6.7 Review and Adjustment
6.7.1 Annual Review
Policies
Annual Review Form (PDF 156 KB)
Completion of Annual Reviews (PDF 82 KB)
Eligibility Review Sessions (PDF 126 KB)
Investigations (PDF 99 KB)
Eligibility Review Session GA Family Invite (PDF 40 KB)
New SAMIN Transaction - Request Form (REFO) (PDF 63 KB)
Production of Annual Reviews (ICFS) Screen (PDF 73 KB)
Self-Employment - Approval of Business Plans (PDF 151 KB)
Form
Employment and Income Assistance Review (PDF 35 KB)
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 $4,000 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.
6.7.2 Consequences of not Completing the Annual Review Form
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.
6.7.3 Consequences of Not Following the Personal Job Plan
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".
6.7.4 Reinstatement of 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.
6.7.5 Instituting Remedial Measures
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.
6.7.6 Progression Through Remedial Measures
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.
6.7.7 Home Visits
Policies
Additional Home Visit Exemption Codes (PDF 75 KB)
Changes to Home Visit B.F. Report (GHVB) (PDF 77 KB)
Home Visit Listing (GHVE) (PDF 73 KB)
Home Visit Statistical Reports (PDF 75 KB)
New Home Visit Policy and Guidelines (PDF 174 KB)
Participants 65 years of age and older (PDF 130 KB)
Process for Enrolling Newborns (PDF 115 KB)
Purpose
A visit to the home of a participant is an important form of meaningful 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.
In addition to home visits, meaningful client contact can occur in other settings, such as via telephone conversations, during scheduled/unscheduled office visits, and/or through community-based meetings. In some instances, consultation with staff from other agencies who are primarily responsible for daily planning activities with EIA participants (e.g. Community Living disAbility Services), may also be considered in meeting meaningful contact requirements.
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 client contact requirement to determine if a home visit is the most appropriate method of initial contact with participants, or if alternate meaningful contact options may be equally effective in meeting case planning requirements with these participants.
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).
B. Decision to Conduct Home Visit
When the worker determines that a home visit is the most appropriate method to connect with a participant to follow up on essential case management and/or planning requirements, the client contact date is displayed in SAMIN.
If the home visit discussion meets meaningful contact requirements, staff should enter the appropriate indicator in SAMIN in order to advance the date of the next client contact requirement. The next client contact cannot exceed two years from the last client contact 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.
If the home visit discussion meets meaningful contact requirements, staff should enter the appropriate indicator in SAMIN in order to advance the date of the next client contact requirement. The next client contact cannot exceed two years from the last client contact 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.
6.7.8 File Reviews By Directors or Designates
Each director or designate is responsible for reviewing no less than ten percent of new and re-opened files each month.
6.7.9 Persons Turning 65 Years of Age
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 for 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 enrolment 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.
6.7.10 Changes in Family Size
Policy
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 re-application process is not necessary to confirm deletions of family members.
When the number of members in a household decreases as a result of a dependent child(ren) being taken into the care of Child and Family Services (CFS), the household budget should be adjusted as follows:
Where a child has been apprehended by CFS, the child is to be removed from the household’s EIA budget as benefits for food, clothing and personal amounts are provided for the child by CFS. However, where a CFS Re-unification Plan indicates that the child will be in the parental home for overnight periods, prorated basic assistance amounts for food, clothing and personal needs may be provided based upon the number of overnight stays identified in the CFS Re-unification Plan.
EIA shelter amounts may be maintained at the level authorized prior to the child(ren)’s apprehension for a maximum of three months upon approval of the EIA Director to allow time to develop and implement a CFS Re-unification Plan, or to allow the participant to seek more affordable accommodation, if required.
Approvals of shelter extensions beyond three months may only be made by the EIA Director and only when confirmation is provided by CFS that work continues on the re-unification Plan and that there is a reasonable expectation that the child will be returned to the parental home shortly. Where the child(ren) has been returned to the full-time custody of the parent within the cumulative six-month period, regular EIA guideline shelter rates are to be approved.
