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Difference between revisions of "Welfare Appeals (21:XI)"

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Welfare Appeals (21:XI) (view source)

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*appeal to the Employment and Assistance Appeal Tribunal or “EAAT” (an independent tribunal).   
*appeal to the Employment and Assistance Appeal Tribunal or “EAAT” (an independent tribunal).   


To seek reconsideration, a person must obtain and complete a “Request for Reconsideration” form and return it to the Ministry '''within 20 business days of being notified of a decision''', along with relevant documents, to request a reconsideration of a Ministry decision. Applicants can pick up "Request for Reconsideration" forms at Ministry Offices.     
To seek reconsideration, a person must obtain and complete a “Request for Reconsideration” form and return it to the Ministry '''within 20 business days of notification of a decision''', along with relevant documents, to request a reconsideration of a Ministry decision. Applicants can pick up "Request for Reconsideration" forms at Ministry Offices.     


To appeal a reconsideration decision to the EAAT, a person must submit a Notice of Appeal form within '''seven business days''' of notification of the reconsideration decision.  
To appeal a reconsideration decision to the EAAT, a person must submit a Notice of Appeal form within '''seven business days''' of notification of the reconsideration decision.  
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== C. Reconsideration and Appeal Supplements (Benefits While an Appeal is Pending) ==
== C. Reconsideration and Appeal Supplements (Benefits While an Appeal is Pending) ==


If a recipient is seeking reconsideration or appeal of a decision to discontinue or reduce a benefit or supplement, they may continue to receive the benefit or supplement while awaiting the outcome of the reconsideration or appeal. This is called a “reconsideration supplement” or “appeal supplement”.  
If a recipient is seeking reconsideration or appeal of a decision to discontinue or reduce a benefit or supplement, they may continue to receive the benefit or supplement while awaiting the outcome of the reconsideration or appeal. This is a “reconsideration supplement” or “appeal supplement”.  


Before paying a reconsideration or appeal supplement, the Ministry requires people to sign an agreement saying they will repay the benefit if the appeal fails. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section54 s 54 of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section52 s 52 of EAPWDR].  
Before paying a reconsideration or appeal supplement, the Ministry requires people to sign an agreement saying they will repay the benefit if the appeal fails. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section54 s 54 of EAR] and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section52 s 52 of EAPWDR].  
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*A decision denying someone a special supplement for which they have applied;  
*A decision denying someone a special supplement for which they have applied;  
*A decision that a person is in a “dependent” relationship with someone they live with (e.g. a spousal relationship), and the Ministry must treat them as being in the same family unit; and  
*A decision that a person is in a “dependent” relationship with someone they live with (e.g. a spousal relationship), and the Ministry must treat them as being in the same family unit; and  
*A decision that a person has received a welfare overpayment that he or she must repay.  
*A decision that a person has received a welfare overpayment that they must repay.  


There are many other types of decisions that applicants can appeal.   
There are many other types of decisions that applicants can appeal.   
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== E. APPEAL LEVEL 1: Reconsideration ==
== E. APPEAL LEVEL 1: Reconsideration ==


Reconsideration is a “paper review” by the Ministry with no hearing. To request reconsideration, the client needs to fill in Request for Reconsideration form. He or she may need to ask for this form, although often it will come with the Ministry decision.  
Reconsideration is a “paper review” by the Ministry with no hearing. To request reconsideration, the client needs to fill in Request for Reconsideration form. They may need to ask for this form, although often it will come with the Ministry decision.  


The client '''must''' get the completed request for reconsideration in to the Ministry '''within 20 business days from the day the client was informed of the decision.'''  
The client '''must''' get the completed request for reconsideration in to the Ministry '''within 20 business days from the day the client was informed of the decision.'''  
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*Representatives should read [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#part6 Part 6 of the EAR] carefully to offer advice on the appeal process.   
*Representatives should read [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#part6 Part 6 of the EAR] carefully to offer advice on the appeal process.   
*The representative should determine what the issues are and read all of the relevant sections of the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002 EAA] or the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act EAPWDA] and the associated Regulations.   
*The representative should determine what the issues are and read all the relevant sections of the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002 EAA] or the [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act EAPWDA] and the associated Regulations.   
*A representative should have the client fill out a “Consent to Disclosure of Information- Service Authorization” (HR3189A) form authorizing the representative to examine the client’s Ministry file and to make service requests on behalf of the client (i.e. requests for reconsideration or appeal). The “Consent to Disclosure” (H3189) form authorizes only the release of information and does not authorize representatives to make service requests on the client’s behalf, so LSLAP students will generally want to use the former. These forms can be found here: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/master-lists/forms-and-letters-master-list.  
*A representative should have the client fill out a “Consent to Disclosure of Information- Service Authorization” (HR3189A) form authorizing the representative to examine the client’s Ministry file and to make service requests on behalf of the client (i.e. requests for reconsideration or appeal). The “Consent to Disclosure” (H3189) form authorizes only the release of information and does not authorize representatives to make service requests on the client’s behalf, so LSLAP students will generally want to use the former. These forms can be found here: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/master-lists/forms-and-letters-master-list.  
*Also, if the case is at the EAAT level, applicants should complete a “Release of Information” form from the EAAT website.  These forms are necessary for communicating with the Ministry and the EAAT about the client’s case.   
*Also, if the case is at the EAAT level, applicants should complete a “Release of Information” form from the EAAT website.  These forms are necessary for communicating with the Ministry and the EAAT about the client’s case.   
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