6.7 Review and Adjustment
6.7.1 ANNUAL REVIEW
In accordance with section 12 of the Regulation, each participant's eligibility must be reviewed at least annually and assistance adjusted accordingly.
Non-automated Cases
Each EIA office is responsible for ensuring that reviews are completed for all
non-automated cases.
Changes in the participant's circumstances, or situations which might result in
overpayments, must be identified and appropriately noted.
The various income reporting forms in use throughout the program do not provide an
adequate review of all circumstances relevant to continued eligibility. While some
participants are required to provide regular income statements, completion of an annual
review form and other methods of review are still required to ensure that all information
is provided.
Automated Cases
Once each year, an annual review form is automatically mailed to each participant with
an automated file.
Participants are required to complete the annual review form and mail it to the
appropriate EIA office for assessment. The participant's level of assistance may be varied
or continued, based on the information provided.
Public Trustee Participants in Institutions
In lieu of an annual review form, the Public Trustee may provide the director or
designate with a financial statement for mutual participants who live in an institution
(e.g., Manitoba Developmental Centre, Brandon Mental Health Centre or Selkirk Mental
Health Centre).
These cases are to be closed when the participant's total cash assets, above the $2,000
maximum liquid asset exemption, exceed the total monies issued by EIA in the previous
twelve months.
Follow-up and Check-off Schedules
Follow-up and check-off schedules are included in the SAMIN Procedures Manual. Please
forward any questions to SAMIN support.
Where a participant knowingly refuses to complete and return an annual review form, the
director and designate have the discretion to maintain, suspend or cancel
assistance. Cancellation should be instituted only after all other avenues to ensure
compliance have been exhausted.
Most participants want to work and are actively involved in the employment process.
However, it is the worker's responsibility to determine whether the participant's
obligations are being met and to intervene when necessary. Therefore, the worker may
require that the participant engage in specific activities to enhance the participant's
employability.
If the participant chooses not to follow the plan by either not participating or not
reporting, the worker may initiate remedial measures.
Remedial Measures
Remedial measures may result in progressive monthly budget reductions of up to $100.00.
The initial assistance reduction is $50.00 per month. After six months of assistance
reduction at the initial $50.00 level, there may be a further reduction of $50.00 per
month. Reduction at the $100.00 level will be made only if a $50.00 reduction has been
made for six months, either consecutively or non-consecutively, if remedial measures are
still required.
Participants With Children Under Six
Participants with children under six, who do not have employment expectations placed on them, but have received support for a job search, are not subject to remedial measures. If they choose not to follow their plan, the worker will stop monitoring the job search.
Participants Without Children
Where participants are not following their Personal Job Plans, remedial measures may
result in an end to assistance for one and two-adult families without children.
Quitting a Job
Quitting a job may result in an immediate reduction of assistance whether the
participant quit the job before applying for assistance or while receiving assistance. The
Employment Insurance Commission requires time to rule on just cause and participants may
be in immediate financial need. The worker, in consultation with the supervisor or the
director, may make an interim decision as to whether quitting the job was reasonable given
the circumstances. Information provided by the participant is verified. Factors considered
in determining if the participant took all reasonable measures to resolve matters in the
workplace before quitting may include:
- available alternatives
- family responsibilities
- safety issues
- harassment (sexual or other)
- discrimination because of race, colour, religion or membership in an association,
organization or union workers
- dangerous working conditions
- major changes in the terms or conditions of the job
- excessive overtime or an employer's refusal to pay overtime
- difficult relationship with a supervisor for which the participant was not primarily
responsible
- illegal practices on the part of the employer
- pressure to quit from the employer or fellow workers.
Once the decision is made by Employment Insurance, the participant's budget is adjusted
as necessary. When the participant is not eligible for Employment Insurance Benefits, the
final decision is made by EIA staff. The participant has the right to appeal. See section 6.10.2 entitled "Discontinuing, Reducing,
Suspending or Increasing Income Assistance".
The purpose of the Personal Job Plan is to ensure that participants are actively
involved in activities that will enhance their employability. The worker will
reinstate full assistance when participants commence an appropriate employment enhancement
activity or accept employment. Deficit payments are not issued. After
assistance has ended and an appropriate employment enhancement activity is undertaken
within the next month, assistance may be reinstated. Longer delays will require the
participant to reapply.
The role of the worker is to support the participant in pursuing employment so that
dependency on assistance is reduced or eliminated. If the participant is not taking the
necessary steps to become employed, the worker provides counselling support to assist the
participant to identify the necessary steps to secure employment and the means to carry
them out. As long as the participant remains actively involved in the process and makes
progress, assistance is not reduced. The participant is given a reasonable amount of time,
generally one reporting period, to take any necessary action. The responsibility for
success rests with the participant.
Where the participant is not actively involved in the process, the worker may implement
remedial measures as follows:
Step 1: The worker discusses the Personal Job Plan with the participant and
identifies specific concerns.
- Assistance is offered to solve problems, available supports are identified, and the
Personal Job Plan is revised, where necessary.
- A time is set to review progress, generally once the next report is received.
- During the review, if it is determined that the participant has not followed the plan,
the worker may proceed to Step 2.
Step 2: The worker identifies the steps in the plan that are not being taken and
discusses possible solutions with the participant (preferably in-person).
- The Personal Job Plan may be revised to identify specific actions to be followed by the
participant, establish completion dates and set a time for review.
- The conditions and consequences of not following the plan are confirmed in writing to
the participant.
- During the review, if it is determined that the participant has not followed the plan,
the worker may proceed to Step 3.
Step 3: The worker may recommend to the director or designate that the
participant's assistance be reduced (if the participant is a parent, or a dependent child)
or ended (participants without dependent children).
