
May 21, 2010
Recent welfare changes Since LSS issued the 21st edition of Your Welfare Rights in February 2010, some important changes to welfare legislation came into effect on April 1, 2010. More changes are scheduled for June 1, 2010, including new rules about welfare eligibility for people who have outstanding arrest warrants under immigration legislation or in relation to an indictable offence. LSS will produce an update insert for Your Welfare Rights soon; but meanwhile, here is an overview of the April 1, 2010 changes to the Employment and Assistance Regulation and the Employment and Assistance for Persons with Disabilities Regulation. The next issue of ELAN, due out mid-June, will contain more information about welfare and warrants. Child in the Home of a Relative benefits being phased out As of April 1, 2010, relatives who care for a child in their home can no longer apply for Child in the Home of a Relative (CIHR) benefits from the Ministry of Housing and Social Development (MHSD), although relatives who already receive CIHR benefits can continue to receive them. From now on, instead of applying for CIHR benefits, relatives may be eligible for some financial and other support from the Ministry of Children and Family Development (MCFD), through its new Extended Family Program. This program is quite different than CIHR benefits; the BC Association of Social Workers has issued a press release that expresses their concerns about the Extended Family Program. Major changes to coverage for Schedule C health supplements Monthly Nutritional Supplement criteria narrowed After April 1, 2010, it became more difficult to qualify for the monthly nutritional supplement (MNS). People who qualified for MNS before April 1, 2010 may have their eligibility reviewed using new, more restrictive criteria. Before April 1, 2010, people on Persons with Disabilities (PWD) benefits suffering a chronic, progressive deterioration in health because of a severe medical condition could qualify for MNS if they had at least one specified symptom (e.g., malnutrition or significant weight change). Now, the person must have at least two specified symptoms to qualify, and fewer symptoms are considered relevant. MNS will no longer pay $20 per month for bottled water. Fewer medical or surgical supplies covered Previously, if a person was eligible for health supplements under Schedule C, MHSD would consider paying for any medical or surgical supplies needed to avoid an imminent and substantial danger to health if the supplies were medically prescribed and used in a medical procedure or treatment, and the person had no other means to pay for them. As of April 1, even if all these other criteria are met, MHSD will only consider paying for medical or surgical supplies if the supplies are for one of six specified purposes: wound care, incontinence, catheterization, limb circulation care, skin parasite care, or ongoing bowel care due to loss of muscle function. Prescription medications are now specifically excluded from coverage as medical/surgical supplies. Life threatening health needs criteria narrowed Before April 1, 2010, anyone in BC with a “life-threatening health need” for any of the health supplements in Schedule C (whether they received benefits from MHSD or not) could ask MHSD to pay for that item, if they had no other means to pay for it, and they were not eligible for Schedule C items on another basis. MHSD has eliminated this coverage for some items or services in Schedule C. People with life-threatening health needs can no longer qualify for emergency dental treatment and dentures or monthly nutritional supplements and other diet allowances. Now, coverage based on life-threatening health needs is only potentially available for medical or surgical supplies, medical transportation, and medical equipment and devices. To qualify, a person must now show that they have a “direct and imminent life-threatening health need” for the health supplement, they have no other way to pay for it, and they are receiving Medical Services Plan (MSP) premium assistance. Medical equipment/devices — Coverage limited Changes to eligibility criteria for medical equipment/devices limit what is now covered. These changes are extensive and cannot be summarized easily, as the whole framework for how MHSD provides these items has changed, so advocates must be sure to read Section 3 of Schedule C. In general, however, Section 3 is now divided into 11 categories specifying the only items that MHSD can pay for (e.g., bathing and toileting aids, hospital beds, etc., instead of the broader categories such as “positioning devices” that used to exist). New rules have been introduced about replacement and repair of damaged, worn out, or non-functioning equipment/devices. MHSD may not replace a specific item unless a minimum amount of time has gone by (the length of time is different for each type of equipment/device), and MHSD may decide to repair rather than replace, if repairs cost less than replacement. MHSD may now also refuse to replace or repair equipment/devices if it believes they were damaged by misuse. Medical Services Only benefits — Added eligibility conditions New criteria must now be met for people to remain eligible for Medical Services Only (MSO) benefits (i.e., eligible for health supplements under Schedule C, although they no longer receive monthly benefits from MHSD). The criteria to be met vary, depending on the reason why the person stopped receiving Persons with Persistent Multiple Barriers (PPMB) or PWD benefits. The government reversed earlier plans to end MSO coverage after one year for people who left PPMB or PWD benefits because they turned 65 or started to receive Canada Pension Plan (CPP) (early retirement or disability) benefits. Now, if people leave PPMB or PWD benefits when they are 65 or older, they will be eligible for MSO benefits indefinitely, so long as they live in BC and receive the federal Guaranteed Income Supplement (GIS) or Spouse’s Allowance. If people leave PWD benefits due to CPP income while they are under 65, they will be eligible for MSO until age 65 if they live in BC and receive CPP income. They will remain eligible for MSO once they are 65 if they continue to live in BC and receive the federal GIS or Spouse’s Allowance. And if they leave PWD benefits due to employment income, they will be eligible for MSO so long as they live in BC and are eligible for premium assistance from MSP. To keep MSO, once they turn 65, they must live in BC and receive the federal GIS or Spouse’s Allowance. Generally, if people are no longer eligible for MSO, they keep MSO coverage for one final year after they became ineligible for it. MHSD has a useful chart outlining eligibility criteria for MSO. Even if someone is no longer eligible for MSO benefits, he or she may still be eligible for a tube feed supplement. Other changes Effective April 1, 2010, coverage for dental benefits and funeral costs changed, and two new diet allowances were created ($40/month for people who need a ketogenic or phenylalanine diet). On June 1, 2010, other changes will take effect, ending the minimum shelter allowance of $75/month, and introducing new eligibility rules regarding outstanding warrants. The next issue of ELAN will contain more information about these changes. Aboriginal Legal Services: Do you know about Gladue rights? Clients who self-identify as Aboriginal have rights under section 718.2 (e) of the Criminal Code, often referred to as Gladue rights. These rights apply to all Aboriginal people: status or non-status Indians, First Nations, Métis, or Inuit, as well as Aboriginal people living both on and off reserve. The term Gladue comes from a case that came before the Supreme Court in 1999; an Aboriginal woman named Jamie Gladue was the accused. As a result of this case, the Supreme Court acknowledged that Aboriginal people are overrepresented in Canada’s penal system, and that Aboriginal people face racism in Canada and in the justice system. Now, the word Gladue refers to the special consideration that judges must give an Aboriginal person when sentencing or setting bail for him or her. When a lawyer informs the court of his or her client’s Gladue rights, the judge must keep in mind that Aboriginal offenders face special circumstances. When the judge is sentencing an Aboriginal person, he or she must consider all options other than jail. However, Gladue doesn’t automatically mean that Aboriginal clients are exempt from jail time. Rather, sentences could involve full or partial community sentences, depending on the nature of the offence. Community sentences typically involve participation in a program that will help your client to address the issues that got him or her into trouble with the law in the first place (e.g., drug or alcohol rehabilitation, anger management programs, counselling, etc.) If the judge has no choice but to sentence your client to jail, he or she must still apply Gladue when deciding how long the jail sentence will be. In order to apply Gladue, the judge needs to understand your client’s circumstances, and to know what kinds of community sentences are available and how they will help your client. To help the judge, your client’s lawyer needs to provide the court with a Gladue report. A Gladue report gives the judge, Crown counsel, and your client’s lawyer as much information as possible about your client, including his or her background, education level, family history, and any history with substance abuse. It’s important to note that a Gladue report is not the same as a pre-sentence report, which is done by a probation officer. Our fact sheet, Are You Aboriginal?, provides some questions that can help your client and his or her lawyer get started on preparing a Gladue report. It’s your client’s choice whether he or she exercises his or her Gladue rights. Keep in mind also that clients who self-identify as Aboriginal can apply to have their sentencing matters heard in the First Nations Court in New Westminster. Are You Aboriginal? has more information on First Nations Court. If you’re interested in participating in Gladue competency training, please e-mail Pamela Shields, Aboriginal Services Program manager, Legal Services Society. Lawyers who are familiar with Gladue and