
May 21, 2010
Aboriginal Legal Services: Do you know about Gladue rights? Justice Education Society introduces new online resources New RSS feed now available for LSS publications << go to main page	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.
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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.

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