Section 8 - Assistance To Single Parents and Children

8.1.1 SINGLE PARENTS ASSISTANCE - LEGISLATIVE AUTHORITY

Sections 5(1)(b) and (c) of The Employment and Income Assistance Act describe the eligibility requirements for single parents with dependent children.

"5(1) The director shall provide income assistance, in accordance with this Act and the regulations, to or in respect of a person who, in the opinion of the director is a person

2. who is a widow or widower with a dependent child or dependent children; or
3. who is a parent with a dependent child or children and
   1. is deserted by, or is living separate and apart from, his or her spouse, or
   2. is the spouse of a person who is sentenced to and is serving a prison term, or
   3. is not married, or
   4. is divorced; . . ."

The term "desertion" means the physical absence of the spouse from the single parent and their children.

8.1.2 LEGAL GUARDIAN

Individuals who are the sole legal guardian of a child or children, and are not the biological or adoptive parent, are deemed to be single parents and categorically eligible for enrolment under section 5(1)(c) of the Act.

8.1.3 IMPRISONMENT

Staff at the EIA office should confirm all prison sentences of applicants' spouses with the proper authorities.

8.1.4 COMMON-LAW UNIONS

Legislation

Under section 5(5) of The Employment and Income Assistance Act, common-law spouses are considered to be legally married for the purposes of the EIA Program. Section 5(5) states:

"Where two persons who are not legally married to each other are living together under circumstances that indicate to the director that they are cohabiting in a conjugal relationship, they shall, for the purposes of this Act and the regulations, be treated in the same manner as two persons who are legally married, and any application by either or both of them for income assistance or general assistance shall be dealt with in every respect in that manner."

Policy

Financial interdependence, family interdependence and shared residency are factors which establish a common-law relationship, with the financial interdependence factor being the most important. Evidence of two of these three factors must be present in order to establish a common-law union.

Investigation of Alleged Common-Law Unions

When there is a belief that an EIA participant is living in a common-law union, the worker must determine if there is evidence of financial interdependence, familial interdependence or shared residency.

An investigation into a participant's situation will involve only activities which would not unduly infringe upon the rights and privacy of the participant and the alleged common-law spouse. For example, relatives, neighbours or the participant's children will not be contacted for information. Investigation of the alleged common-law spouse may include examining public or government records and contacting officials. Sources which require a signed release to provide information will not be contacted.

The participant's premises should not be searched to look for evidence of the alleged common-law spouse.

Identifying Factors

The following list of identifying factors, which may indicate the existence of a common-law union, is grouped into three types: financial interdependence, family interdependence and residency. It should be recognized that the list does not exhaust all factors which might be considered in identifying these situations and that evidence of at least two types of factors must be present in order to establish a common-law union.

• Financial Interdependence
  • tendering of credit (i.e., one party can purchase goods and services in the name of the other, joint credit accounts)
  • joint bank accounts or the pooling of other financial resources
  • joint bank loans or co-signing for loans
  • joint investments or joint ownership of property or assets
  • one party claims the other as a dependant for income tax purposes, unemployment insurance benefits or other benefits
  • one party assumes total or partial costs of basic necessities, shelter and services for the other or both parties share these expenses
• Family Interdependence

  NOTE: While the traditional terms of "husband and wife" and "Mr. and Mrs." are used, the policy also applies to more contemporary terms, such as, "partner", "companion" or "spouse equivalent".