are interested in being added to a Gladue referral roster are also encouraged to contact Pamela at the above e-mail address. Justice Education Society introduces new online resources In May 2009, on its 20th anniversary, the Law Courts Education Society changed its name to the Justice Education Society. The change was made to better reflect the broad diversity of public legal education programs and resources the society produces. Over the past year, new resources produced by the society provide an excellent illustration of this diversity. ImmigrantLegal.ca Last month, the Justice Education Society launched a new website for immigrants. The site is a legal toolkit for new immigrants and the people who work with them. It was developed for the Immigrant PLEI Consortium — a group of 12 organizations working together to improve the delivery of public legal education and information (PLEI) to new immigrants. Numerous resources are available on the site, including fact sheets, forms, frequently asked questions, and instructional videos — some in more than 10 languages. The website’s crowning jewel is an interactive directory of service organizations that can be sorted by region or by one of over 50 languages. (Editor's note: Additional information on immigration law matters is available on Clicklaw.) Downtown Community Court videos The society also recently produced three informative videos on Vancouver’s Downtown Community Court. Celebrating its first year in operation, the court takes a problem-solving approach to dealing with offenders who have issues with health, homelessness, and drug addiction. The videos detail how the court works and its role in the community. AdminLawBC.ca — Now multilingual The society launched A Guide to Administrative Law in BC 14 months ago, and has now updated the site with information and videos in four languages. Since its launch, this website has proven to be Canada’s premier online resource for administrative law. KidsBC.ca The society also developed a website to help BC kids deal with divorce or separation. In the virtual world of Changeville, kids create an avatar that walks through the town, completes various activities, and learns how to cope with a family break up. The website is targeted to children aged 6–12 and can be explored alone or with one or both parents. It also complements the redesigned Families Change website, which provides information on separation and divorce to children as well as teens, parents, and professionals. CourtInformation.ca The Court Information Program for Immigrants website is the new online home of the society’s program to enhance access to the courts and justice for immigrants and refugees by eliminating language and cultural barriers. The website features information in six languages on a variety of subjects, including family law, Canadian law, BC courts, and youth law. It has videos and links to online resources as well as text from the popular resource Learning About the Law. YCJA.ca After many years as one of the society’s most popular learning resources, Explore the Youth Criminal Justice Act was re-branded and launched as a distinct website. The site teaches youth and teachers about the Youth Criminal Justice Act — the law that applies to anyone aged 12–17. Students can read articles, take quizzes, and complete assignments. Teachers can read lessons, take a final exam, and obtain professional development credit. Register online — Justice System Education Program Community and school groups can now register online for the society’s most popular program. The Justice System Education Program introduces British Columbians to our courts. Participants visit a courthouse, speak with justice system professionals, and experience court in action. Locations throughout the province are available for booking. Society news The Justice Education Society operates over 20 websites that cover a variety of topics, including BC’s courts, The Supreme Court Self-Help Information Centre, small claims court, and information for victims of crime. To receive society news, subscribe to the bi-monthly newsletter, or follow the society on Twitter or Facebook. New RSS feed now available for LSS publications You can now subscribe to our new RSS feed, "Hot off the press from LSS," to find out about the latest LSS publications as soon as they come out! The initials RSS are short for Really Simple Syndication. An RSS feed pulls in fresh content automatically to let you know when a website has been updated. Our newest RSS feed is on the Publications and Community workers pages of the LSS website. Scroll down to the bottom of the page and look for the RSS icon and link on the left side of the page (underneath the discontinued publications list on the Publications page). As soon as a new publication is uploaded to the website and available for order from Crown Publications, we’ll send out an update that you can receive either via your Outlook e-mail or in your Internet browser. All you have to do is subscribe to the feed. For those who have never subscribed to an RSS feed before, we’ve also created step-by-step instructions to get you started.

