| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
This is not the official version. |
| Important Information (disclaimer and copyright information) | |
|
|
|
| B.C. Reg. 162/2002 O.C. 520/2002 |
Deposited June 27, 2002 effective June 30, 2002 |
Crime Victim Assistance Act
Part 1 — Victim's Vocational Services and
Income Support Benefits
1 (1) In this regulation:
"Act" means the Crime Victim Assistance Act;
"dependent child" means a person who is
(a) under 19 years old,
(b) between 19 and 23 years old and attending an educational institution on a full-time basis, or
(c) 19 years old or more, but unable to live independently because of a mental or physical disability;
"eligible injury" means an injury that has resulted from a prescribed offence, and includes, in the case of a victim or immediate family member of a victim, an injury that has resulted from an event that is described in section 3 (1) (a) (ii) of the Act;
"eligible offence" means an offence prescribed under the Crime Victim Assistance (General) Regulation and includes, in the case of a victim or an immediate family member of a victim, an event that is described in section 3 (1) (a) (ii) of the Act;
"employability" means the physical and mental capability of being employed or self-employed;
"employable" means physically and mentally capable of being employed or self-employed;
"employed" means working for wages, salary, profit, or commission;
"income support benefit" means an amount calculated hourly that is equal to the higher minimum hourly wage under the Employment Standards Act at the time the benefit is awarded, up to a maximum of 40 hours a week;
"lost earning capacity benefit" means an amount calculated hourly that is equal to the higher minimum hourly wage under the Employment Standards Act at the time the benefit is awarded, up to a maximum of 40 hours a week.
2 (1) The director may award to a victim a benefit in the category of benefits described as vocational services or expenses in section 4 (1) (e) of the Act only if the director is satisfied that
(a) an eligible injury has resulted in the need for the benefit, and
(b) the service or expense is reasonable and necessary to assist in improving the victim's employability
(i) to assist the victim in returning to employment with remuneration at the level at which the victim was employed before the eligible injury, or
(ii) to improve the victim's earning capacity.
(2) The vocational services or expenses category of benefit awarded by the director may consist of one or more of the following benefits:
(a) costs for or contributions to education, training and skill development courses;
(b) costs for or contributions to programs to improve the victim's existing skills and qualifications or to develop new skills and qualifications;
(c) costs for or contributions to programs to prepare the victim for or to find employment.
(3) The director must not award a vocational services or expenses benefit to the following:
(a) a victim who has retired;
(b) an adult victim who was unemployable at the time of the eligible injury.
3 (1) The director may award to a victim a benefit in the category of benefits described as income support in section 4 (1) (l) of the Act only if the director is satisfied that an eligible injury has resulted in a mental or physical condition, or both, leading to a victim's short term loss of employability
(a) at the job or occupation the victim held at the time of that injury, or
(b) for as many hours at the job or occupation the victim held at the time of that injury.
(2) The director may award an income support benefit to a victim affected by a short term loss of employability in an amount that equals the difference between the average number of hours the victim was employed before the injury and the average number of hours the victim is employable at the same job or occupation after the eligible injury, up to a maximum of 40 hours a week, less the victim's income from other sources.
(3) Subject to subsections (4) and (5), a victim is eligible for a benefit under subsection (2) from the date the victim first became affected by the short term loss of employability, as determined by the director.
(4) A victim who is a minor at the time of the eligible injury is not eligible for an income support benefit for short term loss of employability, unless the minor victim is living independently at the time of that injury.
(5) A victim who is a minor who is not living independently at the time of the eligible injury is eligible for an income support benefit for short term loss of employability on becoming 19 years old, payable from that date, if the victim is still affected by a short term loss of employability.
(6) The director may require a victim who is employable, as a condition of the victim receiving an income support benefit for short term loss of employability, to participate in vocational services that are specified by the director.
4 (1) The director may award to a victim an income support benefit in the category of benefits described as income support in section 4 (1) (l) of the Act only if the director is satisfied that
(a) an eligible injury has resulted in a mental or physical condition, or both, leading to a victim's long term loss of employability, and
(b) the victim was employed at the time of that injury.
(2) The director may award to a victim an income support benefit affected by a long term loss of employability in an amount that equals the difference between 40 hours a week and the average number of hours the victim is employable after the eligible injury, up to a maximum of 40 hours a week, less the victim's income from other sources.
(3) Subject to subsections (4) and (5), a victim is eligible for a benefit under subsection (2) from the date the victim first became affected by the long term loss of employability, as determined by the director.
(4) A victim who is a minor at the time of the eligible injury is not eligible for an income support benefit for long term loss of employability, unless the minor victim is living independently at the time of that injury.
(5) A victim who is a minor who is not living independently at the time of the eligible injury is eligible for an income support benefit for long term loss of employability on becoming 19 years old, payable from that date, if the victim is still affected by a long term loss of employability.
(6) The director may require a victim who is employable, as a condition of the victim receiving an income support benefit for long term loss of employability, to participate in vocational services that are specified by the director.
