Call to Action: Remove the Spousal Cap

The discriminatory policy has been updated; it’s time for it to be removed altogether.

Sent November 20, 2025 to Minister of Social Development and Poverty Reduction Shelia Malcolmson, Minister of Children and Family Development Jodie Wickens, and Premier David Eby
co-written by Vivica Ellis (Centre for Family Equity), Rowan Burdge (BC Poverty Reduction Coalition), and Helaine Boyd (Disability Alliance BC)

We welcome the announcement that, starting December 1, 2025, couples where both partners receive disability assistance will receive the same support as if they were single, and that starting January 1, 2026, couples where one partner has the Persons with Disabilities designation will see increased earnings exemptions. This change is a meaningful and welcome step toward dismantling the outdated ‘spousal cap’ that for too long kept people with disabilities trapped in poverty. 

We want to begin by congratulating and commending you for the changes, which will doubtlessly improve the quality of life, economic security, safety, and health of many people with disabilities in BC. 

However, this admiral change and update to a discriminatory policy still leaves many people with disabilities and their children, youth and families who are still experiencing clawbacks on

their income based on their partner's income, or whose benefits are impacted by their spouse, behind. 

Children and youth being raised in households impacted by parental disability status have a right to the full income of their parents and caregivers. The spousal cap assumes a non-disabled partner is responsible for the disabled partner’s livelihood and well-being. This circles back to outdated, patriarchal laws of many decades prior. The spousal cap is in direct opposition with a person’s right to independence and equal opportunity, and therefore discriminates against people with disabilities and their families. 

Our organizations will continue to advocate for the full removal of the spousal cap for all persons with disabilities and their households, and for the elimination of all income clawbacks that keep people and families in deep levels of poverty. Until people are supported adequately regardless of relationship status, many will continue to live with insecurity and exclusion. 

We advocate for policies that support access to income and greater pathways to labour market inclusion and attachment for those marginalized by poverty and disability. 

We implore you to go the full distance and remove the spousal cap entirely for all people on disability assistance in BC. 

We look forward to the Province moving quickly to fulfill the commitment to ending the spousal cap to ensure that no one with a disability and their family unit is left behind.