Eligibility for Hardship Assistance

Effective:  July 1, 2023

Hardship assistance may only be provided in situations where the family unit has first been determined ineligible for income assistance or disability assistance for reasons specified by regulation.  Persons receiving income assistance under the Employment Assistance Act or disability assistance under the Employment and Assistance for Persons with Disabilities Act are not eligible for hardship assistance.

In situations where an applicant is ineligible for income assistance or disability assistance for more than one reason, hardship assistance will only be provided if the regulation specifically authorizes hardship for each of the ineligibility reasons.  

Hardship assistance is provided for only one month (with the exception of Identity Not Established, SIN Required) and if further hardship assistance is required, eligibility must be re-established each month.  To be eligible for hardship assistance, an employable applicant or recipient must enter into an Employment Plan (EP), or have an active EP, when requested by the ministry [see Related Links – Employment Plan].

Applicants for hardship assistance must demonstrate that all alternatives for meeting basic needs have been exhausted.  If income or assets have been used for purposes other than meeting basic needs, there is no eligibility for hardship assistance. 

Applicants who have been denied income assistance or disability assistance must meet the eligibility criteria for the applicable hardship category before hardship assistance can be issued.  In determining eligibility for hardship assistance, all eligibility criteria must be considered, including the following:

• application and applicant orientation requirements [see Related Links – BC Employment and Assistance Application - Stage 1 and 2, and Orientation]
• citizenship requirements [see Related Links – Citizenship Requirements]
• effect of applying for other sources of income [see Related Links – Pursuing Income]
• requirement to apply for CPP benefits [see Related Links – Pursuing Income]
• limits on income [see Related Links – Income Treatment & Exemptions]
• asset limits [see Related Links – Assets & Exemptions]

Once the hardship reason no longer exists, cases must be re-assessed to determine if the family unit meets the eligibility criteria for income assistance or disability assistance.

Effective:  July 1, 2023

Applicants/recipients in the family unit must demonstrate they have:

• applied for and accepted any other available income or assets, final pay cheques, holiday pay and holdbacks and used them to meet support and shelter needs
• sought available help from other organizations, family and friends
• exhausted all available income or assets (if available income or assets have been used for purposes other than meeting basic needs, there is no eligibility for hardship assistance)

These efforts must be documented on the electronic case.

Effective:  December 1, 2003

A person may be denied income assistance or disability assistance for more than one reason and may meet the eligibility criteria for more than one hardship category in order to receive hardship assistance.  When this occurs, the Employment and Assistance Worker (EAW) should select the highest applicable category code according to the hierarchy table that can be found in Procedures. [See Procedures – Table: Hierarchy of Hardship Categories].

This hierarchy lists the categories of hardship that are assignable, then repayable, and then non-repayable. 

[For information on repayments and assignments, see Related Links – Recoveries.]

Effective:  July 1, 2023

Hardship assistance issued for Income in Excess, Assets in Excess, and Awaiting Other Income is limited to three consecutive months during which time the family unit is expected to resolve the situation which makes them ineligible for regular assistance.  Once a family unit has received hardship assistance for three consecutive months and still does not meet eligibility requirements for income assistance, they are not eligible for any additional hardship assistance in any of the duration limited categories for a period of three consecutive months.

Hardship assistance issued for Immediate Needs – Work Search Required is limited to three consecutive months during which time the family unit is required to complete a reasonable three-week work search as directed by the minister. If the family unit fails to complete the required work search within 3 months or ceases to take the steps to satisfy the work search requirement, they are not eligible for continued hardship assistance and their case will be closed. After the recipient’s case has been closed, they are able to reapply for assistance if still in need. If the family unit reapplies for assistance, they will be required to meet all eligibility requirements as outlined in BC Employment and Assistance Stage 1 – Application, including the requirement to complete a reasonable work search. [see Related Links – BC Employment and Assistance Application – Stage 1– Policy]

Hardship assistance issued for Identity Not Established or SIN required is limited to six months.

Hardship assistance is provided for only one month and if further hardship assistance is required, eligibility must be re-established each month.  All cheques will be automatically directed to the local office for the duration-limited categories.

The Supervisor may approve hardship assistance beyond the three months in exceptional situations only.  These cases should be monitored closely and issued one month at a time.

