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Expected to Work/Barriers to Full Employment Policy & Procedures

Published Date: October 03, 2023
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05 Limited/Ineligible Groups

Persons Involved in Justice System

AUTHORITY

Income and Employment Supports Act, sections 2 and 6
Income Support, Training and Health Benefits Regulation, section 15

INTENT
To describe the policies and practices in place for persons involved in various stages of the justice system.

POLICY
Persons who are incarcerated or who are unable to work as a condition of their sentence or release are not eligible to receive Income Support benefits.

Groups of ineligible persons may include:

  • Persons who are unable to work due to the specific condition(s) of their sentence or release.
  • Persons held in custody in a provincial or federal correctional center.
  • Persons required by Correctional Service Canada (CSC) to reside in a half-way house or Community Residential Centre.
  • Persons on day parole from a federal correctional centre or Community Residential Centre. 

Release from a Correctional Facility
There are several conditions under which a person can be released from a federal or provincial correctional facility.

Type of Release

Circumstance 

Statutory Release of Parole

Release from a federal institution administered by CSC

Temporary Absence (Provincial)

Temporary release from a provincial facility administered by Alberta Justice

Probation

Non-custodial release issued by Alberta Justice

Provincial Parole

Release from a provincial facility administered by Alberta Justice


Eligibility for Income Support (IS) is based, in part, upon the conditions of release.

Provided they meet all other eligibility conditions, the following persons may be eligible for IS benefits:

  • Persons on temporary absence;
  • Persons released on full-parole from the provincial system (note: provincial parole has no other form of release other than full parole);
  • Persons residing in a half-way house or Community Residential Centre who are not required by the conditions of their release to do so; and
  • Persons released to live in the community-at-large without a specific residency requirement.


Substantiation
To determine eligibility, the following is required:

  • Verbal statement from the recipient or applicant on the conditions of their release; and
  • If there are conditions to their release that would impact eligibility for IS, official documents to substantiate their status and possible eligibility for IS. Documentation includes Parole Order, Permits, Release Certificate, or Probation Order.

Persons involved in the justice system must verbally declare the conditions of their release. Additional documents may be requested if a person is on a conditional release that would impact their IS eligibility. Documentation includes Parole Order, Permits, Release Certificate, or Probation Order.

Note

Not all individuals involved with the justice system who are released with conditions will have release orders to submit as official documentation. In these situations, if there are concerns that information is being withheld, staff may connect with the individual’s probation officer to determine the individual’s conditions and document in Compass to meet substantiation requirements.

 

PROCEDURES

Matching LISA and Alberta Justice Inmate Records
Alberta Justice provides Community and Social Services with monthly computer data which matches the names of offenders in provincial correctional centres with those of active IS clients. Clients incarcerated in provincial correctional centres and who are currently receiving IS benefits are identified on report SEIP 3850-1 Alberta Community and Social Services Match between LISA and Alberta Justice.

When using the SEIP 3580-1 report, the worker:

  1. Reviews the “SEIP 3850-1 AFSS Match Between LISA and Alberta Justice Inmate Records.” This is a monthly report which matches the names of offenders in provincial correctional centres with those of active IS clients. The printout includes the following information:
    1. Admit Date: The most recent date that a person was admitted to the correctional centre. It is possible in some instances for a person to be released on temporary absence and then re-admitted before expiry of their sentence.
    2. Aggregate Sentence: The total number of days to be held in sentence custody. It could combine sentences for more than one conviction.
      Note
      Aggregate Sentences of 0 days means the client is in custody but no sentence has been imposed as of the report date.
    3. ORCA Number: A unique identifier that Alberta Justice assigns to each offender.
    4. Correctional Centre: Where the client is being held. The initials are explained in the legend on each page of the printout.
    5. Self-Reporting Flag: On admission to a correctional centre, a person is asked whether he or she is receiving social assistance. The answer is recorded as yes (Y) or no (N).
  2. Review the file and determine whether the information is already known.
  3. If there is no record of that client information already on file, contact the client and determine the period of time the client spent in custody.
    If there is no contact from the client or if the client responds but the information provided is suspicious, the worker creates a self-service ticket in BERNIE and requests the exact dates the client was in custody by completing the following steps:
    1. Select “Report an IT issue” tab
    2. Under “Category of Issue” choose “Application/ software”
    3. Under “Short Description” input “INCR information request”
    4. Under “Long Term Description” input “client name, ORCA #, Date of Birth, Last admit date”
    5. Under “How does your issue affect your ability to work” choose “I am able to perform my work…”
    6. Under “How many people are impacted” choose “Just myself”
    7. Click “Submit”
  4. Once the incarceration period has been determined, assess the client’s eligibility and take the appropriate action. This may involve one or more of the following actions:
    • A system closure
    • Referral to the Fraud Investigation Unit
    • Creation of a debt in the Recoveries System.
    • Adjustment of the household unit’s benefit level

Note
No repayment or prorating of benefits is calculated for the first month of incarceration if the client was eligible for IS at the first day of the benefit period.

Note
Child care or homemaking is not provided for the children of a person who has been incarcerated. If there is no adult available to care for children in this situation, workers must refer the person to Children’s Services.


Offenders Unlawfully at Large from a Correctional Facility
When a worker becomes aware that an applicant or recipient is unlawfully-at-large from a provincial or federal correctional centre or Community Residential Centre, the worker is authorized to deny IS eligibility or benefits. In these situations, the following must occur:

  1. Workers must inform the supervisor or manager of their findings.
  2. The Alberta Works Center staff must request a release of information from the Regional Director according to Section 38 of the FOIP Act.
  3. After obtaining the Regional Director’s approval, the Alberta Works Centre staff must inform the nearest police or RCMP detachment of the escapee’s contact with the department.
  4. When the individual has left the Alberta Works Centre, the worker enters alert 03 Eligibility Concerns on CCD.
  5. When benefits are believed to have been obtained fraudulently, the worker refers the client to the Investigations Unit for investigation.


Warrants
If the worker becomes aware of outstanding warrant for an income support client, the worker should consult with their supervisor. The worker should also update the client’s action plan, requiring that the client resolve their outstanding legal issues. If these issues go unresolved, they could negatively affect the person’s employability.

Workers should use their discretion in determining whether to request a release of information and to contact police, in circumstances that may result in a safety concern to staff or to the public.

If the worker determines that a release of information should be requested, the worker must inform their supervisor or manager of the situation.

Imminent Threat to Health or Safety
If the worker suspects there is an imminent threat to the health and safety of staff or the public, police services should be contacted.