00
11Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with a disability, and the other is 65 years of age or older and a warrant has been issued for that applicant/recipient$556.42$52.00
12Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with a disability and a warrant has been issued for that applicant/recipient, and the other is 65 years of age or older$556.42$52.00
13Two applicants/recipients and no dependent childrenBoth applicants/recipients are persons with a disability and a warrant has been issued for one$581.42$104.00
14Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with a disability, and the other is under 65 years of age and a warrant has been issued for that applicant/recipient$719.56$52.00
15Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with a disability and a warrant has been issued for that applicant/recipient, and the other is under 65 years of age$719.56$52.00
16Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with a disability and the other is under 65 years of age, and a warrant has been issued for both$669.56$52.00
17Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with a disability, and the other is 65 years of age or older and a warrant has been issued for that applicant/recipient$968.06$52.00
18Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with a disability and a warrant has been issued for that applicant/recipient, and the other is 65 years of age or older$968.06$52.00
19Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with a disability and the other is 65 years of age or older, and a warrant has been issued for both$918.06$52.00
20Two applicants/recipients and one or more dependent childrenBoth applicants/recipients are persons with a disability and a warrant has been issued for one$993.06$104.00
21Two applicants/recipients and one or more dependent childrenBoth applicants/recipients are persons with a disability and a warrant has been issued for both$943.06$104.00

 Schedule A, section 2 (1) table, column 3 BEFORE amended by BC Reg 153/2017, effective October 1, 2017.

ItemColumn 3
Amount of
base support
($)
1606.42
2747.08
3775.56
41 099.06
51 024.06
6869.56
71 193.06
81 118.06
9647.08
10606.42
11606.42
12606.42
13681.42
14769.56
15769.56
16719.56
171 018.06
181 018.06
19968.06
201 093.06
211 043.06

 Schedule A, section 2 (1) (a.1) BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

(a.1) subject to section 24.1 [disability assistance in the form of transportation support allowance], the amount set out in Column 4 of the following table for the family unit, plus

 Schedule A, section 2 (1) (table) BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

ItemColumn 1
Family unit composition
Column 2
Age or status of applicant or recipient
Column 3
Amount of base support
($)
Column 4
Amount of
transportation support
($)
1Sole applicant / recipient and no dependent childrenApplicant / recipient is a person with disabilities706.4252.00
2Sole applicant / recipient and one or more dependent childrenApplicant / recipient is a person with disabilities847.0852.00
3Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age875.5652.00
4Two applicants / recipients and no dependent childrenBoth applicants / recipients are persons with disabilities1 299.06104.00
5Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age1 124.0652.00
6Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age969.5652.00
7Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities1 393.06104.00
8Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age1 218.0652.00
9Sole applicant / recipient and one or more dependent childrenApplicant / recipient is a person with disabilities and a warrant has been issued for the applicant / recipient747.0852.00
10Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, and the other is under 65 years of age, and a warrant has been issued for one706.4252.00
11Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, and the other is 65 or more years of age and a warrant has been issued for that applicant / recipient706.4252.00
12Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities and a warrant has been issued for that applicant / recipient, and the other is 65 or more years of age706.4252.00
13Two applicants / recipients and no dependent childrenBoth applicants / recipients are persons with disabilities and a warrant has been issued for one881.42104.00
14Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, and the other is under 65 years of age and a warrant has been issued for that applicant / recipient869.5652.00
15Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and a warrant has been issued for that applicant / recipient, and the other is under 65 years of age869.5652.00
16Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and the other is under 65 years of age, and a warrant has been issued for both819.5652.00
17Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, and the other is 65 or more years of age and a warrant has been issued for that applicant / recipient1 118.0652.00
18Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and a warrant has been issued for that applicant / recipient, and the other is 65 or more years of age1 118.0652.00
19Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and the other is 65 or more years of age, and a warrant has been issued for both1 068.0652.00
20Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities and a warrant has been issued for one1 293.06104.00
21Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities and a warrant has been issued for both1 243.06104.00

 Schedule A, section 2, table BEFORE amended by BC Reg 32/2019, effective April 1, 2019.

ItemColumn 1
Family unit composition
Column 2
Age or status of applicant or recipient
Column 3
Amount
($)
1Sole applicant / recipient and no dependent childrenApplicant / recipient is a person with disabilities758.42
2Sole applicant / recipient and one or more dependent childrenApplicant / recipient is a person with disabilities899.08
3Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age927.56
4Two applicants / recipients and no dependent childrenBoth applicants / recipients are persons with disabilities1 403.06
5Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age1 176.06
6Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age1 021.56
7Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities1 497.06
8Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age1 270.06
9Sole applicant / recipient and one or more dependent childrenApplicant / recipient is a person with disabilities and a warrant has been issued for the applicant / recipient799.08
10Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, and the other is under 65 years of age, and a warrant has been issued for one758.42
11Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, and the other is 65 or more years of age and a warrant has been issued for that applicant / recipient758.42
12Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities and a warrant has been issued for that applicant / recipient, and the other is 65 or more years of age758.42
13Two applicants / recipients and no dependent childrenBoth applicants / recipients are persons with disabilities and a warrant has been issued for one985.42
14Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, and the other is under 65 years of age and a warrant has been issued for that applicant / recipient921.56
15Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and a warrant has been issued for that applicant / recipient, and the other is under 65 years of age921.56
16Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and the other is under 65 years of age, and a warrant has been issued for both871.56
17Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, and the other is 65 or more years of age and a warrant has been issued for that applicant / recipient1 170.06
18Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and a warrant has been issued for that applicant / recipient, and the other is 65 or more years of age1 170.06
19Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities and the other is 65 or more years of age, and a warrant has been issued for both1 120.06
20Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities and a warrant has been issued for one1 397.06
21Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities and a warrant has been issued for both1 347.06

 Schedule A, section 3 BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

Prorating of support allowance

3   In the calendar month that contains the date of the applicant's submission of the application for disability assistance (part 2) form, the monthly support allowance is prorated based on the number of days remaining in that calendar month, beginning with the date of that submission.

 Schedule A, section 3 BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

Prorating of support allowance

3   In the calendar month that contains the date of the applicant's submission of the application for disability assistance (part 2) form, the monthly support allowance, except the transportation support allowance, is prorated based on the number of days remaining in that calendar month, beginning with the date of that submission.

 Schedule A, section 3 BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

3   In the calendar month that contains the date of the applicant's submission of the application for disability assistance (part 2) form, the monthly support allowance is prorated based on the number of days remaining in that calendar month, beginning with the date of that submission.

 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 an applicant or recipient who is a person with disabilities is $75, regardless of actual shelter costs.

 Schedule A, section 4 (6) (part) BEFORE amended by BC Reg 62/2010, effective June 1, 2010.

(6)  Despite subsection (2), the maximum monthly shelter allowance for a person who

 Schedule A, section 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, section 4 (2) (part) BEFORE amended by BC Reg 73/2010, effective June 1, 2010.

(2)  The monthly shelter allowance for a family unit is the smaller of

 Schedule A, section 4 (2.1) was added by BC Reg 73/2010, effective June 1, 2010.

 Schedule A, section 4 (5) (part) 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

 Schedule A, section 4 (6) (b) BEFORE amended by BC Reg 73/2010, effective June 1, 2010.

(b) provides confirmation of pregnancy from a medical practitioner or a registrant of the College of Midwives of British Columbia

 Schedule A, section 6 (2) (b) BEFORE repealed by BC Reg 62/2010, effective June 1, 2010.

(b) the amount payable under section 4 (4) of this Schedule.

 Schedule A, section 6 (1) (a) BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

(a) the sum of

(i) the actual cost of the room and board, plus

(ii) $60 for each calendar month for each applicant or recipient, plus

(iii) $40 for each calendar month for each dependent child in the family unit, and

 Schedule A, section 6 (1) (a) (iii) BEFORE amended by BC Reg 95/2017, effective April 1, 2017.

(iii) $25 for each calendar month for each applicant or recipient who is a person with disabilities, plus

 Schedule A, section 6 (1) (a) (iii) BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

(iii) $75 for each calendar month for each applicant or recipient who is a person with disabilities, plus

 Schedule A, section 6 (1) (a) (iv) BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

(iv) subject to section 24.1, a transportation support allowance of $52 for each calendar month for each applicant or recipient who is a person with disabilities, plus

 Schedule A, section 8 (1) (b) BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

(b) a comforts allowance of $95 for each person for each calendar month.

 Schedule A, section 8 (1) (c) was added by BC Reg 175/2016, effective September 1, 2016.

 Schedule A, section 8 (1) (b) BEFORE amended by BC Reg 95/2017, effective April 1, 2017.

