A 麻豆精选 woman says her brother, who has developmental disabilities, is caught up in the bureaucratic red tape of the Home Owner鈥檚 Grant Administration (HOGA).
Sue Boser鈥檚 brother Darran was living with their mother until she died three years ago.
He stayed in the home until the mother鈥檚 estate was settled, and for the past year has been living independently, with supports, in a condo that was purchased through a trust.
However, Boser said the provincial finance ministry doesn鈥檛 have a way to grant Darran disability status for the HOG because the condo is held in trust and registered in her name.
鈥淭he house was in my mom鈥檚 name we were actually able to claim the grant with my brother because it was his primary residence,鈥� she said. 鈥淣ow it feels like all the rules have changed.鈥�
Under HOGA rules Darran is considered a beneficial owner and the ministry legislation the administration follows does not recognize beneficial owners.
That means his sister is the only person who can apply for the grant.
However, Boser is not able to do that as she has her own primary residence to claim, so Darran had to pay the full amount on property taxes instead of receiving a refund.
Also, because the condo is held in trust, Boser said Darran was not eligible for disability status on the provincial transfer tax ($7,800) when the property was purchased.
Darran鈥檚 trust pays for items such as utilities, and medical and dental expenses, and he receives an income of approximately $20,000 a year.
BC United MLA and Opposition Finance Critic, Peter Milobar, is aware of the Boser鈥檚 situation.
鈥淚t doesn鈥檛 sound like they鈥檙e (province) willing to provide an override and I don鈥檛 think legislatively they have that ability, and that鈥檚 the problem,鈥� he told Black Press.
Milobar added that the ministry needs to modernize and understand what many families with aging members and individuals with disabilities are living with.
鈥淵ou would think the government would say okay we need to look at how we鈥檙e interpreting, and we have no wiggle room, we need to look at changing to provide that ability.鈥�
Black Press Media requested an interview with a representative from the finance ministry and was provided with an emailed statement.
鈥淲hile we can鈥檛 speak to specific situations, under the Home Owner Grant Act, a trustee can claim the grant if they live at the same home as the beneficial owner.鈥�
鈥淏eneficial owners established through a trust are not eligible for the grant, and a trustee cannot claim a grant on behalf of the beneficial owner.鈥�
鈥淲hen trusts are established, we recommend that individuals speak with a legal professional to understand the potential legal tax and grant implications for both trustees and beneficial owners,鈥� the statement read in part.
Boser said she has consulted with a lawyer to see what can be done to help her brother in the future.
鈥淚t鈥檚 not just for my brother. I鈥檓 sure there are other people in the same situation. I hope that people who support those with disabilities voice their concerns to their MLAs, we have to stick together to create change.鈥�
Milobar agrees.
鈥淔eeling like you鈥檙e being penalized because of some paperwork on the backside of your housing situation just doesn鈥檛 seem to be in step with all the other things we鈥檙e trying to do to have inclusion and disability rights in British Columbia,鈥� he said.
READ MORE: Central Okanagan local state of emergency comes to an end
READ MORE: 鈥榃e鈥檙e dead set against this鈥�: West 麻豆精选 residents concerned over housing development