  • the couple presents themselves in the neighbourhood or community at large as husband and wife
  • the couple presents themselves to public authorities as husband and wife
  • documents (such as leases) are titled or signed as Mr. and Mrs.
  • contractual recognition of a spousal relationship (e.g., cohabitation contract)*
  • the couple is invited and accepts invitations as Mr. and Mrs. and present themselves at social gatherings as husband and wife
  • the couple presents themselves at church or benevolent organizations and their related functions as husband and wife
  • the couple signs as Mr. and Mrs.
  • the couple introduce themselves as husband and wife
  • the alleged common-law spouse, the participant and the participant's children are registered with the Manitoba Health, Insured Benefits Branch as a family unit
• Residency
  • the couple occupy the same premises
  • public records indicate that the alleged common-law spouse has the same address as the participant, including records such as:
    • Motor Vehicles (driver's licence, vehicle registration)
    • Land Titles
    • court dockets
  • the alleged common-law spouse's telephone is listed at the participant's address
  • Henderson Directory lists the alleged common-law spouse as living at the participant's address
  • the alleged common-law spouse's name appears on the utility bills for the participant's residence
  • other agencies (for example, the local municipality) list the alleged common-law spouse as living at the participant's address
  • the participant's landlord, caretaker or housing authority indicate that the alleged common-law spouse lives at the participant's address and/or is listed on the lease for that residence

  NOTE: Information concerning post office boxes is not available from Canada Post as it is protected by the Privacy Act (Canada).

The Manager of the Investigative Unit may be consulted when determining whether the evidence of a common-law union is sufficient to support the allegations.

If the investigation results in conclusive evidence of a common-law union, the EIA worker should meet with the participant to discuss the evidence gathered and the conclusion that has been drawn from the evidence. The worker should discuss the options available to the participant of the common-law union and advise the participant of the right to appeal any decision to deny, discontinue, reduce or suspend assistance. The participant should then be given the opportunity to respond to the evidence presented.

If the participant admits to the alleged common-law union, assistance should be terminated in accordance with established policy. Depending on the circumstances, a signed declaration from the participant may be requested to confirm the common-law union.

If the participant is able to provide a satisfactory alternate explanation for the evidence, no further action should be taken.

Termination Procedures

If the decision is made to terminate assistance, the participant should be advised in writing. The letter should include the reason for the decision, notice of the right to appeal, and the options available if the family is in need of financial assistance or other services. Staff should facilitate referrals to a local municipality or other agencies as required.

Once the participant has been advised that the case will be closed, assistance should be terminated. If a participant requests the closure of his or her file due to a common-law relationship and does not intend to appeal, this intention should be requested in writing.

Once the participant has been advised of the closure of the case, interim assistance may be provided if the participant requires assistance while appealing the case or making other arrangements for financial assistance.

8.2.1 ASSISTANCE DURING PREGNANCY

Single expectant mothers, who have no dependent children and who are 18 years of age or older, may be enrolled for assistance under section 5(1)(a),(b), or (c) of The Employment and Income Assistance Act.

Eligibility under the disability category is extended to expectant mothers in their first six months of pregnancy when medical evidence confirms their inability to work (see section 7.1.4 on "Assistance During Pregnancy"). Enrolment under this category is to be maintained until the birth of the child.

Expectant mothers in their seventh, eighth or ninth month of pregnancy may be eligible in the single parent category unless there are medical reasons for being enrolled in the persons with disabilities category.

8.2.2 POST-PARTUM ASSISTANCE WHEN CHILD IS RELINQUISHED

In cases where the mother does not keep her only child (i.e., the child is given up for adoption, apprehended at birth, or dies during birth), eligibility may be continued in the special case category for a total period of up to 60 days following the birth of the child. This will allow for a period of recovery as well as a period of employment leading to a first pay cheque. Further eligibility for an unmarried mother not keeping her child would be determined on the basis of re-testing under another section The Employment and Income Assistance Act.

8.3.1 MINOR EXPECTANT MOTHERS AND MINOR SINGLE PARENTS

Minor expectant mothers in the last trimester of pregnancy and minor single parents may be enrolled in one of the following ways:

• as dependants (along with their infants) within an existing EIA household;
• under section 5(1)(f) of The Act, where they are in the care of a responsible adult other than their parent or legal guardian (see section 10.1); or
• as a special case (see sections 9.1 to 9.2).

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