B.C. Ombudsperson Jay Chalke speaks at a press conference in Victoria, April 6, 2017. THE CANADIAN PRESS/Chad Hipolito

VICTORIA - British Columbia ombudsperson Jay Chalke says he's satisfied the provincial government has fixed a problem that shortchanged caregivers of children with disabilities by nearly $1.2 million in federal funding.

But Chalke said Thursday that B.C. still hasn't responded to his recommendation from three years ago that it work with Ottawa to fix other systemic inequities in federal legislation.

He said the legislation still denies access to some benefits for extended family members looking after children with disabilities through provincial kinship care agreements.

Chalke's office released a report in 2022 that found the monthly federal child disability benefit, intended to help care for disabled children, was being kept in the province’s coffers instead of being passed on to those with a kinship care agreement with the province.

"Kinship caregivers like grandparents … were not actually receiving the child disability benefit. Instead, the federal government was paying the provincial government this payment, and the province was depositing those funds into provincial general revenue," Chalke told reporters Thursday.

"This is because under the relevant federal legislation, the federal government doesn't recognize the role or responsibilities of kinship caregivers, but instead considers the province to be maintaining the child."

An update to the 2022 report, published Thursday, says the provincial Ministry of Children and Family Development has since transferred payments of nearly $1.2 million to 251 eligible caregivers as of the end of April 2024, to cover the shortfall retroactive to April 2019.

Chalke said his office decided to recommend payments be retroactive to 2019 because that is when the province was first made aware of the problem but chose to do nothing about it.

"Essentially, the province was enriching itself at the expense of these families," he said.

Chalke said the B.C. government has also ensured an amount equal to the federal benefit, about $264 per month per child, is now paid to kinship caregivers of children with disabilities on an ongoing basis.

He said despite this specific problem being resolved, other inequities persist because of the federal position that the province is "maintaining" a child being cared for by extended family under a kinship agreement.

Kinship caregivers cannot claim the disability tax credit on their tax return the way other families can, Chalke noted.

"This is a disadvantage for all kinship caregiver families, but particularly for those who are on limited or fixed incomes. That's why I recommended that the ministry work with its federal counterparts to meaningfully address these ongoing inequities," he said.

"Children should not be disadvantaged because of the way in which their care arrangements are structured. I'm disappointed to report that the ministry has made no progress on this last recommendation."

No one from the Ministry of Children and Family Development was immediately available to comment on Chalke's recommendations.

Chalke said in a statement that the province’s failure to work with the federal government "perpetuates inequitable treatment of these children."

"My office will continue to monitor its progress on this remaining recommendation and will report publicly until we are satisfied that it has been successfully implemented,” he said.

This report by The Canadian Press was first published Jan. 23, 2025

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