Applicants in these specific circumstances must be advised upon application of the duration limits.

Hardship issued for clients awaiting EI, strike or lockout, sponsorship default, no identification or no SIN, are not subject to monthly duration limits. 

Effective:  July 1, 2023

Categories Awaiting EI Benefits, Assets in Excess, Awaiting Other Income, Strike or Lockout and Income in Excess, are repayable. However, the following types of assistance or supplements are not to be included in the repayment/assignment:

• hardship assistance if requiring the family to pursue the excess assets or excess income (that made them ineligible for income assistance or disability assistance) would put someone in the family at risk of domestic violence
• health supplements [for more information, see Additional Resources – Health Supplement Summary]
• identification (ID) fees paid directly to the government or agency supplying the ID
• housing stability supplement
• crisis supplements
• supplements for moving and transportation
• guide dog and service dog supplement
• school start-up supplement
• transportation supplement [see Related Links – Transportation Supplement]
• special care facility user charges and comforts.

Note: Hardship categories Immediate Needs – Work Search Required, Sponsorship Undertaking Default, Identity Not Established, and SIN Required are not repayable.

Effective:  August 1, 2015

With the exception of offence overpayment deductions, recaptures of overpayments are not to be actioned while clients are in receipt of hardship assistance.  The benefit plans and case can be updated, but no automatic deductions will be made from hardship assistance. Any existing overpayments will be deducted once a recipient becomes eligible for income assistance or disability assistance.

Any offence overpayments continue to be recaptured while clients are in receipt of hardship assistance.  

[For information on repayments and offence overpayment deductions, see Related Links – Recoveries.]

Effective:  July 1, 2023

The maximum amount of hardship assistance is:

• the sum of the support allowance, shelter allowances, and Transportation Supplement (for those with the Persons with Disabilities (PWD) designation),that apply to the applicant’s family unit [for more information see Related Links - Support, Shelter & Special Care Facilities and Transportation Supplement and Rate Tables – Hardship Assistance, Hardship Assistance for Persons with Disabilities, and General Supplements & Programs]
• plus the maximum rate per child for child benefits top-up supplement (minus the amount of Canada Child Benefit received for that child) [see Rate Table: General Supplements & Programs – Child Benefits Top-up Supplement]
• minus the sum of the following:

• the net income of the applicant’s family unit
• the value of the assets of the family unit that are immediately available to meet basic needs.

For the purposes of hardship assistance, net income means the amount of unearned income, plus the amount of earned income minus deductions for:

• income tax
• employment insurance
• medical insurance
• Canada Pension Plan
• superannuation
• company pension plan
• union dues

Hardship assistance is intended to meet basic needs and should be issued to a maximum level based on those basic needs.  Issuing the maximum hardship assistance rate may not be appropriate in all situations.

Effective: August 1, 2024

No deduction is to be made for the following when calculating the maximum amount of hardship assistance for which an applicant’s family unit is eligible:

