Category: New on Clicklaw

Benefits and Services: Social Assistance on Reserve

New on Clicklaw

Social Assistance on ReserveFood, shelter and clothing: these are the basic necessities that directly impact our quality of life. Meeting basic needs can be a challenge on reservations. If you live on reserve and are struggling to pay for food, shelter and clothing you can apply for social assistance.

The LSS Aboriginal Legal Aid BC website has information to help get you started with an application. Below are highlights from the website; visit the site for more detail:

Who can get social assistance

You must be:

  • an adult (19 or over)
  • live on reserve in BC; and
  • one of the following:
    • a Canadian citizen
    • a permanent resident
    • a Convention refugee, or
    • a sponsored immigrant whose sponsor can’t or won’t provide support. (Aboriginal Affairs and Northern Development Canada will decide whether this is the case.)

What is social assistance?

Social assistance is money and other benefits for people who:

  • live on reserve
  • don’t have enough money to meet their needs
  • have no other reasonable way of getting money

In addition to regular benefits, social assistance benefits can include additional benefits for: people with certain types of physical or mental disabilities, people with medical conditions and people who face undue hardship issues like hunger and eviction. Some of these additional benefits are short-term and time-limited.

Where and how to apply for social assistance benefits

You can apply for social assistance with the band social development worker for the reserve you live on. You can reach them by calling the band office for your reserve.

For more information on the types of benefits, how to apply, and who can help, visit the LSS website here: Aboriginal Legal Aid in BC

New Law Focuses on Aboriginal Matrimonial Rights on Reserve

New on Clicklaw

Aboriginal Legal Aid BCThe Family Homes on Reserve and Matrimonial Interests or Rights Act brings into force new laws regarding homes on reserve as of December 16, 2014. The law details who can stay in the family home on a reserve if you and your spouse split up or your spouse passes away.

The law highlights the issue of status. You may be able to remain in the family home even if you’re not a First Nation member and your spouse is.

LSS’s Aboriginal Legal Aid BC website has resources and information to help guide you through the new law.

Why the law was needed

If you were not a First Nations member or status Indian, and your relationship ended or your spouse died, you may not have been allowed to remain in the family home. Due to the negative impact on families – particularly women and children – the law was needed to provide families with rights and options.

What you’ll need to know

Aboriginal Legal Aid BC lists for whom the law applies:

  • At least one of you is a First Nation member or status Indian
  • You’re married (spouses)
  • You’re common law (living with your partner for at least a year)
  • You live on a First Nation reserve

Who the Law Doesn’t Apply To

The Aboriginal Legal Aid BC website has a list of persons the new law doesn’t apply to including if your reserve has a self-government agreement, its own land code or its own matrimonial real property laws.

Any upset to the family dynamic can be stressful. For families on reserve, the added weight of matrimonial real property rights and who can remain in the family home on reserve can potentially increase pressure and stress on all parties involved. It is important to note courts will consider the best interests of the children as keeping connections to their First Nations culture, social and family ties are essential.