Ombudsperson Report: Short-Changed

Last updated on December 4, 2024

The Ministry of Children and Family Development (MCFD) is committed to sharing with British Columbians the actions taken in response to recommendations provided by its oversight bodies, including the Office of the Ombudsperson.

Short-Changed: Ensuring federal benefits paid to the province reach caregivers of children with disabilities, May 31, 2022

The office of the Ombudsperson investigated a complaint regarding the ministry’s practice of claiming out-of-care children as dependents under the federal Children’s Special Allowance Act, and the resulting impact on families who care for children with disabilities pursuant to Section 54.01/54.1 orders under the Child, Family and Community Service Act.

The ministry welcomes and appreciates this report, as it offers valuable insights on strengthening supports and services for children and youth with disabilities and their families and caregivers.

The investigation found the ministry’s practice to be unjust and a report with four recommendations was published on May 31, 2022. MCFD accepted the intent of the recommendations and implemented all of them.

Under the federal Children’s Special Allowances Act, an agency of, or appointed by, the Province that substantially maintains a child is the eligible beneficiary of the Children’s Special Allowance.

MCFD has updated the Ombudsperson on the implementation of all the recommendations.

Ministry response

The ministry has taken the following steps in response to this report:

  • Since 2019, the ministry ensures that any increase to the Federal Canada Child Benefit is reflected in caregiver maintenance rates.
  • Beginning February 17, 2022, the ministry provides an ongoing monthly payment equal to the Child Disability Benefit to eligible out-of-care providers who have an active contract with MCFD or an Indigenous Child and Family Services Agency retroactive to April 2019.
  • On July 27, 2023, the ministry provided the retroactive payment equal to the Child Disability Benefit to out-of-care providers who were eligible but did not have active contracts with MCFD or an Indigenous Child and Family Service Agency when retroactive payments were initially disbursed.
  • Beginning in 2023, the ministry has proactively conducted outreach to provide application information to out-of-care providers who may be eligible for this additional support.