Section 10 - Assistance To Children Under Section 5(1)(f)
Policy
10.1.1 Legislative Base - Assistance to Children Under Section 5(1)(f)
Section 5(1)(f) of The Manitoba Assistance Act provides for the payment of income assistance to a person who would be likely to lack the basic necessities, and who is:
" . . . a child both of whose parents are dead or in the opinion of the director are unable to contribute to his maintenance and who is wholly dependent on another person for his basic necessities;"
10.1.2 Application
All applications taken under section 5(1)(f) of The Manitoba Assistance Act shall be endorsed by "the person" on whom the estranged, abandoned or bereaved child is dependent. The applicant shall provide all information necessary to establish the child’s financial eligibility, including and assets held in trust for the child (see Section 14.3.3), as well as potential financial contributions/resources from the legal parent(s).
10.1.3 Eligibility
No child shall be found eligible under an application for 5(1)(f) enrolment unless all of the following conditions exist:
- the person in need is a child (less than 18 years of age); and,
- the child's parents are dead or unable to provide adequate support due to incarceration or other justifiable circumstances not requiring CFS intervention; and,
- the child depends upon a specific person (i.e. alternate caregiver) other than his or her parent for financial support.
Section 10.1.10 provides more information on circumstances where enrolment of the child on EIA should not be considered.
10.1.4 Function of Legal Aid Manitoba and/or Child and Family Services
Enrolments under section 5(1)(f) are conditional upon confirmation of the alternate caregiving arrangement via a Legal Aid Manitoba In Loco Parentis Acknowledgement and Agreement signed by the parent and the alternate caregiver. Legal Aid Manitoba’s In Loco Parentis Acknowledgement and Agreement acknowledges a temporary child caregiving arrangement between the parent who is receiving income assistance and an alternate caregiver. While the parent maintains legal custody of the child, responsibility for the day-to-day needs of the child is viewed as the responsibility of the alternate caregiver.
Alternately, CFS may be aware of past circumstances where the child has been in the temporary care of the alternative caregiver. Where written acknowledgement of the appropriateness of the caregiving agreement had been provided by CFS, the department may accept this information for the purposes of establishing eligibility for financial supports for a child who is being cared for by an alternate caregiver under section 5(1)(f).
Enrolment of the child on income assistance is not to be considered where the legal parent is not on income assistance and the department is approached by the alternate caregiver seeking financial supports for the child due to insufficient, or no financial resources being provided by the legal parent. If upon further review of the circumstances it is deemed appropriate to advise CFS of this matter, EIA may consider emergency assistance for the child pending a formal response from CFS on the alternate caregiving arrangement.
10.1.5 Functions of Employment and Income Assistance
EIA is responsible for administering financial assistance under the provision of section 5(1)(f) of The Manitoba Assistance Act.
To fulfill its responsibility, EIA:
- reviews applications to assess eligibility enrolment under section 5(1)(f) where a Legal Aid Manitoba Guardianship Agreement/In Loco Parentis Acknowledgement and Agreement or written acknowledgement from CFS of the alternate caregiver living arrangement is provided.
- reviews and establishes financial eligibility for assistance by securing the following basic information to assess eligibility:
- name, age and legal status of the child in question;
- name, ages and address of the legal parents and their financial status, including whether or not they are currently receiving income assistance;
- name, age and address of the prospective person with whom the child will reside;
- any information required for establishment of financial eligibility according to the Regulation under The Manitoba Assistance Act and The Family Maintenance Act;
10.1.6 Authority to Enroll
Where a Legal Aid Manitoba In Loco Parentis Acknowledgement and Agreement and/or written acknowledgement from the local CFS Agency 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.
No enrolment of the child under section 5(1)(f) may occur without the required written documentation from Legal Aid Manitoba or previous information on the alternate caregiving arrangement from CFS. Where required, emergency assistance for the child may be provided pending the receipt of the required documentation.
10.1.7 (deleted)
10.1.8 Rates Payable
- normal assistance at age appropriate rates as dependants when cared for in an income assistance household. Such children shall be included with the family for Health Services, special needs, and other household-related entitlements; and,
- board and room assistance up to the maximum amounts established in the EIA Regulation Schedule B, section 3(a), plus clothing assistance at age appropriate rates when cared for in a household not receiving income assistance. Such children constitute a "unit" when siblings reside together in a situation, with board and room assistance increasing at the rate established in the Regulation Schedule B, section 3(c), and with household entitlement to such items as special needs and Health Services coverage.
10.1.9 Payment of Assistance
Where applicants apply for assistance for their household which includes one or more children who are not the natural or legally adopted children of applicants or their spouses, and where financial eligibility is established, these children should be enrolled under one file under authority granted via Section 5(1)(f) of The Manitoba Assistance Act as a family unit.
Where assistance is being requested solely for the needs of children who are not the natural or legally adopted children of the de facto parent(s)/applicants or their spouses, and not for the entire household, these children may also be enrolled under section 5(1)(f) of The Manitoba Assistance Act providing financial eligibility is established. In the event more than one 5(1)(f) child is enrolled in a family, only one file is necessary. For administrative purposes, the applicant is the youngest child.
Where assistance is being requested solely for the needs of children who are not the natural or legally adopted children of the de facto parent(s)/applicants or their spouses, and not for the entire household, these children may also be enrolled under section 5(1)(f) of The Manitoba Assistance Act providing financial eligibility is established. In the event more than one 5(1)(f) child is enrolled in a family, only one file is necessary. For administrative purposes, the applicant is the youngest child.
10.1.10 Children who are not to be Considered for Enrollment
The following are circumstances where children should not be enrolled under section 5(1)(f):
- Children whose parent(s) are not receiving income assistance.
- Children whose legal status is pending a court decision with respect to an application for guardianship by CFS.
- Any situations where protection concerns have resulted in the removal of the child from his or her home (e.g., physical/sexual abuse) by CFS.
- While a Voluntary Placement Agreement is in place.
- Children who are in conflict with their parents and where enrolment would serve to undermine the parents' rights and responsibilities.
- Mothers under the age of 16 years of age.