• Assistance and supplements paid and administered by the ministry
• any earned income of a dependent child 
• income assistance paid for a child in the home of a relative
• family bonus, except the portion treated as unearned income under section 2 (7) of Schedule D of the Employment and Assistance Regulation and the Employment and Assistance for Persons with Disabilities Regulation (Family bonus payments for the current month are exempt.  Retroactive family bonus payments are exempt minus any payments advanced via the family bonus temporary top-up supplement for the same time period) [see Related Links – Income Treatment and Exemptions and Child Benefits Top-up Supplement]
• Canada Child Benefit (CCB), except for the portion treated as unearned income under section 2(7) of Schedule D of the Employment and Assistance Regulation and the Employment and Assistance for Persons with Disabilities Regulation (CCB payments for the current month are exempt.  Retroactive CCB payments are exempt minus any payments advanced via the child benefits supplement for the same time period) [see Related Links – Income Treatment and Exemptions and Child Benefits Top-up Supplement]
• the Basic Child Tax Benefit
• a Universal Child Care Benefit under the Universal Child Care Benefit Act (Canada)
• a rental housing benefit provided under the Rental Housing Benefit Act (Canada)
• a dental benefit provided under the Dental Benefit Act (Canada)
• child disability benefit
• a goods and services tax credit under the Income Tax Act (Canada)
• a harmonized sales tax credit under the Income Tax Act (British Columbia)
• a sales tax credit under the Income Tax Act (British Columbia)
• a refundable medical expense supplement [see Related Links – Income Treatment & Exemptions – Policy – Income Tax Refund]
• benefits paid as Employment Insurance Maternity and Parental Benefits under the Employment Insurance Act (Canada)
• benefits paid as Employment Insurance Special Benefits for Parents of Critically Ill Children under the Employment Insurance Act (Canada)
• individual redress payments granted by the government of Canada to a person of Japanese ancestry
• individual payments granted by the government of Canada under the Extraordinary Assistance Plan to a person infected by the human immunodeficiency virus
• individual payments granted by the government of British Columbia to a person infected by the human immunodeficiency virus or to the surviving spouse or dependent children of that person
• individual payments granted by the government of Canada under the Extraordinary Assistance Plan to thalidomide victims
• money from a lump-sum settlement payable by the government of British Columbia to persons awarded compensation by an adjudicative panel in respect of claims of abuse at Jericho Hill School for the Deaf
• money paid or payable under the 1986-1990 Hepatitis C Settlement Agreement made June 15, 1999, except money paid or payable under section 4.02 or 6.01 of Schedule A or of Schedule B of that agreement
• money paid by the Government of Canada under a settlement agreement, to persons who contracted Hepatitis C by receiving blood or blood products in Canada prior to 1986 or after July 1, 1990, except money paid under that agreement as income replacement
• a rent subsidy provided by the provincial government, or by a council, board, society or governmental agency that administers rent subsidies from the provincial government
• post adoption assistance payments provided under section 28 (1) or 30.1 of the Adoption Regulation
• a rebate of energy or fuel tax provided by the government of Canada, the government of British Columbia, or an agency of either government
• the portion of Canada Pension Plan Benefits that is calculated by the formula (A – B) x C, where

A = the gross monthly amount of Canada Pension Plan Benefits received by an applicant or recipient
B = (I) in respect of a family unit comprised of a sole applicant or a sole recipient with no dependent children, 1/12 of the amount determined under section 118 (1)(c)  of the Income Tax Act (Canada) as adjusted under section 117.1 of that Act, or

(ii) in respect of any other family unit, the amount under subparagraph (I), plus 1/12 of the amount resulting from the calculation under section 118 (1) (a) (ii) of the Income Tax Act (Canada) as adjusted under section 117.1 of that Act

C = the sum of the percentages of taxable amounts set out under section 117 (2) (a) of the Income Tax Act (Canada) and section 4.1 (1) (a) of the Income Tax Act

• payments granted by the government of British Columbia under child’s kin and others agreement under the Child, Family and Community Service Act
• payments granted by the Government of British Columbia under an agreement referred to in section 12.4 of the Child, Family and Community Services Act (SAJE Housing Agreements)
• payments granted by the government of British Columbia under the Ministry of Children and Family Development’s At Home Program
• 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
• an education gift from Nisga’a Lisims Government provided annually to assist Nisga’a citizens with their children school start-up costs
• a Canada Workers Benefit, including a disability supplement under the Income Tax Act (Canada)
  
  Note: the Canada Workers Benefit and disability supplement can be received either quarterly or annually and is exempt regardless of the frequency of payment
   