EIA basic assistance and shelter allowances are not to be reduced in cases where the child(ren) has been formally taken into care by CFS but supports have been put in place to allow the child(ren) to remain in the family home on a full-time basis under CFS supervision.
In scenarios where CFS provides confirmation that an apprehended child(ren) who has never been part of the parental file, or who is scheduled to be returned to the parental home from an extended apprehension period, the EIA Director may approve shelter amounts at the higher schedule level for a period of three months prior to the child(ren)’s return to allow the parent to secure more appropriate accommodations. Excess shelter may be approved for additional months by the EIA Director in exceptional circumstances and where the child’s return date has been clearly indicated by CFS.
Approval of excess shelter payments may also be considered for a parent who has established an agreement to have a child reside temporarily in the care of the alternate caregiver. In staying consistent with excess shelter approval policy for parents who are involved with CFS for re-unification planning purposes, excess shelter authorized in these alternate caregiving circumstances should not exceed durations beyond what may be approved by the EIA Director.
Stable alternate caregiving arrangements lasting beyond this maximum approval period will result in shelter costs on the parental file being reduced to amounts that reflect the current number of EIA household members. While shelter amounts may be reduced, case category and basic assistance amounts for the child may continue to be maintained on the parental file until such point that there is a breakdown in this informal payment arrangement. Should this occur and assistance for the child is being requested, the alternate caregiver and legal parent are to be instructed to approach Legal Aid Manitoba to complete an In Loco Parentis Acknowledgement and Agreement, or provide past written documentation from CFS acknowledging this alternate caregiving arrangement.
Where this documentation is submitted, and where the review of financial resources available to the dependent child(ren) confirm that financial eligibility is also met, the Director may authorize assistance under section 5(1)(f) of the Act payable to the alternate caregiver for the duration that the child remains with the alternate caregiver.
6.7.11 Participant Leaves the Province
Section 2 of The Manitoba Assistance Act states, in part, that income assistance will be provided only to participants who reside in Manitoba.
Participants that 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.
6.7.12 Participant is Hospitalized
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.
6.7.13 Participant Dies
Where a member of the household dies, assistance is adjusted from the beginning of the month following death.
6.7.14 Participant/Spouse has an Outstanding Warrant for a Prescribed Offence
As required by section 16(6) of the Assistance Regulation, when an adult in the household is identified by EIA as having an outstanding warrant for a prescribed offence, they will be informed in writing and given 60 days to deal with their outstanding warrant before their eligibility for EIA is impacted. Adults with an outstanding warrant must deal with their outstanding warrant by going to their local police station to have their warrant executed and must provide EIA with documentation confirming the warrant has been executed before full benefits can be provided.
If, after 60 days, no evidence has been presented to EIA staff that the outstanding warrant for a prescribed offence has been dealt with:
- Single person cases must be closed, as they are no longer eligible for EIA benefits, per section 16(3) of the Regulation. Two adult cases, where both adults have an outstanding warrant for a prescribed offence, and where there are no dependents, must also be closed, under section 16(6) of the Regulation.
- Cases with more than one person, where only one person has an outstanding warrant for a prescribed offence, must have their benefits reduced by $160.00 per month, per section 16(4) of the Regulation. Cases where both adults have outstanding warrants but also have dependents must be reduced by $160.00 per month, per outstanding warrant. Additionally, the following benefits should be removed from the budget when they are provided to the adult with the outstanding warrant:
- any special needs as per section 9 of Schedule A of the Regulation,
- volunteer activities as per section 9 of Schedule A of the Regulation, and/or
- special diets as per section 4 of Schedule A of the Regulation
- Cases with reduced benefits are eligible for full shelter and health benefits (waiting periods for optical and dental benefits still apply).
NOTE: Under section 16(8) of the Regulation, participants residing in hospital or violence crisis facilities are temporarily exempt from this policy until they are able to live in the community again. Additionally, the Director has the authority to continue to provide full benefits in exceptional circumstances, on the basis that a benefit reduction or denial of benefits would cause significant hardship to the household.