(b) a comforts allowance of $120 for each person for each calendar month, plus

 Schedule A, section 8 (1) (b) BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

(b) a comforts allowance of $170 for each person for each calendar month, plus

 Schedule A, section 8 (1) (c) BEFORE repealed by BC Reg 193/2017, effective January 1, 2018.

(c) subject to section 24.1, a transportation support allowance of $52 for each calendar month.

 Schedule B, section 1 (a) (xxx) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(xxx)  a refund provided by the Fair PharmaCare program of the Ministry of Health;

 Schedule B, section 1 (a) (iii) BEFORE repealed by BC Reg 48/2010, effective April 1, 2010.

(iii)  income assistance paid to a child in the home of a relative;

 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) BEFORE amended by BC Reg 180/2010, effective June 1, 2010.

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

 Schedule B, section 1 (a) (xxxvi) BEFORE repealed by BC Reg 180/2010, effective June 1, 2010.

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

 Schedule B, section 1 (a) (xxxix) was added by BC Reg 242/2010, effective July 30, 2010.

 Schedule B, section 1 (a) (xxx) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.

(xxx)  a refund provided by the Fair PharmaCare program of the Ministry of Health Services;

 Schedule B, section 1 (a) (xxi) and (xxiv) BEFORE repealed by BC Reg 85/2012 effective May 1, 2012.

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

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

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

(xxv)  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 (c) and (d) BEFORE amended by BC Reg 332/2012, effective January 1, 2013.

(c) all earned income must be included, except the deductions permitted under section 2 and any earned income exempted under sections 3 and 4, and

(d) all unearned income must be included, except the deductions permitted under section 6 and any income exempted under sections 7 and 8.

 Schedule B, section 1 (d) BEFORE amended by BC Reg 123/2013, effective March 20, 2013.

(d) all unearned income must be included, except the deductions permitted under section 6 and any income exempted under sections 7 and 8.

 Schedule B, section 1 (a) (xliii) was added by BC Reg 31/2014, effective March 17, 2014.

 Schedule B, section 1 (a) (xliv) was added by BC Reg 172/2014, effective September 8, 2014.

 Schedule B, section 1 (c) and (d) BEFORE amended by BC Reg 226/2014, effective January 1, 2015

(c) all earned income must be included, except the deductions permitted under section 2 and any earned income exempted under sections 3, 3.1 and 4, and

(d) all unearned income must be included, except the deductions permitted under section 6 and any income exempted under sections 7, 7.1, 7.2 and 8.

 Schedule B, section 1 (a) (xlv) was added by BC Reg 41/2015, effective April 1, 2015.

 Schedule B, section 1 (a) (xxx) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.

(xxx) 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) (ii) BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

(ii) the basic family care rate paid for foster homes;

 Schedule B, section 1 (a) (xxviii) BEFORE repealed by BC Reg 148/2015, effective September 1, 2015.

(xxviii) 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 (a) (xlv) BEFORE amended by BC Reg 148/2015, effective September 1, 2015.

(xlv) a BC early childhood tax benefit,

 Schedule B, section 1 (a) (xlvi) and (xlvii) were added by BC Reg 148/2015, effective September 1, 2015.

 Schedule B, section 1 (a) (xlviii), (xlix), (l) and (li) were added by BC Reg 204/2015, effective December 1, 2015.

 Schedule B, section 1 (a) (lii) was added by BC Reg 81/2016, effective March 18, 2016.

 Schedule B, section 1 (d) BEFORE amended by BC Reg 233/2016, effective October 1, 2016.

(d) all unearned income must be included, except the deductions permitted under section 6 and any income exempted under sections 7 and 8.

 Schedule B, section 1 (a) (liii) and (liv) were added by BC Reg 283/2016, effective December 7, 2016.

  Schedule B, section 1 (a) (ii) BEFORE repealed by BC Reg 95/2017, effective April 1, 2017.

(ii) the basic family care rate paid in respect of a child in care;

  Schedule B, section (1) (a) (lv), (lvi) and (lvii) were added by BC Reg 95/2017, 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 1 (a) (lviii) was added by BC Reg 179/2017, effective September 30, 2017.

 Schedule B, section 1 (a) (lviv) was added by BC Reg 189/2018, effective October 1, 2018.

 Schedule B, section 1 (a) (lx) was added by BC Reg 19/2019, effective February 11, 2019.

 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)  disability assistance under the Act,

(ii)  income assistance under the Employment and Assistance Act,

(iii)  disability assistance or income assistance under a former Act,

(iv)  a youth allowance under the BC Benefits (Youth Works) Act, or

(v)  any combination of the assistance and allowances referred to in subparagraphs (i) to (iv).

(b) Repealed. [B.C. Reg. 369/2002.]

(2)  The exempt amount for a family unit that qualifies under subsection (1),

(a) in the case of a family unit that is composed of one recipient who is designated as a person with disabilities, is calculated as the lesser of

(i)  $500, and

(ii)  the family unit's total earned income in the calendar month of calculation, or

(b) in the case of a family unit that is composed of two recipients, both of whom are designated as persons with disabilities, is calculated as the lesser of

(i)  $750, and

(ii)  the family unit's total earned income in the calendar month of calculation.

 Schedule B, section 3 (1) BEFORE amended by BC Reg 332/2012, effective January 1, 2013.

(1)  Subject to subsection (2), the amount of earned income calculated under subsection (6) is exempt for a family unit.

 Schedule B, section 3 (2.1) was added by BC Reg 332/2012, effective January 1, 2013.

 Schedule B, section 3 (3) (a.1) was added by BC Reg 332/2012, effective January 1, 2013.

 Schedule B, section 3 BEFORE amended by BC Reg 226/2014, effective January 1, 2015

Calendar month exemption — earned income

3   (1) Subject to subsections (2) and (2.1), the amount of earned income calculated under subsection (3) is exempt for a family unit.

(2) If an application for disability assistance (part 2) form is submitted to the minister, the family unit may not claim an exemption under this section in relation to the first calendar month for which the family unit becomes eligible for disability assistance unless

(a) a member of the family unit who is designated as a person with disabilities previously received disability assistance under the Act or a former Act, or

(b) a member of the family unit received income assistance under the Employment and Assistance Act for the calendar month immediately preceding that first calendar month.

(2.1) A new family unit described in section 3.1 (3) (b), (4) (b), (10) (b) or (11) (b) that does not provide written notice to the minister in accordance with section 3.1 (3) (c), (4) (c), (10) (c) or (11) (c), as applicable, may claim an exemption under this section except in relation to the calendar month in which the new family unit forms.

(3) The exempt amount for a family unit that qualifies under this section is to be calculated as follows:

(a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $800, and

(ii) the family unit's total earned income in the calendar month of calculation;

(a.1) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $1 000, and

(ii) the family unit's total earned income in the calendar month of calculation;

(b) in the case of a family unit that includes two recipients who are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i) $1 600, and

(ii) the family unit's total earned income in the calendar month of calculation.

 Schedule B, section 3 (1) definition of "base amount", paragraphs (a) to (c) BEFORE amended by BC Reg 169/2017, effective October 1, 2017.

(a) $800, in the case of a family unit that includes only one recipient,

(b) $1 000, in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, and

(c) $1 600, in the case of a family unit that includes two recipients who are designated as persons with disabilities;

 Schedule B, section 3 (8) was added by BC Reg 169/2017, effective October 1, 2017.

 Schedule B, section 3.1 was added by BC Reg 332/2012, effective January 1, 2013.

 Schedule B, section 3.1 BEFORE amended by BC Reg 123/2013, effective March 20, 2013.

 Calendar year exemption — earned income

3.1  (1)  Despite section 3 but subject to this section, the amount of earned income in a calendar year calculated under subsection (2) of this section is exempt for a family unit

(a) if

(i)  the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this section applies to the family unit's earned income in the calendar year,

(ii)  a recipient in the family unit

(A)  is designated as a person with disabilities for the consecutive 12 calendar month period, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(B)  is a recipient of disability assistance for the 2 calendar months, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(iii)  for at least one calendar month in the 12 calendar month period immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), the family unit reported, under section 29, earned income in an amount that exceeded

(A)  $500, in the case of a family unit that includes only one recipient who is designated as a person with disabilities, or

(B)  $750, in the case of a family unit that includes two recipients who are designated as persons with disabilities, or

(b) if

(i)  the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this section applies to the family unit's earned income in the calendar year, and

(ii)  an exemption under this section applied to the family unit's earned income in the immediately preceding calendar year.

(2)  Subject to subsections (3) to (16), the exempt amount for a family unit that qualifies for an exemption under this section is calculated as follows:

(a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i)  $9 600, and

(ii)  the family unit's total earned income in the calendar year of calculation;

(b) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i)  $12 000, and

(ii)  the family unit's total earned income in the calendar year of calculation;

(c) in the case of a family unit that includes two recipients who are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i)  $19 200, and

(ii)  the family unit's total earned income in the calendar year of calculation.

(3)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and the recipient who is designated as a person with disabilities was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(i)  included only one recipient, and

(ii)  qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the earned income of the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (10) (c) or (11) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (i) and (ii) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i)  if the recipient who is designated as a person with disabilities

(A)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (i) and (ii) formed, and

(B)  was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(C)  the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii)  if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A)  the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the earned income of the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(4)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients,

(i)  who are designated as persons with disabilities, and

(ii)  only one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  included only one recipient, and

(B)  qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the earned income of the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), (10) (c) or (11) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (ii) (A) and (B) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i)  if the recipient described in paragraph (b) (ii)

(A)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(B)  was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(C)  the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii)  if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A)  the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the earned income of the other family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(5)  If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients,

(i)  who are designated as persons with disabilities, and

(ii)  each of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  included only one recipient, and

(B)  qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as follows:

(c) if only one of the recipients in the new family unit

(i)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii)  was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(iii)  the sum of

(A)  $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient who separated, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B)  the amount referred to in subsection (2) (a) (i) minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient who did not separate, for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

the exempt amount for the new family unit is calculated as follows:

(iv)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(d) if each of the recipients in the new family unit

(i)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii)  was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(iii)  the sum of

(A)  $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which one of the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B)  $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the other recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(iv)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(e) if paragraphs (c) and (d) do not apply, the exempt amount is calculated as the lesser of

(i)  the amount referred to in subsection (2) (c) (i) minus the sum of the earned income of each recipient for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(ii)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(6)  If a family unit that includes two recipients, only one of whom is designated as a person with disabilities,

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (b) (i), as prorated based on the sum of

(i)  the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of family unit's earned income

(i)  in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(7)  If a family unit that includes two recipients who are designated as persons with disabilities

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (c) (i), as prorated based on the sum of

(i)  the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the family unit's earned income

(i)  in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(8)  If a family unit that includes only one recipient

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(i)  the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the family unit's earned income

(i)  in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(9)  If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients who are designated as person with disabilities,

(i)  one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  qualified for an exemption under this section for the calendar year,

(B)  included only one recipient,

(C)  ceased being eligible to receive disability assistance during the calendar year, and

(D)  subsequently became eligible to receive disability assistance during the calendar year, and

(ii)  the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(c) the sum of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A)  the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event occurred, and

(B)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii)  the amount set out in subsection (2) (a) (i) minus the earned income of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(d) the sum of the following amounts:

(i)  the new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms;

(ii)  the earned income of the other family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred;

(iii)  the earned income of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms.

(10)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients who are designated as person with disabilities,

(i)  one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  qualified for an exemption under this section for the calendar year,

(B)  included only one recipient,

(C)  ceased being eligible to receive disability assistance during the calendar year, and

(D)  subsequently became eligible to receive disability assistance during the calendar year, and

(ii)  the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that did not qualify for an exemption under this section for the calendar year, and

(c) provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this section applies to the family unit's earned income in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A)  the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(B)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii)  $800 multiplied by the number of calendar months the other family unit described in paragraph (b) (ii) was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, minus the earned income of the other family unit described in paragraph (b) (ii) in the calendar months that family unit was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, and

(e) the sum of

(i)  new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii)  the earned income of the other family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred.

(11)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and that recipient was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(i)  qualified for an exemption under this section for the calendar year,

(ii)  included only one recipient,

(iii)  ceased being eligible to receive disability assistance during the calendar year, and

(iv)  subsequently became eligible to receive disability assistance during the calendar year, and

(c) the new family unit provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this section applies to the family unit's earned income in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A)  the number of calendar months the family unit described in paragraph (b) (i) to (iii) was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(B)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (b) (iii) occurred,

minus the earned income of the family unit described in paragraph (b) (i) to (iii) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which that event described in paragraph (b) (iii) occurred, and

(ii)  $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(e) the sum of

(i)  new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii)  the earned income of the other family unit described in paragraph (b) (i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred.

(12)  If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) a recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii)  the family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(13)  If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), (4) (c), (10) (c) or (11) (c), as applicable, in the case of the spouse who is not designated as a person with disabilities, is deemed to be cancelled;

(e) the recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(f) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(14)  If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit

(i)  qualified for an exemption under this section for the calendar year,

(ii)  ceased being eligible to receive disability assistance during the calendar year, and

(iii)  immediately before the separation, was ineligible to receive disability assistance during the calendar year, and

(c) the recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(15)  If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit

(i)  qualified for an exemption under this section for the calendar year,

(ii)  ceased being eligible to receive disability assistance during the calendar year, and

(iii)  immediately before the separation, was ineligible to receive disability assistance during the calendar year, and

(c) a recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii)  the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(16)  If a family unit

(a) qualifies for an exemption under this section for a calendar year, and

(b) includes two recipients, one of whom becomes designated as a person with disabilities during the calendar year,

the exempt amount for the family unit, for the period beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, is calculated as the lesser of

(c) the sum of

(i)  the amount set out in subsection (2) (b) (i), minus the family unit's earned income in the calendar year, and

(ii)  $600 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, and

(iii) 

(d) the family unit's earned income in the calendar months the family unit is eligible to receive disability assistance in the calendar year.

(17)  Notice provided in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), 4 (c), 10 (c) or 11 (c) is deemed not to have been provided unless the notice is affirmed by the signature of each recipient in the family unit.

(18)  If a family unit provides notice in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), (4) (c), (10) (c) or (11) (c) the family unit may not withdraw the notice.

(19)  If a family unit provides notice in accordance with a section set out in Column 1 of the following Table, the family unit is deemed to also provide notice in accordance with the section set out in Column 2 that corresponds with the entry in Column 1, if the family unit has not already provided notice in accordance with that section:

Table

Column 1Column 2
s. 3.1 (1) (a) (i)s. 7.2 (1) (a) (i)
s. 3.1 (1) (b) (i)s. 7.2 (1) (b) (i)
s. 3.1 (3) (c)s. 7.2 (4) (c)
s. 3.1 (4) (c)s. 7.2 (5) (c)
s. 3.1 (10) (c)s. 7.2 (11) (c)
s. 3.1 (11) (c)s. 7.2 (12) (c)

(20)  If subsection (19) applies to a notice provided in accordance with this section and that notice is subsequently deemed to be cancelled as set out in the section listed in Column 1 of the following Table, the notice in section 7.2 that was deemed to be provided in accordance with subsection (19) is deemed to be cancelled as set out in the section listed in Column 2:

Table

Column 1Column 2
s. 3.1 (3) (d)s. 7.2 (4) (d)
s. 3.1 (4) (d)s. 7.2 (5) (d)
s. 3.1 (13) (d)s. 7.2 (14) (d)

 Schedule B, section 3.1 BEFORE repealed by BC Reg 226/2014, effective January 1, 2015

Calendar year exemption — earned income

3.1   (1) Despite section 3 but subject to this section, the amount of earned income in a calendar year calculated under subsection (2) of this section is exempt for a family unit

(a) if

(i) the family unit provides written notice to the minister on or before January 14 of the calendar year that the exemption under this section applies to the family unit's earned income in the calendar year,

(ii) a recipient in the family unit

(A) is designated as a person with disabilities for the consecutive 12 calendar month period, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(B) is a recipient of disability assistance for the 2 calendar months, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(iii) for at least one calendar month in the 12 calendar month period immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), the family unit reported, under section 29, earned income in an amount that exceeded

(A) $500, in the case of a family unit that includes only one recipient who is designated as a person with disabilities, or

(B) $750, in the case of a family unit that includes two recipients who are designated as persons with disabilities, or

(b) if

(i) the family unit provides written notice to the minister on or before January 14 of the calendar year that the exemption under this section applies to the family unit's earned income in the calendar year, and

(ii) an exemption under this section applied to the family unit's earned income in the immediately preceding calendar year.

(2) Subject to subsections (3) to (16), the exempt amount for a family unit that qualifies for an exemption under this section is calculated as follows:

(a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $9 600, and

(ii) the family unit's total earned income in the calendar year of calculation;

(b) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $12 000, and

(ii) the family unit's total earned income in the calendar year of calculation;

(c) in the case of a family unit that includes two recipients who are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i) $19 200, and

(ii) the family unit's total earned income in the calendar year of calculation.

