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Volume 59, No. 12
175/2016
The British Columbia Gazette, Part II
July 12, 2016

B.C. Reg. 175/2016, deposited July 11, 2016, under the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26] and the EMPLOYMENT AND ASSISTANCE ACT [section 35]. Order in Council 507/2016, approved and ordered July 8, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective September 1, 2016,

(a) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix 1, and

(b) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached Appendix 2.

— M. STILWELL, Minister of Social Development and Social Innovation; M. BERNIER, Presiding Member of the Executive Council.

Appendix 1

1 The Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended in section 1 (1) by adding the following definition:

“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); .

2 Section 4 is amended by adding “, unless the eligibility of the family unit is re-established in accordance with the process set out in section 4.4” after “4.1 and 4.2”.

3 The following section is added:

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.

4 Section 24 is amended by striking out “Disability assistance” and substituting “Subject to section 24.1 (3), disability assistance”.

5 The following section is added to Division 5 of Part 2:

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.

6 The following section is added to Division 3 of Part 3:

Voluntary reporting

29.1  For the purpose of the re-establishment of eligibility under section 4.4 [re-establishment of eligibility for disability assistance], voluntary reports may be submitted on a monthly basis in respect of a family unit described in that section in the same manner and using the same form as in section 29.

7 Section 51 is amended

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

(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 the spouse of a person with disabilities in the family unit if that spouse

(a) is 60 or more years of age,

(b) receives the federal spouse’s allowance or federal guaranteed income supplement, or

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

(b) in subsection (2) by adding “or in a transportation service region, as defined in the South Coast British Columbia Transportation Authority Act” after “British Columbia Transit Act”.

8 Section 56 is amended by adding the following subsection:

(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.

9 Section 56.1 is amended by adding the following subsection:

(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.

10 Section 74 is amended by repealing subsection (6) and substituting the following:

(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

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

(b) 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 an amount that is equal to

(c) the amount of assistance for which the family unit is eligible for the benefit month, minus

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

11 Section 75.1 (a) is amended by adding “or in kind” after “vouchers”.

12 The following section is added:

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.

13 Section 2 of Schedule A is amended

(a) in subsection (1) by adding the following paragraph:

(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 , and

(b) by striking out Column 3 of the table that appears after subsection (1) (b) and substituting the following columns:

Column 3
Amount of base support
Column 4
Amount of transportation support
$556.42 $52.00
$697.08 $52.00
$725.56 $52.00
$999.06 $104.00
$974.06 $52.00
$819.56 $52.00
$1 093.06 $104.00
$1 068.06 $52.00
$597.08 $52.00
$556.42 $52.00
$556.42 $52.00
$556.42 $52.00
$581.42 $104.00
$719.56 $52.00
$719.56 $52.00
$669.56 $52.00
$968.06 $52.00
$968.06 $52.00
$918.06 $52.00
$993.06 $104.00
$943.06 $104.00

14 Section 3 of Schedule A is amended by adding “, except the transportation support allowance,” after “monthly support allowance”.

15 Section 6 (1) of Schedule A is amended by repealing paragraph (a) and substituting the following:

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

(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

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

16 Section 8 (1) of Schedule A is amended by repealing paragraph (b) and substituting the following:

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

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

17 Table 1 of Schedule D is amended by striking out Column 3 and substituting the following:

Column 3
Amount of support
$608.42
$749.08
$777.56
$1 103.06
$1 026.06
$871.56
$1 197.06
$1 120.06

Appendix 2

1 Section 66 (2) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended by adding “or in a transportation service region, as defined in the South Coast British Columbia Transportation Authority Act” after “British Columbia Transit Act”.


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