2025-0264 Part C – Decision Under Appeal ! " # $ " %& & ' ( ) *+), - % $ & . / % # ##& ) !+
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2025-0264 4 $ % , ! &# % 4- # " & - 40 " % = & 01 % #7 % %& + # 40 # " # $. %& & +
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2025-0264 Part F – Reasons for Panel Decision " " # $ & 4- # ' ( ) *+), $. & " & &- - % +
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2025-0264 4 / 8 & # ( 2 # & & % # - %01 # - " &H # +0 #& ) ! $ C & 01 " ', # + 01 '* + " ') # "" # 7# # # $ # #$.+ 4- # $ 8 % # +%&$. # 8 ') +
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2025-0264 &
) *++,) -, Information and verification 5 (1)For the purpose of determining or auditing eligibility for child care subsidies, the minister may do one or more of the following:
(a)direct a person who has applied for a child care subsidy, or to or for whom a child care subsidy is paid, to supply the minister with information within the time and in the manner specified by the minister;
(b)seek verification of any information supplied by a person referred to in paragraph (a); (c)direct a person referred to in paragraph (a) to supply verification of any information supplied by that person or another person;
(d)collect from a person information about another person if (i)the information relates to the application for or payment of a child care subsidy, and (ii)the minister has not solicited the information from the person who provides it. (2)A person to or for whom a child care subsidy is paid must notify the minister, within the time and in the manner specified by regulation, of any change in circumstances affecting their eligibility under this Act.
(3)If a person fails to comply with a direction under subsection (1) (a) or (c) or with subsection (2), the minister may
(a)declare the person ineligible for a child care subsidy until the person complies, or (b)reduce the person's child care subsidy. (4)For the purpose of auditing child care subsidies, the minister may direct child care providers to supply the minister with information about any child care they provide that is subsidized under this Act.
Overpayments, repayments and assignments 7 (1)If a child care subsidy is paid to or for a person who is not entitled to it, that person is liable to repay to the government the amount to which the person was not entitled.
(2)Subject to the regulations, the minister may enter into an agreement, or may accept any right assigned, for the repayment of a child care subsidy.
(3)A repayment agreement may be entered into before or after a child care subsidy is paid. (4)An amount that a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is a debt due to the government and may
(a)be recovered by it in a court of competent jurisdiction, or (b)be deducted by it from any subsequent child care subsidy or from an amount payable to that person by the government under a prescribed enactment.
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2025-0264 (5)The minister's decision about the amount a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is not open to appeal under section 6 (3).
Child Care Subsidy Regulation, BC Reg 74/97 Amount of subsidy 8 (1)In this section: "full time child care" means child care for which the minister may pay a child care subsidy that is provided for the equivalent of at least 20 full days per month;
"full time subsidy amount", in relation to a child receiving part time child care, means the monthly child care subsidy determined in accordance with subsection (3), (4) or (5), as applicable, that would apply if the child were receiving full time child care;
"number of full days" means the number of full days per month for which the minister may pay a child care subsidy;
"number of half days" means the number of half days per month for which the minister may pay a child care subsidy;
"parent fee" in relation to a parent, means the fee the parent is charged by the applicable child care provider for child care for which the minister may pay a child care subsidy;
"part time child care" means child care for which the minister may pay a child care subsidy that is provided for less than the equivalent of 20 full days per month.
(2)For the purposes of applying the definitions of "full time child care" and "part time child care" in subsection (1), 2 half days are the equivalent of one full day.
(3)If a family's adjusted annual income is less than or equal to the following, the monthly child care subsidy for a child receiving full time child care is the parent fee or the amount set out in Column 3 of the applicable table in Schedule A, whichever is less, for the type of child care the child is receiving:
(a)$45 000 for a child receiving child care in a licensed child care setting; (b)$39 000 for a child receiving child care in a registered licence-not-required child care setting; (c)$24 000 for a child receiving child care (i)in a licence-not-required child care setting, or (ii)in the child's own home as described in section 2 (c). (4)If a family's adjusted annual income exceeds the applicable amount under subsection (3) (a), (b) or (c), the monthly child care subsidy for a child receiving full time child care is the parent fee or the amount determined in accordance with the applicable formula in Schedule A, whichever is less, for the type of child care the child is receiving.
(5)Despite subsections (3) and (4), the monthly child care subsidy for a child described in section 7 (2) who is receiving full time child care is the parent fee or the amount set out in Column 3 of the applicable table in Schedule A, whichever is less, for the type of child care the child is receiving.