• a quarterly Climate Action Tax Credit and the one-time Climate Action Dividend under the Income Tax Act (BC)
• a retroactive compensation awards under, including interest for pain and suffering, made under the Criminal Injury Compensation Act, for claimants who were minor victims of assault and who registered their claim from 1980 to 1992 in which these compensation decisions were deferred. 
• tenant compensation [see Related Links – Income Treatment & Exemptions – Policy – Tenant Compensation] 
• Fair PharmaCare refunds (retroactive payments (refund cheques) issued to reimburse individuals for money paid out of pocket for prescription costs over a one-year period)
• Funds held in, or money withdrawn from, a Registered Disability Savings Plan (RDSP)
• money from a lump-sum settlement paid by the Government of BC to persons awarded compensation in respect of claims of abuse at Woodlands School
• payments granted by the government of British Columbia under the Ministry of Children and Family Development’s Family Support Services program;
• payments granted by the government of British Columbia under the Ministry of Children and Family Development’s Supported Child Development program;
• payments granted by the government of British Columbia under the Ministry of Children and Family Development’s Aboriginal Supported Child Development program; [B.C. Reg. 85/2012 effective May 1/12]
• money paid or payable from a fund established by the government of British Columbia, the government of Canada and the City of Vancouver in relation to a recommendation in the final report of the Missing Women Commission of Inquiry
• payments granted by the government of BC under the Temporary Education Support for Parents program
• a BC Early Child Tax Benefit
• a BC Child Opportunity Benefit
• a BC Family Benefit
• a BC Renter's Tax Credit
• child support
• CPP Orphan’s Benefit (also known as a surviving child's benefit for the child of a deceased contributor)
• ​CPP disabled contributor’s child benefit
• An inheritance received by a family unit that includes a person with the Persons with Disabilities designation
• Non-recurring gifts received by a family unit that does not include someone with the Persons with Disabilities designation [for information on the treatment of gifts, see Related Links  –  Income Treatment & Exemptions]
• All gifts received by a family unit that includes a person with the Persons with Disabilities designation [for information on the treatment of gifts, see Related Links  –  Income Treatment & Exemptions]
• All student funding received by a family unit that includes a person with the Persons with Disabilities designation from RESP withdrawals, bursaries, scholarships, grants and education and training allowances, except those from Student Financial Assistance.
• Compensation paid to children of a deceased worker under Division 5 of Part 4 or Section 225 of the Workers Compensation Act 
• money paid or payable by the government of British Columbia to a person in accordance with an award or settlement in respect of a claim for injury, loss or damage caused by the minister, the ministry, an employee of the ministry or a person retained under a contract to perform services for the ministry
• money paid or payable by Community Living BC (CLBC) to a person in accordance with an award or settlement in respect of a claim for injury, loss or damage caused by CLBC, an employee of CLBC or a person retained under a contract to perform services for CLBC
• money paid, or payable by the Public Guardian and Trustee in respect of a child
• foster care payments to clients for the care of children [for more information see Related Links – Income Treatment & Exemptions – Policy – Ministry of Children and Family Development]
• money that is paid or is payable by the government of British Columbia to or for a person if the payment is in accordance with an award in a legal proceeding or with a settlement agreement in respect of a claim for injury, loss or damage caused by the Minister of Children and Family Development, that ministry, an employee of that ministry or a person retained under contract to perform services for that ministry
• money that is paid or payable by the government of British Columbia to or for a person because the person was a resident of Woodlands School
• money that is paid or payable under the Memorial Grant Program for First Responders established under the authority of the Department of Public Safety and Emergency Preparedness Act (Canada)
• payments (including money, or goods or services received “in kind”) made by an organization that has received a Work Experience Opportunities Grant (WEOG) from the ministry, to a person participating in a WEOG funded work experience program
• money that is paid or payable from the Ross et al. v. Her Majesty the Queen Final Settlement Agreement and Supplementary Agreement
• money that is paid or payable from the Toth v. Her Majesty the Queen Final Settlement Agreement
• a rebate of all or part of a premium paid to the Insurance Corporation of British Columbia (ICBC)
• Indigenous Financial Settlements [see Related Links – Income Treatment & Exemptions – Policy – Indigenous Financial Settlements]
• money paid or payable to or for an injured person in relation to the injury if the money is paid or payable for the purpose of covering expenses that are necessary only because of the injury [see Related Links – Income Treatment & Exemptions – Policy – Payments Related to an Injury; see Related Links – Assets & Exemptions – Policy – Payments Related to an Injury]
• money paid or payable to or for an injured person in relation to the injury if the money is not for a specific purpose and the minister is satisfied the money will be used to cover expenses that are necessary only because of the injury [see Related Links – Income Treatment & Exemptions – Policy – Payments Related to an Injury; see Related Links – Assets & Exemptions – Policy – Payments Related to an Injury]

Effective:  July 1, 2023

[For more information on specific categories of hardship assistance, see Related Links.]

Answer    No, only one assignment is required, and then they would be issued under the highest applicable category. [see Procedures: Table: Hierarchy of Hardship Categories]