May 21, 2010

Recent welfare changes

Since LSS issued the 21st edition of Your Welfare Rights in February 2010, some important changes to welfare legislation came into effect on April 1, 2010. More changes are scheduled for June 1, 2010, including new rules about welfare eligibility for people who have outstanding arrest warrants under immigration legislation or in relation to an indictable offence.

LSS will produce an update insert for Your Welfare Rights soon; but meanwhile, here is an overview of the April 1, 2010 changes to the Employment and Assistance Regulation and the Employment and Assistance for Persons with Disabilities Regulation. The next issue of ELAN, due out mid-June, will contain more information about welfare and warrants.

Child in the Home of a Relative benefits being phased out

As of April 1, 2010, relatives who care for a child in their home can no longer apply for Child in the Home of a Relative (CIHR) benefits from the Ministry of Housing and Social Development (MHSD), although relatives who already receive CIHR benefits can continue to receive them. From now on, instead of applying for CIHR benefits, relatives may be eligible for some financial and other support from the Ministry of Children and Family Development (MCFD), through its new Extended Family Program. This program is quite different than CIHR benefits; the BC Association of Social Workers has issued a press release that expresses their concerns about the Extended Family Program.

Major changes to coverage for Schedule C health supplements

Monthly Nutritional Supplement criteria narrowed

After April 1, 2010, it became more difficult to qualify for the monthly nutritional supplement (MNS). People who qualified for MNS before April 1, 2010 may have their eligibility reviewed using new, more restrictive criteria. Before April 1, 2010, people on Persons with Disabilities (PWD) benefits suffering a chronic, progressive deterioration in health because of a severe medical condition could qualify for MNS if they had at least one specified symptom (e.g., malnutrition or significant weight change). Now, the person must have at least two specified symptoms to qualify, and fewer symptoms are considered relevant. MNS will no longer pay $20 per month for bottled water.

Fewer medical or surgical supplies covered

Previously, if a person was eligible for health supplements under Schedule C, MHSD would consider paying for any medical or surgical supplies needed to avoid an imminent and substantial danger to health if the supplies were medically prescribed and used in a medical procedure or treatment, and the person had no other means to pay for them. As of April 1, even if all these other criteria are met, MHSD will only consider paying for medical or surgical supplies if the supplies are for one of six specified purposes: wound care, incontinence, catheterization, limb circulation care, skin parasite care, or ongoing bowel care due to loss of muscle function. Prescription medications are now specifically excluded from coverage as medical/surgical supplies.

Life threatening health needs criteria narrowed

Before April 1, 2010, anyone in BC with a “life-threatening health need” for any of the health supplements in Schedule C (whether they received benefits from MHSD or not) could ask MHSD to pay for that item, if they had no other means to pay for it, and they were not eligible for Schedule C items on another basis.

MHSD has eliminated this coverage for some items or services in Schedule C. People with life-threatening health needs can no longer qualify for emergency dental treatment and dentures or monthly nutritional supplements and other diet allowances. Now, coverage based on life-threatening health needs is only potentially available for medical or surgical supplies, medical transportation, and medical equipment and devices. To qualify, a person must now show that they have a “direct and imminent life-threatening health need” for the health supplement, they have no other way to pay for it, and they are receiving Medical Services Plan (MSP) premium assistance.

Medical equipment/devices — Coverage limited

Changes to eligibility criteria for medical equipment/devices limit what is now covered. These changes are extensive and cannot be summarized easily, as the whole framework for how MHSD provides these items has changed, so advocates must be sure to read Section 3 of Schedule C. In general, however, Section 3 is now divided into 11 categories specifying the only items that MHSD can pay for (e.g., bathing and toileting aids, hospital beds, etc., instead of the broader categories such as “positioning devices” that used to exist). New rules have been introduced about replacement and repair of damaged, worn out, or non-functioning equipment/devices. MHSD may not replace a specific item unless a minimum amount of time has gone by (the length of time is different for each type of equipment/device), and MHSD may decide to repair rather than replace, if repairs cost less than replacement. MHSD may now also refuse to replace or repair equipment/devices if it believes they were damaged by misuse.

Medical Services Only benefits — Added eligibility conditions

New criteria must now be met for people to remain eligible for Medical Services Only (MSO) benefits (i.e., eligible for health supplements under Schedule C, although they no longer receive monthly benefits from MHSD). The criteria to be met vary, depending on the reason why the person stopped receiving Persons with Persistent Multiple Barriers (PPMB) or PWD benefits.

The government reversed earlier plans to end MSO coverage after one year for people who left PPMB or PWD benefits because they turned 65 or started to receive Canada Pension Plan (CPP) (early retirement or disability) benefits. Now, if people leave PPMB or PWD benefits when they are 65 or older, they will be eligible for MSO benefits indefinitely, so long as they live in BC and receive the federal Guaranteed Income Supplement (GIS) or Spouse’s Allowance.

If people leave PWD benefits due to CPP income while they are under 65, they will be eligible for MSO until age 65 if they live in BC and receive CPP income. They will remain eligible for MSO once they are 65 if they continue to live in BC and receive the federal GIS or Spouse’s Allowance.

And if they leave PWD benefits due to employment income, they will be eligible for MSO so long as they live in BC and are eligible for premium assistance from MSP. To keep MSO, once they turn 65, they must live in BC and receive the federal GIS or Spouse’s Allowance. Generally, if people are no longer eligible for MSO, they keep MSO coverage for one final year after they became ineligible for it.

MHSD has a useful chart outlining eligibility criteria for MSO.

Even if someone is no longer eligible for MSO benefits, he or she may still be eligible for a tube feed supplement.

Other changes

Effective April 1, 2010, coverage for dental benefits and funeral costs changed, and two new diet allowances were created ($40/month for people who need a ketogenic or phenylalanine diet).

On June 1, 2010, other changes will take effect, ending the minimum shelter allowance of $75/month, and introducing new eligibility rules regarding outstanding warrants. The next issue of ELAN will contain more information about these changes.

Aboriginal Legal Services: Do you know about Gladue rights?

Clients who self-identify as Aboriginal have rights under section 718.2 (e) of the Criminal Code, often referred to as Gladue rights. These rights apply to all Aboriginal people: status or non-status Indians, First Nations, Métis, or Inuit, as well as Aboriginal people living both on and off reserve.

The term Gladue comes from a case that came before the Supreme Court in 1999; an Aboriginal woman named Jamie Gladue was the accused. As a result of this case, the Supreme Court acknowledged that Aboriginal people are overrepresented in Canada’s penal system, and that Aboriginal people face racism in Canada and in the justice system. Now, the word Gladue refers to the special consideration that judges must give an Aboriginal person when sentencing or setting bail for him or her. When a lawyer informs the court of his or her client’s Gladue rights, the judge must keep in mind that Aboriginal offenders face special circumstances. When the judge is sentencing an Aboriginal person, he or she must consider all options other than jail.

However, Gladue doesn’t automatically mean that Aboriginal clients are exempt from jail time. Rather, sentences could involve full or partial community sentences, depending on the nature of the offence. Community sentences typically involve participation in a program that will help your client to address the issues that got him or her into trouble with the law in the first place (e.g., drug or alcohol rehabilitation, anger management programs, counselling, etc.) If the judge has no choice but to sentence your client to jail, he or she must still apply Gladue when deciding how long the jail sentence will be.

In order to apply Gladue, the judge needs to understand your client’s circumstances, and to know what kinds of community sentences are available and how they will help your client. To help the judge, your client’s lawyer needs to provide the court with a Gladue report. A Gladue report gives the judge, Crown counsel, and your client’s lawyer as much information as possible about your client, including his or her background, education level, family history, and any history with substance abuse. It’s important to note that a Gladue report is not the same as a pre-sentence report, which is done by a probation officer. Our fact sheet, Are You Aboriginal?, provides some questions that can help your client and his or her lawyer get started on preparing a Gladue report.

It’s your client’s choice whether he or she exercises his or her Gladue rights. Keep in mind also that clients who self-identify as Aboriginal can apply to have their sentencing matters heard in the First Nations Court in New Westminster. Are You Aboriginal? has more information on First Nations Court.

If you’re interested in participating in Gladue competency training, please e-mail Pamela Shields, Aboriginal Services Program manager, Legal Services Society. Lawyers who are familiar with Gladue and are interested in being added to a Gladue referral roster are also encouraged to contact Pamela at the above e-mail address.

Justice Education Society introduces new online resources

In May 2009, on its 20th anniversary, the Law Courts Education Society changed its name to the Justice Education Society. The change was made to better reflect the broad diversity of public legal education programs and resources the society produces. Over the past year, new resources produced by the society provide an excellent illustration of this diversity.

ImmigrantLegal.ca

Last month, the Justice Education Society launched a new website for immigrants. The site is a legal toolkit for new immigrants and the people who work with them. It was developed for the Immigrant PLEI Consortium — a group of 12 organizations working together to improve the delivery of public legal education and information (PLEI) to new immigrants.

Numerous resources are available on the site, including fact sheets, forms, frequently asked questions, and instructional videos — some in more than 10 languages. The website’s crowning jewel is an interactive directory of service organizations that can be sorted by region or by one of over 50 languages. (Editor's note: Additional information on immigration law matters is available on Clicklaw.)

Downtown Community Court videos

The society also recently produced three informative videos on Vancouver’s Downtown Community Court. Celebrating its first year in operation, the court takes a problem-solving approach to dealing with offenders who have issues with health, homelessness, and drug addiction. The videos detail how the court works and its role in the community.

AdminLawBC.ca — Now multilingual

The society launched A Guide to Administrative Law in BC 14 months ago, and has now updated the site with information and videos in four languages. Since its launch, this website has proven to be Canada’s premier online resource for administrative law.

KidsBC.ca

The society also developed a website to help BC kids deal with divorce or separation. In the virtual world of Changeville, kids create an avatar that walks through the town, completes various activities, and learns how to cope with a family break up. The website is targeted to children aged 6–12 and can be explored alone or with one or both parents. It also complements the redesigned Families Change website, which provides information on separation and divorce to children as well as teens, parents, and professionals.

CourtInformation.ca

The Court Information Program for Immigrants website is the new online home of the society’s program to enhance access to the courts and justice for immigrants and refugees by eliminating language and cultural barriers.

The website features information in six languages on a variety of subjects, including family law, Canadian law, BC courts, and youth law. It has videos and links to online resources as well as text from the popular resource Learning About the Law.

YCJA.ca

After many years as one of the society’s most popular learning resources, Explore the Youth Criminal Justice Act was re-branded and launched as a distinct website. The site teaches youth and teachers about the Youth Criminal Justice Act — the law that applies to anyone aged 12–17. Students can read articles, take quizzes, and complete assignments. Teachers can read lessons, take a final exam, and obtain professional development credit.

Register online — Justice System Education Program

Community and school groups can now register online for the society’s most popular program. The Justice System Education Program introduces British Columbians to our courts. Participants visit a courthouse, speak with justice system professionals, and experience court in action. Locations throughout the province are available for booking.

Society news

The Justice Education Society operates over 20 websites that cover a variety of topics, including BC’s courts, The Supreme Court Self-Help Information Centre, small claims court, and information for victims of crime. To receive society news, subscribe to the bi-monthly newsletter, or follow the society on Twitter or Facebook.

New RSS feed now available for LSS publications

You can now subscribe to our new RSS feed, "Hot off the press from LSS," to find out about the latest LSS publications as soon as they come out! The initials RSS are short for Really Simple Syndication. An RSS feed pulls in fresh content automatically to let you know when a website has been updated.

Our newest RSS feed is on the Publications and Community workers pages of the LSS website. Scroll down to the bottom of the page and look for the RSS icon and link on the left side of the page (underneath the discontinued publications list on the Publications page).

As soon as a new publication is uploaded to the website and available for order from Crown Publications, we’ll send out an update that you can receive either via your Outlook e-mail or in your Internet browser. All you have to do is subscribe to the feed. For those who have never subscribed to an RSS feed before, we’ve also created step-by-step instructions to get you started.