- If an adjustment to assistance is approved, the participant is sent a budget letter
advising him or her of the adjustment and the right of appeal. The budget letter
states that the reduction appears as a monthly deduction to the basic needs.
- Further measures apply only to households with dependent children.
Step 4: When the initial reduction has been made to six monthly assistance
cheques, the participant's progress is reviewed to determine whether the participant's
obligations are being met. Based on this review, a further reduction of assistance may be
recommended to the director or designate.
- If a reduction of assistance is approved, the participant is sent a budget letter
advising him or her of the further reduction and the right of appeal. The budget letter
notes that the reduction appears as a monthly deduction to the basic needs.
It is the responsibility of participants to remain actively involved in enhancing their
employability. To avoid a discontinuation or reduction of assistance, participants
must ensure that their plans are followed.
Participants with dependent children who choose not to participate in employability
enhancement activities may opt for immediate assistance reduction. The initial
reduction is made immediately and a further reduction applies after six months. The
participant could choose to have assistance reinstated, at any time, if employment
expectations are met.
The worker always initiates remedial measures at Step 1, unless the participant has had
an assistance reduction. Once participants have had assistance reduced and
subsequently reinstated, any future remedial measures that may be required begin at Step
2.
Where the participant's involvement is intermittent, full assistance is reinstated once
a report is received which indicates that the participant has been actively involved
during that reporting period.
The participant is sent a budget letter advising him or her that assistance has been
reinstated.
Purpose
A visit to the home of a participant is an important form of participant contact. Home
visits allow the worker to focus significant attention on participants and have four
objectives:
- to promote the participant's self-sufficiency;
- to exchange information
- to determine other agency involvement; and
- to examine verification/control issues.
It may be necessary to conduct a home visit to follow-up questions or concerns raised
by the participant, to discuss the participant's employment or training plans, to verify
information, to assess third party complaints or to investigate alleged program abuse.
Home visits may also be scheduled at the discretion of the director or designate.
When appropriate, other forms of participant contact (such as office visits, telephone
contact, informal personal contact in the community, other worker contact) may be used
instead of the home visit to review issues relevant to the EIA program.
Decision to Conduct a Home Visit
In all cases, workers have the discretion to conduct a home visit when a need has been
identified or to waive the home visit when there is no apparent need. Workers may conduct
as many home visits as deemed necessary, based on the participant's circumstances.
Participants who have developed Personal Job Plans are encouraged to work with their
worker through office visits and phone contact.
Situations in which program verification and control issues have been identified are to
be given the highest priority for home visits.
When a file is transferred to an EIA office, the worker must review the home visit
requirement or exemption to determine if it continues to be appropriate.
File Recordings
A. Decision to Waive Home Visit
When the worker determines the case is to be exempt from a home visit, the specific
reason must be documented on the Case Management Intake Record (CMIR), or the Case
Management Record (CMR), and the appropriate home visit exemption code entered in SAMIN.
B. Decision to Conduct Home Visit
When the worker determines that a home visit is necessary, the home visit date is
displayed in SAMIN. If the worker decides to make a home visit prior to the date
displayed, the next home visit date is entered. The next home visit date entered cannot
exceed two years from the last home visit date.
Following the home visit, the worker documents the purpose of the home visit, the major
areas discussed during the visit, and any follow-up action required on the CMIR or the
CMR.
Each director or designate is responsible for reviewing no less than
ten percent of new and re-opened files each month.
Most participants turning 65 years of age will be advised by an automatically generated
SAMIN letter, six months prior to their birth date, that they will be eligible for OAS/GIS
and should apply or these benefits.
Assistance is automatically suspended the month following the month in which
participants are eligible to receive their first OAS/GIS benefits. These cases are
identified on the Benefit Suspension Report.
Some participants, for example, those enrolled as general assistance, persons with
disabilities or whose cases are deactivated for any reason, may not receive the automatic
notification. These participants are also identified on the Benefit Suspension Report.
If the federal enrollment does not take place, the participant is responsible for
notifying the EIA office. In this situation, temporary assistance may be provided
until federal benefits are received (see section 15.6.3 for
"Assignment of Benefits"). Assistance shall be granted in accordance with the
basic adult rates until the alternate resources are in place.
NOTE: System notification is also provided in other situations where persons
within a case may become eligible for other assistance programs because of a change in
age.
When the number of members in a household increases (for example, a child is born), the
budget is increased accordingly. Normally, the increase is effective on the date the new
member enters the home. However, an earlier date may be considered at the discretion of
the director or designate when a need exists prior to the new member actually entering the
household; for example, granting assistance from the date of birth rather than the date of
arrival home.
A new application form must be completed and a Personal Job Plan,
if applicable. The reapplication process is not necessary to confirm
deletions of family members.
Section 2 of The Employment and Income Assistance Act states, in part, that income assistance will be provided only to participants who reside in Manitoba.
Participants move outside of Manitoba become ineligible for assistance, effective on
the first of the month following their departure from the province.
Participants who have not moved their residence outside of Manitoba, but who are out of
the province for a period exceeding 30 consecutive days, become ineligible for assistance
effective the 31st day of their absence. Upon their return to the province,
participants may apply for assistance through the regular intake process.
Under section 5(2) of the Regulation, the Minister or the Minister's designate may authorize continued eligibility for temporary absences from the province in excess of 30 days on a special case basis. The amount of assistance provided depends upon the participant's needs during this period. Circumstances which warrant special consideration include medical treatment, rehabilitation, a family crisis or other situations in which the participant's prolonged absence from the province is determined to be justified.
Where a participant is admitted to a hospital or other institution for indefinite
chronic care, assistance is normally adjusted within 30 days. Where special circumstances
warrant, the director or designate may vary this policy.
Where a member of the household dies, assistance is adjusted from the beginning of the
month following death.
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