(3) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and the recipient who is designated as a person with disabilities was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(i) included only one recipient, and

(ii) qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the earned income of the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (10) (c) or (11) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (i) and (ii) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i) if the recipient who is designated as a person with disabilities

(A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (i) and (ii) formed, and

(B) was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A) the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the earned income of the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(4) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients,

(i) who are designated as persons with disabilities, and

(ii) only one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A) included only one recipient, and

(B) qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the earned income of the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), (10) (c) or (11) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (ii) (A) and (B) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i) if the recipient described in paragraph (b) (ii)

(A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(B) was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A) the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the earned income of the family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(5) If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients,

(i) who are designated as persons with disabilities, and

(ii) each of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A) included only one recipient, and

(B) qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as follows:

(c) if only one of the recipients in the new family unit

(i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the earned income of that recipient for the period beginning on the first day of the calendar month immediately following the calendar month in which that recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B) the amount referred to in subsection (2) (a) (i) minus the earned income of the recipient who did not separate for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(d) if each of the recipients in the new family unit

(i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (12) or (13),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which one of the recipient's separation occurred, minus the earned income of that recipient for the period beginning on the first day of the calendar month immediately following the calendar month in which that recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the other recipient's separation occurred, minus the earned income of that recipient for the period beginning on the first day of the calendar month immediately following the calendar month in which that recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(e) if paragraphs (c) and (d) do not apply, the exempt amount is calculated as the lesser of

(i) the amount referred to in subsection (2) (c) (i) minus the sum of the earned income of each recipient for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(6) If a family unit that includes two recipients, only one of whom is designated as a person with disabilities,

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (b) (i), as prorated based on the sum of

(i) the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the family unit's earned income

(i) in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(7) If a family unit that includes two recipients who are designated as persons with disabilities

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (c) (i), as prorated based on the sum of

(i) the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the family unit's earned income

(i) in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(8) If a family unit that includes only one recipient

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(i) the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the family unit's earned income in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the family unit's earned income

(i) in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(9) If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients who are designated as persons with disabilities,

(i) one of whom was, during the calendar year, part of another family unit that

(A) qualified for an exemption under this section for the calendar year,

(B) included only one recipient,

(C) ceased being eligible to receive disability assistance during the calendar year, and

(D) was, immediately before the new family unit formed, ineligible to receive disability assistance, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(c) the sum of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A) the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii) the amount set out in subsection (2) (a) (i) minus the earned income of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(d) the sum of the following amounts:

(i) the new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms;

(ii) the earned income of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred;

(iii) the earned income of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms.

(10) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients who are designated as persons with disabilities,

(i) one of whom was, during the calendar year, part of another family unit that

(A) qualified for an exemption under this section for the calendar year,

(B) included only one recipient,

(C) ceased being eligible to receive disability assistance during the calendar year, and

(D) was, immediately before the new family unit formed, ineligible to receive disability assistance, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that did not qualify for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the new family unit's earned income in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A) the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(e) the sum of

(i) the new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the earned income of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred.

(11) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and that recipient was, during the calendar year, part of another family unit that

(i) qualified for an exemption under this section for the calendar year,

(ii) included only one recipient,

(iii) ceased being eligible to receive disability assistance during the calendar year, and

(iv) was, immediately before the new family unit formed, ineligible to receive disability assistance, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the new family unit's earned income in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A) the number of calendar months the family unit described in paragraph (b) (i) to (iv) was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the earned income of the family unit described in paragraph (b) (i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(ii) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(e) the sum of

(i) the new family unit's earned income in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the earned income of the family unit described in paragraph (b) (i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred.

(12) If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) a recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(13) If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), (4) (c), (10) (c) or (11) (c), as applicable, in the case of the person who was one of the spouses and is not designated as a person with disabilities, is deemed to be cancelled;

(e) the recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(f) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(14) If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit

(i) qualified for an exemption under this section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) immediately before the separation, was ineligible to receive disability assistance during the calendar year, and

(c) the recipient who was one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(15) If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit

(i) qualified for an exemption under this section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) immediately before the separation, was ineligible to receive disability assistance during the calendar year, and

(c) a recipient who was one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii) the new family unit's earned income for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(16) If a family unit

(a) qualifies for an exemption under this section for a calendar year, and

(b) includes two recipients, one of whom becomes designated as a person with disabilities during the calendar year,

the exempt amount for the family unit, for the period beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, is calculated as the lesser of

(c) the sum of

(i) the amount set out in subsection (2) (b) (i), minus the family unit's earned income in the calendar year, and

(ii) $600 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, and

(d) the family unit's earned income in the calendar months the family unit is eligible to receive disability assistance in the calendar year.

(17) Notice provided in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), 4 (c), 10 (c) or 11 (c) is deemed not to have been provided unless the notice is affirmed by the signature of each recipient in the family unit.

(18) If a family unit provides notice in accordance with subsection (1) (a) (i) or (b) (i), (3) (c), (4) (c), (10) (c) or 11 (c) the family unit may not cancel the notice.

(19) If a family unit provides notice in accordance with a section set out in Column 1 of the following Table, the family unit is deemed to also provide notice in accordance with the section set out in Column 2 that corresponds with the entry in Column 1, if the family unit has not already provided notice in accordance with that section:

Table
Column 1Column 2
s. 3.1 (1) (a) (i)s. 7.2 (1) (a) (i)
s. 3.1 (1) (b) (i)s. 7.2 (1) (b) (i)
s. 3.1 (3) (c)s. 7.2 (4) (c)
s. 3.1 (4) (c)s. 7.2 (5) (c)
s. 3.1 (10) (c)s. 7.2 (11) (c)
s. 3.1 (11) (c)s. 7.2 (12) (c)

(20) If subsection (19) applies to a notice provided in accordance with this section and that notice is subsequently deemed to be cancelled as set out in the section listed in Column 1 of the following Table, the notice in section 7.2 that was deemed to be provided in accordance with subsection (19) is deemed to be cancelled as set out in the section listed in Column 2:

Table
Column 1Column 2
s. 3.1 (3) (d)s. 7.2 (4) (d)
s. 3.1 (4) (d)s. 7.2 (5) (d)
s. 3.1 (13) (d)s. 7.2 (14) (d)

 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 12 (2) [assets held in trust for person with disabilities] of this regulation if

(i)  the payment is applied exclusively to or used exclusively for disability-related costs as defined in section 12 (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 12 (1) of this regulation if

(i)  the payment is applied exclusively to or used exclusively for disability-related costs as defined in section 12 (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), (d.3) 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 12 (1) of this regulation,

(ii) a structured settlement annuity payment that, subject to subsection (2), is made to a person referred to in section 12 (1) of this regulation, or

(iii) money expended by a person referred to in section 12.1 (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 7.1 was added by BC Reg 86/2012, effective May 1, 2012.

 Schedule B, section 7.1 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Exemptions — workers compensation

7.1  (1)  Unearned income that is compensation paid under section 29 or 30 of the Workers Compensation Act is exempt for a family unit if 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

(a) disability assistance under the Act,

(b) income assistance under the Employment and Assistance Act, or

(c) any combination of the assistance referred to in paragraphs (a) and (b).

(2)  Subject to subsection (3), the exempt amount for a family unit that qualifies under subsection (1),

(a) in the case of a family unit that includes not more than one recipient who is designated as a person with disabilities, is calculated as the lesser of

(i)  $500, and

(ii)  the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar month of calculation, or

(b) in the case of a family unit that includes at least two recipients who are designated as persons with disabilities, is calculated as the lesser of

(i)  $750, and

(ii)  the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar month of calculation.

(3)  The exempt amount calculated under subsection (2) must not be greater than the difference between the exempt amount calculated under section 3 (2) of Schedule B and

(a) $500, in the case of a family unit that includes not more than one recipient who is designated as a person with disabilities, or

(b) $750, in the case of a family unit that includes at least two recipients who are designated as persons with disabilities.

 Schedule B, section 7.1 (2.1), (3) (a.1) and (4) (b) (i.1) were added by BC Reg 332/2012, effective January 1, 2013.

 Schedule B, section 7.1 BEFORE repealed by BC Reg 226/2014, effective January 1, 2015.

Calendar month exemption — workers compensation

7.1   (1) Subject to subsection (2), unearned income that is compensation paid under section 29 or 30 of the Workers Compensation Act is exempt for a family unit.

(2) If an application for disability assistance (part 2) form is submitted to the minister, the family unit may not claim an exemption under this section in relation to the first calendar month for which the family unit becomes eligible for disability assistance unless

(a) a member of the family unit who is designated as a person with disabilities previously received disability assistance under the Act or a former Act, or

(b) a member of the family unit received income assistance under the Employment and Assistance Act for the calendar month immediately preceding that first calendar month.

(2.1) A new family unit described in section 7.2 (4) (b), (5) (b), (11) (b) or (12 (b) that does not provide written notice to the minister in accordance with section 7.2 (4) (c), (5) (c), (11) (c) or (12) (c), as applicable, may claim an exemption under this section except in relation to the calendar month in which the new family unit forms.

(3) Subject to subsection (4), the exempt amount for a family unit that qualifies under this section is to be calculated as follows:

(a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $800, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar month of calculation;

(a.1) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $1 000, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar month of calculation;

(b) in the case of a family unit that includes two recipients who are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i) $1 600, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar month of calculation.

(4) The exempt amount calculated under subsection (3) must not be greater than the difference between

(a) the exempt amount calculated under section 3 (3) of this Schedule, and

(b) as applicable,

(i) $800, in the case of a family unit that includes only one recipient who is designated as a person with disabilities,

(i.1) $1 000, in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, or

(ii) $1 600, in the case of a family unit that includes two recipients who are designated as persons with disabilities.

 Schedule B, section 7.2 was added by BC Reg 332/2012, effective January 1, 2013.

 Schedule B, section 7.2 BEFORE amended by BC Reg 123/2013, effective March 20, 2013.

 Calendar year exemption — workers compensation

7.2  (1)  Despite section 7.1 but subject to this section, the amount of unearned income in a calendar year that is compensation paid under sections 29 and 30 of the Workers Compensation Act, as calculated under subsection (2) of this section, is exempt for a family unit

(a) if

(i)  the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this section applies to compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar year,

(ii)  a recipient in the family unit

(A)  is designated as a person with disabilities for the consecutive 12 calendar month period, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(B)  is a recipient of disability assistance for the 2 calendar months, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(iii)  for at least one calendar month in the 12 calendar month period immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), the family unit reported, under section 29 of this regulation, compensation paid under sections 29 and 30 of the Workers Compensation Act in an amount that exceeded

(A)  $500, in the case of a family unit that includes only one recipient who is designated as a person with disabilities, or

(B)  $750, in the case of a family unit that includes two recipients who are designated as persons with disabilities, or

(b) if

(i)  the family unit provides to the minister, on or before January 14 of the calendar year, written notice that the exemption under this section applies to compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar year, and

(ii)  an exemption under this section applied to compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the immediately preceding calendar year.

(2)  Subject to subsections (4) to (17), the exempt amount for a family unit that qualifies for an exemption under this section is calculated as follows:

(a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i)  $9 600, and

(ii)  the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation;

(b) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i)  $12 000, and

(ii)  the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation;

(c) in the case of a family unit that includes two recipients, both of whom are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i)  $19 200, and

(ii)  the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation.

(3)  Despite this section, if a family unit qualifies for an exemption under section 3.1 and under this section, the sum of the amount of

(a) earned income of the family unit, and

(b) total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit,

that is exempted, cannot exceed the exempt amount calculated for the family unit under s. 3.1.

(4)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and the recipient who is designated as a person with disabilities was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(i)  included only one recipient, and

(ii)  qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (5) (c), (11) (c) or (12) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (i) and (ii) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i)  if the recipient who is designated as a person with disabilities

(A)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (i) and (ii) formed, and

(B)  was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(C)  the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii)  if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A)  the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(5)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients,

(i)  who are designated as persons with disabilities, and

(ii)  only one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  included only one recipient, and

(B)  qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (11) (c) or (12) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (ii) (A) and (B) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i)  if the recipient described in paragraph (b) (ii)

(A)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(B)  was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(C)  the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii)  if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A)  the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(6)  If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients,

(i)  who are designated as persons with disabilities, and

(ii)  each of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  included only one recipient, and

(B)  qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as follows:

(c) if only one of the recipients in the new family unit

(i)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii)  was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(iii)  the sum of

(A)  $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient who separated, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B)  the amount referred to in subsection (2) (a) (i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient who did not separate, for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(iv)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(d) if each of the recipients in the new family unit

(i)  was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii)  was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(iii)  the sum of

(A)  $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which one of the recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B)  $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the other recipient's separation occurred, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (ii) (A) and (B), respecting the recipient, for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(iv)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(e) if paragraphs (c) and (d) do not apply, the exempt amount is calculated as the lesser of

(i)  the amount referred to in subsection (2) (c) (i) minus the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to each recipient for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(7)  If a family unit that includes two recipients, only one of whom is designated as a person with disabilities,

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (b) (i), as prorated based on the sum of

(i)  the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit

(i)  in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(8)  If a family unit, that includes two recipients who are designated as persons with disabilities,

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (c) (i), as prorated based on the sum of

(i)  the number of calendar months the family unit was, before the occurrence of the event described in paragraph (b), eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar months the family unit was, before the occurrence of the event described in paragraph (b), eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit

(i)  in the calendar months the family unit was, before the occurrence of the event described in paragraph (b), eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(9)  If a family unit that includes only one recipient

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(i)  the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit

(i)  in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii)  for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(10)  If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients who are designated as persons with disabilities,

(i)  one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  qualified for an exemption under this section for the calendar year,

(B)  included only one recipient,

(C)  ceased being eligible to receive disability assistance during the calendar year, and

(D)  subsequently became eligible to receive disability assistance during the calendar year, and

(ii)  the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(c) the sum of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A)  the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the occurrence of the event described in paragraph (b) (i) (C), eligible to receive disability assistance in the calendar year, including the calendar month in which the event occurred, and

(B)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii)  the amount set out in subsection (2) (a) (i) minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(d) the sum of the following amounts:

(i)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms;

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred;

(iii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms.

(11)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients who are designated as persons with disabilities,

(i)  one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A)  was eligible for an exemption under this section for the calendar year,

(B)  included only one recipient,

(C)  ceased being eligible to receive disability assistance during the calendar year, and

(D)  subsequently became eligible to receive disability assistance during the calendar year, and

(ii)  the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that did not qualify for an exemption under this section for the calendar year, and

(c) provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A)  the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(B)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii)  $800 multiplied by the number of calendar months the other family unit described in paragraph (b) (ii) was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (ii) in the calendar months that family unit was, before the forming of the new family unit, eligible to receive disability assistance in the calendar year, and

(e) the sum of

(i)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred.

(12)  If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and that recipient was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(i)  qualified for an exemption under this section for the calendar year,

(ii)  included only one recipient,

(iii)  ceased being eligible to receive disability assistance during the calendar year, and

(iv)  subsequently became eligible to receive disability assistance during the calendar year, and

(c) provides to the minister, within the calendar month the new family unit forms, written notice that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A)  the number of calendar months the family unit described in paragraph (b) (i) to (iii) was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(B)  the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (b) (iii) occurred,

minus the compensation paid under sections 29 and 30 of the Workers Compensation Act to the family unit described in paragraph (b) (i) to (iii) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which that event described in paragraph (b) (iii) occurred, and

(ii)  $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(e) the sum of

(i)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the other family unit described in paragraph (b) (i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred.

(13)  If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) a recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(14)  If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit was eligible to receive disability assistance,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (5) (c), (11) (c) or (12) (c), as applicable, in the case of the spouse who is not designated as a person with disabilities, is deemed to be cancelled;

(e) the recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(f) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(15)  If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit

(i)  qualified for an exemption under this section for the calendar year,

(ii)  ceased being eligible to receive disability assistance during the calendar year, and

(iii)  was ineligible, immediately before the separation, to receive disability assistance during the calendar year, and

(c) the recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(16)  If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit

(i)  qualified for an exemption under this section for the calendar year,

(ii)  ceased being eligible to receive disability assistance during the calendar year, and

(iii)  was ineligible, immediately before the separation, to receive disability assistance during the calendar year, and

(c) a recipient who is one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i)  the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii)  the compensation paid under sections 29 and 30 of the Workers Compensation Act to the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(17)  If a family unit

(a) qualifies for an exemption under this section for a calendar year, and

(b) includes two recipients, one of whom becomes designated as a person with disabilities during the calendar year,

the exempt amount for the family unit, for the period beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, is calculated as the lesser of

(c) the sum of

(i)  the amount set out in subsection (2) (b) (i), minus the family unit's earned income in the calendar year, and

(ii)  $600 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, and

(d) the family unit's earned income in the calendar months the family unit is eligible to receive disability assistance in the calendar year.

