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Employment and Income Assistance Administrative Manual

Section 7 - Persons with Disabilities

7.1.1 DEFINITION AND LEGISLATIVE AUTHORITY

For the purpose of The Employment and Income Assistance Act and Regulation, the term "disabled" refers to those persons who, by reason of a physical or mental illness, incapacity or disorder that is likely to continue for more than 90 days, are unable to earn sufficient income to provide the basic necessities for themselves and their dependants.

Section 5(1)(a) of The Employment and Income Assistance Act provides authority for granting income assistance to persons with disabilities who reside in Manitoba and are in need, in accordance with the EIA Regulation.

7.1.2 INCOME ASSISTANCE FOR PERSONS WITH  DISABILITIES (IAPD)

Schedule A, section 5(c) of the EIA Regulation provides participants enrolled in the persons with disabilities category, who are living in the community, with additional monthly assistance.

Households enrolled under other categories (excluding 5(1)(f) cases) may receive the IAPD if they are transferred to the persons with disabilities category as a result of meeting the EIA disability assessment criteria.

Supported Living Program (SLP) participants are eligible for the EIA disability case category. EIA will accept letters from SLP Community Service workers detailing a participant’s eligibility for SLP as confirmation that disability has been assessed. The Director or designate may sign off on these cases.

See sections 18.2.1 and 21.4.1 on "Income Assistance for Persons with Disabilities".

Persons with disabilities residing in a hospital or institution are not eligible to receive the IAPD. This includes participants residing in the following institutions:

  • Brandon Mental Health Centre
  • Eden Mental Health Centre
  • Manitoba Developmental Centre
  • St. Amant Centre
  • Selkirk Mental Health Centre

7.1.3 PERSONS OVER 55 LACKING IN EMPLOYMENT CAPABILITIES

Where persons 55 years or older are no longer eligible as a single parent or as the dependant of an eligible spouse, they may be enrolled in the persons with disabilities category if the EIA assessment criteria are met. Persons who do not meet the criteria may be enrolled as general assistance participants.

7.1.4 ASSISTANCE DURING PREGNANCY

Single parent expectant mothers should be enrolled under the persons with disabilities category, until the birth of their child, where they:

  • are 18 years of age or older;
  • are in their first or second trimester;
  • have no dependent children; and
  • medical evidence verifies their inability to work.

Expectant mothers in their seventh, eighth or ninth month of pregnancy who have no medical reason for being enrolled in the persons with disabilities category should be enrolled as a single parent. (See section 8.3.1 entitled "Assistance During Pregnancy").

When the participant has been enrolled under the persons with disabilities category, the file should be transferred to the single parent category in the month the child is born, unless the disability continues. A new EIA Disability Assessment Report must be completed following the birth of the child to maintain enrolment in the persons with disabilities category.

7.1.5 DISABILITY ASSESSMENT PROCEDURE

The EIA Disability Assessment Panel may recommend enrolment as a person with a disability to the director or designate, based on medical evidence provided by a physician or a nurse practitioner on behalf of the applicant.

The medical evidence provided must include the EIA Disability Assessment Report, which must be completed by a physician or nurse practitioner. Where this is not possible, the Medical Officer of Health for the region may complete the report. When eligibility is being assessed on the basis of a mental health disability, a psychologist may complete the Disability Assessment Report or provide an existing report in lieu of the EIA Disability Assessment Report. EIA staff may arrange for the completion of these forms for those applicants who are unable to make these arrangements on their own.

Supported Living Program or Vocational Rehabilitation Program staff or other health practitioners such as social workers, registered nurses or approved community health workers are authorized to confirm mental disability as long as it is supported by the following hardcopy documentation:

  • name of the physician/psychologist;
  • date of the exam; and
  • medical diagnosis.

Where participants claim medical conditions that do not result in immediate enrolment in the persons with disabilities category but are subsequently approved by the EIA Disability Assessment Panel, disability rates are not paid retroactively.

Responsibilities of the EIA office

It is the responsibility of EIA office staff to explain to applicants the eligibility requirements described in section 5(1)(a) of The Employment and Income Assistance Act and to provide them with the following letters and forms: To the Applicant, To the Physician, Disability Assessment Report, Statement of Account, Self-Report, and a copy of the participant’s consent to the disclosure of their personal health information (last page of the signed EIA application).

When an applicant is required to be examined away from home, the EIA office is responsible for making the arrangements and assuming the cost of transportation and accommodation, where required. Each EIA office should work directly with the hospital concerned and should name one person to coordinate activities such as referrals, reports and appointments.

Responsibilities of the Applicant

Under section 3 of the Regulation, applicants are required to provide information and medical evidence in support of their application for assistance under the disability category. The provision of such evidence can be waived only with the written consent of a director or designate of EIA.

Applicants are responsible for making arrangements for the completion of the required EIA Disability Assessment Report and the physician's billing form, Statement of Account. For applicants with mental health disabilities, the EIA Program may accept a Disability Assessment Report from a psychologist. The Program will provide up to $45 as the remuneration to complete the EIA Disability Assessment Report; existing reports, additional assessment and therapy fees are not covered.

Applicants may also choose to include their own information about their disability or medical condition by completing the self-report and returning it to their EIA worker.

7.1.6 DISABILITY ASSESSMENT PANEL

Responsibilities of the Panel

  1. To assess an applicant's capacity to earn sufficient income to support himself or herself, and, to assess potential treatment and/or rehabilitation plans.
  2. To recommend to the director or designate a determination of the length of time required for the applicant to regain the capacity for employment and appropriate treatment and/or rehabilitation plans to restore an applicant's capacity for self-support, if applicable.

