Welfare Fraud: The Constitution of Social ... - York University

for risk of fraud through the C.V.P. He was called in and asked to explain how he
survived on $20/month. He explained that he received some food from his grandmother,
and other friends and family members. He was required to itemize exactly what he
received. The items were assigned a cost based on local grocery flyers and assessed a
total value of $70. He was then deemed to be in receipt of $70 income/month and this
was deducted from his benefits, and as a result, he was no longer able to pay his rent.
Herd and Mitchell report a similar incident occurring to 'K', a recipient interviewed for
their study. 'K' asks, "Do you know what my worker told me She is not giving me
enough money to make it on a monthly basis so she knows that I'm defrauding them, but
just hasn't figured out how yet. I get $1106 a month and between my rent, heat and
hydro which is all in one, it's $950. So she knows I'm defrauding them, she just hasn't
figured out how and because of that, and because of the new government standards,
they can actually call me in every month for an update." 105
Recipients fear the consequences that may befall them if they are unable to provide the
requested documentation. As Herd and Mitchell have observed, recipients are under the
constant threat and fear of cheques being suspended or cancelled. 106 This fear derives
from a material reality; subsection 7(3) of the O.W.A. provides that no person is eligible
unless s/he provides the information and verification of the information required to
determine eligibility. Similarly, and more expansively, section 14 of the O.W. General
Regulation provides that the administrator "shall [emphasis added] determine that a
person is not eligible for income assistance if the person fails to provide the information
the administrator requires to determine initial or ongoing eligibility for income
assistance.” This information includes such things as new or changed circumstances,
participation in employment assistance activities, and the receipt of income or "some
other financial resource." 107
Respondents explained that in their experience, cheques were often held until
information was provided. Some noted that they have seen cases where the recipient
was simply notified by letter that his/her cheque was being held until the required
105 Herd and Mitchell, supra note 34 at p.48; note that subs. 14 (2) of O. Reg. 134/98 permits the
Administrator to require a member of the benefit unit to provide monthly reports.
106 Herd and Mitchell, supra note 34.
107 Section 14, O.Reg. 134/98.
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