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2025-0264 (6)If child care is provided through a Young Parent Program and the child care provider operating the Young Parent Program confirms, in the form specified by the minister, that the parent is participating in the Young Parent Program,
(a)despite subsections (3) and (4), the monthly child care subsidy for a child who is receiving full time child care provided through the Young Parent Program is $1 500, and
(b)despite subsection (7), the monthly child care subsidy for a child receiving part time child care provided through the Young Parent Program is the amount determined in accordance with the following formula:
(number of half days × 0.5) + number of full days × 1 500 20
(7)The monthly child care subsidy for a child receiving part time child care is the parent fee or the amount determined in accordance with the following formula, whichever is less, for the type of child care the child is receiving:
(number of half days × 0.5) + number of full days × full time subsidy amount 20
(8)Despite subsection (7), the monthly child care subsidy for a child receiving part time child care provided in a licensed preschool is the parent fee or the amount determined in accordance with the following formula, whichever is less, for that type of child care:
number of half days × full time subsidy amount 20
(9)Despite subsection (7), the monthly child care subsidy for a child receiving part time child care that is care surrounding school day is the parent fee or the amount determined in accordance with the following formula, whichever is less, for that type of child care:
(number of half days × 0.83333) + number of full days × full time subsidy amount 20
(10)If the child care is arranged or recommended by staff delegated under the Child, Family and Community Service Act, after staff have
(a)offered support services or agreements to the child and family under section 16 (2) (a) of that Act,
(b)begun an assessment under section 16 (2) (b.1) of that Act, or (c)begun an investigation under section 16 (2) (c) of that Act,
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2025-0264 the minister may pay any increase in the amount of the child care subsidy that the minister considers necessary to ensure that the child care is provided.
[en. B.C. Reg. 148/2018, App. 1, s. 6.]
Notifying the minister of change in circumstances 14 The notification required by section 5 (2) of the Act must be given in writing or by telephone, (a)as soon as possible after any change in circumstances affecting the eligibility of the parent, and (b)to an employee in the Child Care Service Centre. [am. B.C. Regs. 337/2008, s. 5; 148/2018, App. 1, s. 10.] Accounts and payment 15 (1)Child care providers must submit billing for child care subsidies to the minister in the manner and form specified by the minister.
(2)The minister must pay (a)child care subsidies for child care described in section 2 (c) directly to the parent, and (b)child care subsidies for child care described in section 2 (a), (b) or (b.1) directly to the child care provider.
(3)Despite subsections (1) and (2), a non-profit agency providing child care support services may pay the caregiver and submit accounts to the ministry for reimbursement.
(4)If a licence issued for a child care setting under the Community Care and Assisted Living Act is cancelled, the minister may accept, for up to 30 days after the date the licence is cancelled, billing for subsidized child care provided in that setting.
(5)No child care subsidy will be paid to a child care provider under subsection (2) (b) for a day on which the child care setting is closed, unless the day is a statutory holiday.
(6)In subsection (5), "statutory holiday" means any day, except Sunday, that is listed as a holiday in the Interpretation Act.
[am. B.C. Regs. 387/2004, s. 3; 281/2005, s. 10.]
Early Learning and Child Care Act, SBC 2021, c 22 Information and verification 7 (1)For the purpose of determining or auditing eligibility for a child care benefit, the minister may do one or more of the following:
(a)direct an applicant for or recipient of a child care benefit to supply information to the minister within the time and in the manner specified by the minister;
(b)seek verification of any information supplied by a person referred to in paragraph (a); (c)direct a person referred to in paragraph (a) to supply to the minister verification of any information supplied by that person or another person;
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Part G – Order The panel decision is: (Check one)
APPEAL NUMBER 2025-0264
Unanimous
By Majority
The Panel Confirms the Ministry Decision Rescinds the Ministry Decision If the ministry decision is rescinded, is the panel decision referred back to the Minister for a decision as to amount? Yes No
Legislative Authority for the Decision: Employment and Assistance Act Section 24(1)(a) or Section 24(1)(b) Section 24(2)(a) or Section 24(2)(b)
Part H – Signatures Print Name Anil Agarwal Signature of Chair
Print Name Margarita Papenbrock Signature of Member
Print Name Adam Shee Signature of Member
EAAT003 (17/08/21)
Date (Year/Month/Day) 2025/09/28
Date (Year/Month/Day) 2025/10/17
Date (Year/Month/Day) 2025/10/19
Signature Page