Composition of the Panel

The EIA Assessment Panel is composed of the following personnel:

  1. The EIA director or designate.
  2. The Regional Medical Officer of Health (or a private physician if the Regional Medical Officer of Health is not able to serve or if there is no Medical Officer of Health in the area).
  3. A regional representative from Personal Services (e.g., Vocational Rehabilitation Services, Employment Services, Community Living Services, Mental Health Services) may also be in attendance.

NOTE: Where a private physician with an active medical practice is serving on the EIA Disability Assessment Panel, that physician shall not assess the eligibility of applicants for whom that physician has provided the assessment. In such circumstances, the applicant is assessed by another Medical Panel physician.

The EIA Disability Assessment Panel assesses each application submitted on the basis of disability. The applicant's EIA worker presents the case and acts as a resource to the Panel. The director or designate decides if the case is eligible, taking into consideration the Panel's recommendation.

Representation by Personal Services is encouraged, but not mandatory, in cases determined to be inappropriate for these services. The director or designate decides which cases are to be referred to Personal Services based on established referral criteria (see section 7.1.7 for "Vocational Rehabilitation Services"). Personal Services then assesses these referrals to determine which cases are appropriate for Personal Services' representation.

Period of Eligibility and Reassessment

The EIA Disability Assessment Panel may recommend a period of eligibility not exceeding two years. Upon reassessment, and at the discretion of the director or designate, the period of eligibility may exceed two years provided that a definite time period is indicated.

The Director or designate may waive the assessment for the first re-assessment in cases where no change is anticipated (for example, persons with severe mental disabilities). This requirement may be waived for subsequent reviews and replaced by a progress report by an appropriate agency if the Director or designate is of the opinion that the participant's medical condition is not likely to change considerably in the near future.

The decision of the Director or designate regarding the period of eligibility for both the initial application and subsequent reviews should be conveyed to the participant in writing, through the use of the standard form letter.

Furthermore, so that participants with disabilities are not discouraged from attempting employment, those who leave the program because of employment and then return, will no longer be required to have their eligibility re-assessed at the point of intake providing their previously-determined eligibility under section 5(1)(a) of the EIA Act has not expired. Conversely, a review will be necessary if a participant has returned to the program after an employment period and the original review date is found to be overdue.

7.1.7 VOCATIONAL REHABILITATION SERVICES (VRS)

The VR Program provides appropriate vocational rehabilitation services for adults with a mental, physical, psychiatric, vision, hearing or learning disability in order to enhance their independence and ability to contribute socially and economically through employment in the competitive labour force. The VR Program assists eligible persons with disabilities to prepare for, attain and maintain employment through the provision of vocational assessments, counselling, case management, vocational planning, job placement, training, developmental activities and support services.

The Individual Vocational Rehabilitation Training Fund may be accessed for disability related supports such as special equipment and adaptive devices, tutoring, medical and psychological assessments, sign language interpreting, wage subsidies, educational support and transportation. For other information related to the Canada Access Grants for Persons with Disabilities see policy section 6.11.16.

The VR Program is delivered by Vocational Counsellors in Manitoba Family Services and Housing regional offices, Regional Health Authorities and three designated agencies that receive provincial funding to deliver Vocational Rehabilitation services to specific disability groups. The three designated agencies are:

  • Canadian National Institute for the Blind-MB Division (CNIB) – provides vocational assessment, training, counselling, job placement services and adjustment training programs for daily living for participants with visual disabilities;
  • Canadian Paraplegic Association (Manitoba) Inc. (CPA) – provides counselling, assessment, vocational training and job placement services to participants with paraplegia and quadriplegia; and
  • Society for Manitobans with Disabilities Inc. (SMD) – provides assessment, counselling, vocational training and job placement services to individuals with physical and hearing disabilities (excluding persons with visual disabilities or spinal cord injuries).

Referral Criteria

To be eligible to receive VR services, the applicant must meet the following eligibility conditions:

  • Living with a mental, physical, psychiatric, vision, hearing or learning disability;
  • Be a Canadian citizen or person legally entitled to remain and work in Canada on a permanent basis;
  • Be a resident of Manitoba;
  • Be 16 years of age or older; and
  • Show a willingness to prepare for, obtain and maintain employment.

Applications for services must include proof of a qualifying disability that has been diagnosed or assessed by an appropriate professional. Other factors that should be considered are: medical prognosis, availability of employment opportunities, and the participant's interests, aptitudes, abilities and willingness to participate. When the vocational potential of a participant is in doubt, the case should be referred to VRS for assessment.

Method of Referral

Persons with a physical, vision or hearing disability should be referred directly to the appropriate designated agency. All other referrals should be directed to Manitoba Family Services and Housing regional offices.

Referral Information

EIA staff should include the following information with their referral to VRS:

  1. The length of time the participant has been in receipt of assistance.
  2. Whether the participant has been referred to VRS before. If there was a previous referral, what were the results? How have circumstances changed to justify a new referral?
  3. Any pertinent information which would assist in determining the participant's eligibility for VRS (such as, medical reports, psychological tests and other workers' assessments).

7.1.8 SCHOOL SUPPLIES AND TRANSPORTATION COSTS FOR PERSONS WITH DISABILITIES ATTENDING HIGH SCHOOL

Persons with disabilities who are applicants for income assistance under Section 5(1)(a) of The Employment and Income Assistance Act, may continue to attend high school until age 21. In some instances, schools may request transportation costs from Employment and Income Assistance for the participant; however, the responsibility to pay for these transportation costs rests with the school division. School supplies, if requested, may be issued as special needs on an annual basis in accordance to the amount issued for dependent children of families on income assistance attending high school. For more information on allowable items under special needs, please see section 21.1.3.

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