(18)  Notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (5) (c), (11) (c) or (12) (c) is deemed not to have been provided unless the notice is affirmed by the signature of each recipient in the family unit.

(19)  If a family unit provides notice in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (5) (c), (11) (c) or (12) (c) the family unit may not withdraw the notice.

(20)  If a family unit provides notice in accordance with a section set out in Column 1 of the following Table, the family unit is deemed to also provide notice in accordance with the section set out in Column 2 that corresponds with the entry in Column 1, if the family unit has not already provided notice in accordance with that section:

Table

Column 1Column 2
s. 7.2 (1) (a) (i)s. 3.1 (1) (a) (i)
s. 7.2 (1) (b) (i)s. 3.1 (1) (b) (i)
s. 7.2 (4) (c)s. 3.1 (3) (c)
s. 7.2 (5) (c)s. 3.1 (4) (c)
s. 7.2 (11) (c)s. 3.1 (10) (c)
s. 7.2 (12) (c)s. 3.1 (11) (c)

(21)  If subsection (20) applies to a notice provided in accordance with this section and that notice is subsequently deemed to be cancelled as set out in the section listed in Column 1 of the following Table, the notice in section 3.1 that was deemed to be provided in accordance with subsection (20) is deemed to be cancelled as set out in the section listed in Column 2:

Table

Column 1Column 2
s. 7.2 (4) (d)s. 3.1 (3) (d)
s. 7.2 (5) (d)s. 3.1 (4) (d)
s. 7.2 (14) (d)s. 3.1 (13) (d)

 Schedule B, section 7.2 BEFORE repealed by BC Reg 226/2014, effective January 1, 2015.

Calendar year exemption — workers compensation

7.2   (1) Despite section 7.1 but subject to this section, the amount of unearned income in a calendar year that is compensation paid under sections 29 and 30 of the Workers Compensation Act, as calculated under subsection (2) of this section, is exempt for a family unit

(a) if

(i) the family unit provides written notice to the minister on or before January 14 of the calendar year that the exemption under this section applies to compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year,

(ii) a recipient in the family unit

(A) is designated as a person with disabilities for the consecutive 12 calendar month period, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(B) is a recipient of disability assistance for the 2 calendar months, or longer, immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), and

(iii) for at least one calendar month in the 12 calendar month period immediately preceding the calendar month in which the family unit provides notice in accordance with paragraph (a) (i), the family unit reported, under section 29 of this regulation, compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in an amount that exceeded

(A) $500, in the case of a family unit that includes only one recipient who is designated as a person with disabilities, or

(B) $750, in the case of a family unit that includes two recipients who are designated as persons with disabilities, or

(b) if

(i) the family unit provides written notice to the minister on or before January 14 of the calendar year that the exemption under this section applies to compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year, and

(ii) an exemption under this section applied to compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the immediately preceding calendar year.

(2) Subject to subsections (4) to (17), the exempt amount for a family unit that qualifies for an exemption under this section is calculated as follows:

(a) in the case of a family unit that includes only one recipient who is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $9 600, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation;

(b) in the case of a family unit that includes two recipients, only one of whom is designated as a person with disabilities, the exempt amount is calculated as the lesser of

(i) $12 000, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation;

(c) in the case of a family unit that includes two recipients who are designated as persons with disabilities, the exempt amount is calculated as the lesser of

(i) $19 200, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year of calculation.

(3) Despite this section, if a family unit qualifies for an exemption under section 3.1 and under this section, the sum of the amount of

(a) earned income of the family unit, and

(b) total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit,

that is exempted, cannot exceed the exempt amount calculated for the family unit under section 3.1.

(4) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and the recipient who is designated as a person with disabilities was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(i) included only one recipient, and

(ii) qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (5) (c), (11) (c) or (12) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (i) and (ii) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i) if the recipient who is designated as a person with disabilities

(A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (i) and (ii) formed, and

(B) was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A) the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) and (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(5) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients,

(i) who are designated as persons with disabilities, and

(ii) only one of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A) included only one recipient, and

(B) qualified for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar year,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (11) (c) or (12) (c), or paragraph (c) of this subsection, as applicable, by the family unit described in paragraph (b) (ii) (A) and (B) is deemed to be cancelled as of the day the new family unit forms;

(e) the exempt amount for the new family unit is calculated as follows:

(i) if the recipient described in paragraph (b) (ii)

(A) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(B) was one of two spouses in the other family unit described in clause (A) of this subparagraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(C) the sum of

(I) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar month immediately following the calendar month in which the recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(D) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(ii) if subparagraph (i) does not apply, the exempt amount is calculated as the lesser of

(A) the sum of

(I) the amount referred to in subsection (2) (a) (i) minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (ii) (A) and (B) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(II) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit forms, and

(B) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(6) If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients,

(i) who are designated as persons with disabilities, and

(ii) each of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that

(A) included only one recipient, and

(B) qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as follows:

(c) if only one of the recipients in the new family unit

(i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient's separation occurred, minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to that recipient for the period beginning on the first day of the calendar month immediately following the calendar month in which that recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B) the amount referred to in subsection (2) (a) (i) minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the recipient who did not separate for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(d) if each of the recipients in the new family unit

(i) was, during the calendar year, part of another family unit immediately before the family unit described in paragraph (b) (ii) (A) and (B) formed, and

(ii) was one of two spouses in the other family unit described in subparagraph (i) of this paragraph who separated as set out in subsection (13) or (14),

the exempt amount is calculated as the lesser of

(iii) the sum of

(A) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which one of the recipient's separation occurred, minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to that recipient for the period beginning on the first day of the calendar month immediately following the calendar month in which that recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(B) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the other recipient's separation occurred, minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to that recipient for the period beginning on the first day of the calendar month immediately following the calendar month in which that recipient's separation occurred and ending on the first day of the calendar month in which the new family unit forms, and

(iv) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year;

(e) if paragraphs (c) and (d) do not apply, the exempt amount is calculated as the lesser of

(i) the amount referred to in subsection (2) (c) (i) minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the recipients for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the new family unit forms and ending on the last day of the calendar year.

(7) If a family unit that includes two recipients, only one of whom is designated as a person with disabilities,

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (b) (i), as prorated based on the sum of

(i) the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit

(i) in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(8) If a family unit that includes two recipients who are designated as persons with disabilities,

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (c) (i), as prorated based on the sum of

(i) the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit

(i) in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(9) If a family unit that includes only one recipient

(a) qualifies for an exemption under this section for a calendar year,

(b) ceased being eligible to receive disability assistance during the calendar year, and

(c) subsequently became eligible to receive disability assistance during the calendar year,

the exempt amount for the family unit, for the period the family unit is subsequently eligible to receive disability assistance during the calendar year, is calculated as the lesser of

(d) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(i) the number of calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) occurred, and

(ii) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurred,

minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(e) the sum of the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit

(i) in the calendar months the family unit was, before the event described in paragraph (b) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) occurred, and

(ii) for the period beginning on the first day of the calendar month immediately following the month in which the event described in paragraph (c) occurred and ending on the last day of the calendar year.

(10) If a new family unit

(a) forms during a calendar year, and

(b) includes two recipients who are designated as persons with disabilities,

(i) one of whom was, during the calendar year, part of another family unit that

(A) qualified for an exemption under this section for the calendar year,

(B) included only one recipient,

(C) ceased being eligible to receive disability assistance during the calendar year, and

(D) was, immediately before the new family unit formed, ineligible to receive disability assistance, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that qualified for an exemption under this section for the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(c) the sum of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A) the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii) the amount set out in subsection (2) (a) (i) minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms, and

(d) the sum of the following amounts:

(i) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms;

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred;

(iii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the other family unit described in paragraph (b) (ii) for the period beginning on the first day of the calendar year and ending on the first day of the calendar month in which the new family unit forms.

(11) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients who are designated as persons with disabilities,

(i) one of whom was, during the calendar year, part of another family unit that

(A) was eligible for an exemption under this section for the calendar year,

(B) included only one recipient,

(C) ceased being eligible to receive disability assistance during the calendar year, and

(D) was, immediately before the new family unit formed, ineligible to receive disability assistance, and

(ii) the other of whom was, during the calendar year and immediately before the new family unit formed, part of another family unit that did not qualify for an exemption under this section for the calendar year, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A) the number of calendar months the family unit described in paragraph (b) (i) (A) to (D) was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred, and

(ii) $800 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(e) the sum of

(i) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) (A) to (D) in the calendar months that family unit was, before the event described in paragraph (b) (i) (C) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (i) (C) occurred.

(12) If a new family unit

(a) forms during a calendar year,

(b) includes two recipients, only one of whom is designated as a person with disabilities, and that recipient was, during the calendar year, part of another family unit that

(i) qualified for an exemption under this section for the calendar year,

(ii) included only one recipient,

(iii) ceased being eligible to receive disability assistance during the calendar year, and

(iv) was, immediately before the new family unit formed, ineligible to receive disability assistance, and

(c) provides written notice to the minister within the calendar month the new family unit forms that the exemption under this section applies to the compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar year,

the exempt amount for the new family unit is calculated as the lesser of

(d) the sum of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the sum of

(A) the number of calendar months the family unit described in paragraph (b) (i) to (iv) was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(B) the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance,

minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred, and

(ii) $200 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the new family unit is eligible to receive disability assistance, and

(e) the sum of

(i) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit in the calendar months the new family unit is eligible to receive disability assistance in the calendar year, not including the calendar month in which the new family unit forms, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to the member of the family unit described in paragraph (b) (i) to (iv) in the calendar months that family unit was, before the event described in paragraph (b) (iii) occurred, eligible to receive disability assistance in the calendar year, not including the calendar month in which the event described in paragraph (b) (iii) occurred.

(13) If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) a recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(14) If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit, immediately before the separation, qualified for an exemption under this section for the calendar year, and

(c) the separation occurs when the family unit is eligible to receive disability assistance,

the following apply:

(d) the notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (5) (c), (11) (c) or (12) (c), as applicable, in the case of the person who was one of the spouses and is not designated as a person with disabilities, is deemed to be cancelled;

(e) the recipient who was one of the spouses is, immediately after the separation, part of a new family unit that includes only one recipient;

(f) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the separation occurs, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the separation occurs and ending on the last day of the calendar year.

(15) If

(a) spouses in a family unit, only one of whom is designated as a person with disabilities, separate during a calendar year,

(b) the family unit

(i) qualified for an exemption under this section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) was ineligible, immediately before the separation, to receive disability assistance during the calendar year, and

(c) the recipient who was one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(16) If

(a) spouses in a family unit, who are designated as persons with disabilities, separate during a calendar year,

(b) the family unit

(i) qualified for an exemption under this section for the calendar year,

(ii) ceased being eligible to receive disability assistance during the calendar year, and

(iii) was ineligible, immediately before the separation, to receive disability assistance during the calendar year, and

(c) a recipient who was one of the spouses subsequently becomes eligible to receive disability assistance during the calendar year,

the following apply:

(d) the recipient is, on the occurrence of the event described in paragraph (c), part of a new family unit that includes only one recipient;

(e) the exempt amount for the new family unit is calculated as the lesser of

(i) the amount set out in subsection (2) (a) (i), as prorated based on the number of calendar months remaining in the calendar year beginning with the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs, and

(ii) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the new family unit for the period beginning on the first day of the calendar month immediately following the calendar month in which the event described in paragraph (c) occurs and ending on the last day of the calendar year.

(17) If a family unit

(a) qualifies for an exemption under this section for a calendar year, and

(b) includes two recipients, one of whom becomes designated as a person with disabilities during the calendar year,

the exempt amount for the family unit, for the period beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, is calculated as the lesser of

(c) the sum of

(i) the amount set out in subsection (2) (b) (i), minus the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar year, and

(ii) $600 multiplied by the number of calendar months remaining in the calendar year, beginning with the calendar month immediately following the calendar month in which the recipient becomes designated as a person with disabilities, and

(d) the total compensation paid under sections 29 and 30 of the Workers Compensation Act to members of the family unit in the calendar months the family unit is eligible to receive disability assistance in the calendar year.

(18) Notice provided in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (5) (c), (11) (c) or (12) (c) is deemed not to have been provided unless the notice is affirmed by the signature of each recipient in the family unit.

(19) If a family unit provides notice in accordance with subsection (1) (a) (i) or (b) (i), (4) (c), (5) (c), (11) (c) or (12) (c) the family unit may not cancel the notice.

(20) If a family unit provides notice in accordance with a section set out in Column 1 of the following Table, the family unit is deemed to also provide notice in accordance with the section set out in Column 2 that corresponds with the entry in Column 1, if the family unit has not already provided notice in accordance with that section:

Table
Column 1Column 2
s. 7.2 (1) (a) (i)s. 3.1 (1) (a) (i)
s. 7.2 (1) (b) (i)s. 3.1 (1) (b) (i)
s. 7.2 (4) (c)s. 3.1 (3) (c)
s. 7.2 (5) (c)s. 3.1 (4) (c)
s. 7.2 (11) (c)s. 3.1 (10) (c)
s. 7.2 (12) (c)s. 3.1 (11) (c)

(21) If subsection (20) applies to a notice provided in accordance with this section and that notice is subsequently deemed to be cancelled as set out in the section listed in Column 1 of the following Table, the notice in section 3.1 that was deemed to be provided in accordance with subsection (20) is deemed to be cancelled as set out in the section listed in Column 2:

Table
Column 1Column 2
s. 7.2 (4) (d)s. 3.1 (3) (d)
s. 7.2 (5) (d)s. 3.1 (4) (d)
s. 7.2 (14) (d)s. 3.1 (13) (d)

 Schedule B, section 8 BEFORE amended by BC Reg 145/2015, effective September 1, 2015.

Minister's discretion to exempt education related unearned income

8   (1) In this section:

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

(2) The minister may authorize an exemption for a student up to the sum of the student's education costs and day care costs, for a period of study, from the total amount of the following received by the student for the period of study:

(a) a training allowance;

(b) student financial assistance;

(c) student grants, bursaries and scholarships;

(d) disbursements from a registered education savings plan.

 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 59 [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 58 [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 58 [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. 2 (d).]

 Schedule B, section 1 (a) (liv.1) and (liv.2) were added by BC Reg 150/2018, effective July 16, 2018.

 Schedule B, section 1 (a) (lviv) was added by BC Reg 189/2018, effective October 1, 2018.

 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 repealed 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 definition of "basic 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;

 Schedule C, section 1 definition of "basic dental service", paragraph (a) was added by BC Reg 65/2010, effective April 1, 2010.

 Schedule C, section 1 definition of "dental hygienist" was added by BC Reg 65/2010, effective April 1, 2010.

 Schedule C, section 1 definition of "emergency dental service" BEFORE amended by BC Reg 65/2010, effective April 1, 2010.

"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 "hearing instrument", "occupational therapist", "physical therapist" and "physical therapy" were added by BC Reg 85/2012, effective May 1, 2012.

 Schedule C section 2 table, item 6 BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

6physiotherapyphysiotherapistCollege of Physical Therapists of British Columbia under the Health Professions Act

 Schedule C section 2 (2) and (2.1) BEFORE amended by BC Reg 85/2012, effective May 1, 2012.

(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 62 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 1 definitions of "basic dental service" 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,

(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;

"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) (c) item 5 of table BEFORE amended by BC Reg 169/2010 February 1, 2011.

ItemServiceProvided byRegistered with
5non-surgical podiatrypodiatristBritish Columbia Association of Podiatrists under the Podiatrists Act

 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) (a.1) and (a.2) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3 (1) (c) (part) BEFORE amended by BC Reg 412/2008, effective April 1, 2010.

(c) hearing aids, if

 Schedule C, section 3 (1) (c) (iii) BEFORE amended by BC Reg 412/2008, effective April 1, 2010.

(iii)  the person has received the pre-authorization of the minister for the hearing aid, and

 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 62 [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. 10 (e).]

(ii)  medically essential for basic mobility,

(iii)  Repealed. [B.C. Reg. 317/2008, s. 10 (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 instruments, 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 instrument, 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. 10 (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 BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

 Medical equipment and devices

3  (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

(a) the supplements are provided to a family unit that is eligible under section 62 [general health supplements] of this regulation, and

(b) all of the following requirements are met:

(i)  the family unit has received the pre-authorization of the minister for the medical equipment or device requested;

(ii)  there are no resources available to the family unit to pay the cost of or obtain the medical equipment or device;

(iii)  the medical equipment or device is the least expensive appropriate medical equipment or device.

(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:

(a) a prescription of a medical practitioner or nurse practitioner for the medical equipment or device;

(b) an assessment by an occupational therapist or physical therapist confirming the medical need for the medical equipment or device.

(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

(a) it is more economical to replace than to repair the medical equipment or device previously provided by the minister, and

(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.

(4)  Subject to subsection (6), the minister may provide as a health supplement repairs of medical equipment or a medical device that was previously provided by the minister if it is more economical to repair the medical equipment or device than to replace it.

(5)  Subject to subsection (6), the minister may provide as a health supplement repairs of medical equipment or a medical device that was not previously provided by the minister if

(a) at the time of the repairs the requirements in this section and section 3.1 to 3.11 of this Schedule, as applicable, are met in respect of the medical equipment or device being repaired, and

(b) it is more economical to repair the medical equipment or device than to replace it.

(6)  The minister may not provide a replacement of medical equipment or a medical device under subsection (3) or repairs of medical equipment or a medical device under subsection (4) or (5) if the minister considers that the medical equipment or device was damaged through misuse.

 Schedule C, section 3.1 BEFORE amended by BC Reg 61/2010, effective April 1, 2010.

 Orthotics

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, section 3.2 to 3.11 were added 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 amended 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 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 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) definition of "orthosis", paragraphs (n) and (o) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.10 (9), Table 1, items 14 and 15 were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 3.10 (10), Table 2, item 14 was added 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 3.10 (1) in the definition of "orthosis", paragraph (p) was added by BC Reg 94/2018, effective May 15, 2018.

 Schedule C, section 3.10 (11) (e) BEFORE repealed by BC Reg 94/2018, effective May 15, 2018.

(e) a walking boot for a fracture.

 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 renumbered 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 3.12 was added by BC Reg 197/2012, effective October 1, 2012.

 Schedule C, section 4 (1) 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.

 Schedule C, section 4 (1.1) (a) BEFORE amended by BC Reg 65/2010, effective April 1, 2010.

(a) $700 each calendar year, if provided to a dependent child, and

 Schedule C, section 4 (1) (a) BEFORE amended by BC Reg 161/2017, effective September 1, 2017.

(a) in respect of a dependent child, 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 6 (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 6 (1) (h) and (i) were added by BC Reg 64/2010, effective April 1, 2010.

 Schedule C, section 6 (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 7 (a) and (c) BEFORE amended by BC Reg 68/2010, effective April 1, 2010.

(a) for additional nutritional items that are part of a caloric supplementation to a regular dietary intake, $165 each month;

(b) for bottled water for a person suffering moderate to severe immune suppression, $20 each month;

(c) for vitamins and minerals, $40 each month.

 Schedule C, section 7 (b) BEFORE repealed by BC Reg 68/2010, effective April 1, 2010.

(b) for bottled water for a person suffering moderate to severe immune suppression, $20 each month;

 Schedule C, section 10 was added by BC Reg 68/2010, effective April 1, 2010.

 Schedule C, section 10 BEFORE repealed by BC Reg 145/2015, effective September 1, 2015.

Transitional — nutritional supplement for bottled water

10   A person who has been provided with a nutritional supplement for bottled water in accordance with Schedule C of the Employment and Assistance for Persons with Disabilities Regulation, as it read on March 31, 2010, may continue to be provided with a nutritional supplement for bottled water in the amount of $20 monthly until May 31, 2010.

 Schedule C, section 11 was added by BC Reg 118/2017, effective April 1, 2017.

 Table, column 3 in schedule D BEFORE amended by BC Reg 32/2019, effective April 1, 2019.

Column 3
Amount of support
($)
758.42
899.08
927.56
1 403.06
1 176.06
1 021.56
1 497.06
1 270.06

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

(b) employment insurance,

 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), (4) and (7) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(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 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 59 [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.

(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) was 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 59 [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 59 [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 58 [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 58 [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. 2 (e).]

 Schedule D, section 3 BEFORE amended by BC Reg 193/2017, effective January 1, 2018.

Purpose of support allowance

3   Any amount provided under this Schedule for support is intended to be used by the recipient to meet the food, clothing and transportation needs of the family unit.

 Schedule D, section 4 (2) (a) and (b) BEFORE amended by BC Reg 151/2018, effective July 16, 2018.

(a) applicants in a family unit complete and submit an application for disability assistance (part 2) form, and

(b) for the calendar month that includes the date of that application, a portion of the shelter costs for that family unit has been paid,

 Schedule D, section 6 (aa) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(xxx)  a refund provided by the Fair PharmaCare program of the Ministry of Health;

 Schedule D, section 6 (f) BEFORE amended by BC Reg 180/2010, effective June 1, 2010.

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

 Schedule D, section 6 (gg) BEFORE repealed by BC Reg 180/2010, effective June 1, 2010.

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

 Schedule D, section 6 (jj) was added by BC Reg 242/2010, effective July 30, 2010.

 Schedule D, section 6 (aa) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.

(aa) a refund provided by the Fair PharmaCare program of the Ministry of Health Services;

 Schedule D, section 6 (t) and (w) BEFORE repealed by BC Reg 85/2012, effective May 1, 2012.

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

(w) 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 (kk), (ll) and (mm) were added by BC Reg 85/2012, effective May 1, 2012.

 Schedule D, section 6 (x) BEFORE amended by BC Reg 197/2012, effective October 1, 2012.

(x) 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 D, section 6 (nn), (oo) and (pp) were added by BC Reg 197/2012, effective October 1, 2012.

 Schedule D, section 6 (qq) was added by BC Reg 31/2014, effective March 17, 2014.

 Schedule D, section 6 (rr) was added by BC Reg 172/2014, effective September 8, 2014.

 Schedule D, section 6 (ss) was added by BC Reg 41/2015, effective April 1, 2015.

 Schedule D, section 6 (aa) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.

(aa) 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) BEFORE amended by BC Reg 148/2015, effective September 1, 2015.

(ss) a BC early childhood tax benefit.

 Schedule D, section 6 (tt) and (uu) were added by BC Reg 148/2015, effective September 1, 2015.

 Schedule D, section 6 (vv), (ww), (xx) and (yy) were added by BC Reg 204/2015, effective December 1, 2015.

 Schedule D, section 6 (zz) was added by BC Reg 81/2016, effective March 18, 2016.

 Schedule D, section 6 (aaa) and (bbb) were added by BC Reg 283/2016, effective December 7, 2016.

  Schedule D, section 6 (ccc), (ddd) and (eee) were added by BC Reg 95/2017, effective April 1, 2017.

 Schedule D, section 6 (c.1) was added by BC Reg 34/2017, effective July 1, 2017.

 Schedule D, section 6 (fff) was added by BC Reg 179/2017, effective September 30, 2017.

 Schedule D, section 6 (bbb.1) and (bbb.2) were added by BC Reg 150/2018, effective July 16, 2018.

 Schedule D, section 6 (ggg) was added by BC Reg 189/2018, effective October 1, 2018.

 Schedule D, section 6 (hhh) was added by BC Reg 19/2019, effective February 11, 2019.

 Schedule D, table 1, column 3 BEFORE amended by BC Reg 175/2016, effective September 1, 2016.

Column 3
Amount of support
$531.42
$672.08
$700.56
$949.06
$949.06
$794.56
$1 043.06
$1 043.06

 Schedule D, table 1 BEFORE amended by BC Reg 95/2017, effective April 1, 2017.

ItemColumn 1
Family unit composition
Column 2
Age or status of applicant or recipient
Column 3
Amount of support
1Sole applicant/recipient and no dependent childrenApplicant/recipient is a person with disabilities$608.42
2Sole applicant/recipient and one or more dependent childrenApplicant/recipient is a person with disabilities$749.08
3Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age$777.56
4Two applicants/recipients and no dependent childrenBoth applicants/recipients are persons with disabilities$1 103.06
5Two applicants/recipients and no dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age$1 026.06
6Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age$871.56
7Two applicants/recipients and one or more dependent childrenBoth applicants/recipients are persons with disabilities$1 197.06
8Two applicants/recipients and one or more dependent childrenOne applicant/recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age$1 120.06

 Schedule D, table 1 BEFORE amended by BC Reg 153/2017, effective October 1, 2017.

ItemColumn 1
Family unit composition
Column 2
Age or status of applicant or recipient
Column 3
Amount of support
($)
1Sole applicant / recipient and no dependent childrenApplicant / recipient is a person with disabilities758.42
2Sole applicant / recipient and one or more dependent childrenApplicant / recipient is a person with disabilities899.08
3Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age927.56
4Two applicants / recipients and no dependent childrenBoth applicants / recipients are persons with disabilities1 403.06
5Two applicants / recipients and no dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age1 176.06
6Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is under 65 years of age1 021.56
7Two applicants / recipients and one or more dependent childrenBoth applicants / recipients are persons with disabilities1 497.06
8Two applicants / recipients and one or more dependent childrenOne applicant / recipient is a person with disabilities, the other is not a person with disabilities and is 65 or more years of age1 270.06