The Yukon's policy of clawing back social assistance benefits of families receiving the National Child Benefit Supplement may be a violation of the territory's Human Rights Act, says NDP Leader Todd Hardy.

'I'm very concerned that if the government is in violation of the Human Rights Act, it should be addressed,' he told the Star.

The National Child Benefit Supplement was introduced by the federal government in July 1998 and was directed at reducing child poverty.

The supplement amount varies depending on income, reaching a maximum of approximately $115 per child per month.

While a family with an income of less than $22,615 annually receives the full supplement, a family earning more than $35,000 does not receive it at all.

The supplement comes through the Canada Child Tax Benefit, but is aimed at lower-income families. Statistics show approximately 40 per cent of Canadian families receive the supplement.

In the Yukon, there are 2,600 children receiving the benefit money.

However, in the territory, for the 160 families representing 196 children who are also on social assistance money, the national child benefit is deducted from their social assistance payments.

Individuals receiving social assistance are in need of the extra money provided through the child benefit to help make ends meet, Hardy said.

In essence, the current situation is one government taking what another is giving, he added.

'From our perspective, this is totally wrong.'

The deducted money is reinvested in programs directed at low-income families such as the Kids Recreation Fund, Healthy Families programming, Food for Learning and the Children Drug and Optical programs.

Hardy, however, is saying this 'claw back' policy violates section 7(1) of the Yukon Human Rights Act, which states individuals cannot be discriminated against on the basis of income.

The clause was added to the territory's rights legislation in 1998 while an NDP government was in power and led by the lobbying of Hardy.

Since its implementation, the human rights commission has dealt with 15 complaints based on source of income discrimination.

The situation is not unique in Canada. The money is clawed back in every province and territory in the country but Newfoundland/Labrador and New Brunswick.

In December 2004, three families nationally launched a Charter challenge of the supplement claw back, also claiming it violates the fundamental rights of equality and security.

The money is not deducted from low-income working families, only those who are on welfare.

It does appear there is an unfair application of the claw backs, said Premier Dennis Fentie.

'Those most in need shouldn't be impacted negatively by it,' he said.

Though the Yukon uses the money from the claw back for good programs, it's money coming from the territory's poorest people, said Melissa Craig, the program co-ordinator at the Victoria Faulkner Women's Centre.

There are a lot of low-income parents and families who are unimpressed with the fact they struggle to put food on the table while the money is being used to help other families involve their children in sporting activities, agreed Charlotte Hrenchuk, co-ordinator at the Yukon Status of Women Council.

The money provided through the national child benefit can mean the difference between paying rent and eating or having to pick one or the other, said Hrenchuk.

'The money is intended to help women and children get out of poverty,' she said. 'Women on social assistance do not have enough money to eat and pay the rent.'

A woman on social assistance in the Yukon, raising one child, is generally making about $13,000 a year, said Craig. It places the recipient well below national poverty line, she added.

'These people continue to fall behind,' said Hardy. 'There's a lot of lip service paid to the poor.'

The issue of eliminating claw backs was mentioned by all three parties during this fall's territorial election campaign. The three party leaders all stated their opposition to claw backs during the leaders' debate.

Craig said women's groups are moving to hold the re-elected Yukon Party government accountable to those statements.

A letter was sent to Fentie the day following the Oct. 10 election. It demanded the government follow up on the promises.

'We are requesting your recognition that families on social assistance are generally the poorest people in our communities and federal moneys, which were created to ease some of their struggle, should not be clawed back and reinvested,' states the letter.

'We are asking you to allow these SA (sic) families to keep their National Child Benefit Supplement to help them move forward financially.'

The Department of Health and Social Services has already been directed to work on the issue and is moving, said Pat Living, the communications co-ordinator with the department.

'We will be investigating it,' said Living.

However, she added that because it is a federal program, it must be done in conjunction with the Department of Indian Affairs and Northern Development. First nations' self-governments must be consulted, she said.

'It's something the government committed to and we are starting that process,' said Living. 'Meetings have started to figure out what the implications are for us.'

The elimination of the claw back will cost the department and programming approximately $300,000 a year, she said.

'We know what it will cost us if we don't claw back that money,' said Living, adding there are obvious implications for the Yukon's social assistance program.

Though this program is clawed back, the Yukon child benefit is not.

The government also intends to table 'housekeeping' legislation to keep the $100-per-month federal Conservative child care benefit from being clawed back at income tax time.

'We've been doing things like that all along,' said Fentie. 'We've already taken steps locally where we have full jurisdiction.'

Hardy, however, said he hopes the issue of the national benefit supplement can be addressed during the fall sitting of the legislature.

'It's a simple thing and it's just never been done. It's something that could be very, very easily changed.'