5 (1) The director may award to a victim a benefit in the category of benefits described as income support in section 4 (1) (l) of the Act for up to 3 months following the expiry of a vocational services or expenses benefit, only if the director is satisfied that
(a) the benefit is reasonable and necessary, and
(b) the victim is actively seeking to be employed.
(2) The director may award a victim a benefit referred to in subsection (1) only if the victim is not otherwise eligible for or receiving an income support benefit for short term loss of employability, long term loss of employability or a lost earning capacity benefit.
6 (1) The director may award to a victim a benefit in the category of benefits described as lost earning capacity in section 4 (1) (m) of the Act only if the director is satisfied that an eligible injury has resulted in a loss of employability and the victim
(a) was a minor or an adult victim who was employable but not employed at the time of that injury, and
(b) is, as a result of that injury,
(i) unemployable, or
(ii) not employable for 40 hours a week.
(2) The director may award a lost earning capacity benefit to a victim affected by a loss of employability in an amount that equals the difference between 40 hours a week and the average number of hours the victim is employable after the eligible injury, up to a maximum of 40 hours a week, less the victim's income from other sources.
(3) Subject to subsections (4) and (5), a victim is eligible for a benefit under subsection (2) from the date the victim first became affected by the loss of employability, as determined by the director.
(4) The director must not award a lost earning capacity benefit to a victim who is a minor at the time of the eligible injury, unless the minor victim was living independently at the time of that injury.
(5) A victim who is a minor who is not living independently at the time of the eligible injury is eligible for a lost earning capacity benefit on becoming 19 years old, payable from that date if the victim is still affected by a lost earning capacity.
(6) The director may require a victim who is employable, as a condition of the victim receiving a lost capacity benefit, to participate in vocational services that are specified by the director.
Part 2 — Immediate Family Member's Vocational Services and
Income Support Benefits
7 (1) If a victim has died as a result of an eligible offence, the director may award to an immediate family member who is the spouse of the victim a benefit described as vocational services or expenses in section 4 (2) (c) of the Act for up to 5 years only if the director is satisfied that the service or expense is reasonable and necessary to
(a) prepare the spouse to be employed if he or she is not employed, or
(b) improve the spouse's earning capacity to a level that is reasonable given the spouse's skills, qualifications and abilities.
(2) As a condition of the spouse receiving a vocational services or expenses benefit under this section, the spouse must
(a) be eligible for an income support benefit under section 8, and
(b) complete the vocational services within 5 years of the date of the victim's death.
(3) The vocational services or expenses category of benefit awarded by the director may consist of one or more of the following benefits:
(a) costs for or contributions to education, training and skill development courses;
(b) costs for or contributions to programs to improve the spouse's existing skills and qualifications or to develop new skills and qualifications;
(c) costs for or contributions to programs to prepare the spouse for or to find employment.
8 (1) If a victim has died as a result of an eligible offence, the director may award a benefit described as income support in section 4 (2) (e) of the Act to an immediate family member who is the spouse of the victim and who, at the time of the victim's death
(a) was married to the victim and did not have an order for judicial separation, or
(b) was living and cohabiting with the victim in a marriage-like relationship for a period of at least 2 years and was not separated from the victim for more than one year prior to the date of the victim's death.
(2) The director may award a benefit under subsection (1) of up to 75% of the maximum amount of income support benefit for 5 years following the death of the victim.
(3) If a victim has died as a result of an eligible offence, the director may award to an immediate family member who is the spouse of the victim and at the time of the victim's death, was in receipt of spousal support under a court order or written separation agreement a benefit described as income support in section 4 (2) (e) of the Act.
(4) The director may award a benefit under subsection (3) for 5 years following the death of the victim in an amount that is the lesser of
(a) the actual maintenance, support or alimony that was required to be paid by the victim under a court order or written separation agreement, and
(b) 35% of the maximum amount of income support benefit.
9 (1) If a victim has died as a result of an eligible offence, the director may award to an immediate family member
(a) who is a dependent child of the victim, and
(b) who resided with the victim at the time of the victim's death
a benefit described as income support in section 4 (2) (e) of the Act of up to
(c) 15% of the maximum amount of income support benefit for one dependent child of the victim, and
(d) 10% of the maximum amount of income support benefit for each additional dependent child of the victim.
(2) If a victim has died as a result of an eligible offence, the director may award to an immediate family member
(a) who is a dependent child of the victim, and
(b) who did not reside with the victim at the time of the victim's death but on whose behalf the victim paid maintenance or support,
a benefit described as income support in section 4 (2) (e) of the Act that is the lesser of
(c) the actual maintenance or support paid by the victim on the dependent child's behalf while the victim was alive, and
(d) 15% of the maximum amount of income support benefit.
10 If a victim has died as a result of an eligible offence, the director may award to an immediate family member, other than a spouse or a child, who is financially dependent on the victim, for up to 2 years from the date of the death of the victim, a benefit described as income support in section 4 (2) (c) of the Act, in an amount that is the lesser of
(a) the actual financial support that was provided by the victim on the immediate family member's behalf while the victim was alive, and
(b) 15% of the maximum amount of income support benefit.
[Provisions of the Crime Victim Assistance Act, S.B.C. 2001, c. 38, relevant to the enactment of this regulation: section 26]
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada