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Difference between revisions of "Welfare Appeals (21:XI)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 1st 2022}} | ||
{{LSLAP Manual TOC|expanded = welfare}} | {{LSLAP Manual TOC|expanded = welfare}} | ||
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To request an appeal, file a Notice of Appeal with the EAAT or deliver it to a local Ministry office. The EAAT or the Ministry must receive the notice of appeal within 7 business days from the day the client gets the reconsideration decision. One does not need to file evidence or argument at the same time as filing the Notice of Appeal, although one could do so. | To request an appeal, file a Notice of Appeal with the EAAT or deliver it to a local Ministry office. The EAAT or the Ministry must receive the notice of appeal within 7 business days from the day the client gets the reconsideration decision. One does not need to file evidence or argument at the same time as filing the Notice of Appeal, although one could do so. | ||
The EAAT will hold the hearing within 15 business days of the notice of appeal, unless | The EAAT will hold the hearing within 15 business days of the notice of appeal, unless it is adjourned. | ||
If an applicant needs more time once they have filed the notice of appeal, the Tribunal has an adjournment request form online. Ideally the applicant should get the Ministry to consent to the adjournment and send the form in at least 24 hours before the hearing. Applicants can also ask for an adjournment on the day if there is good reason. | If an applicant needs more time once they have filed the notice of appeal, the Tribunal has an adjournment request form online. Ideally the applicant should get the Ministry to consent to the adjournment and send the form in at least 24 hours before the hearing. Applicants can also ask for an adjournment on the day if there is good reason. See section 85 of the EAR. | ||
The following are some notes about the EAAT process: | The following are some notes about the EAAT process: | ||
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*The Ministry sends a representative to advocate for its point of view at most EAAT hearings; and | *The Ministry sends a representative to advocate for its point of view at most EAAT hearings; and | ||
*An advocate or legal counsel may represent appellants before the EAAT. LSLAP students may act in this capacity for clients. | *An advocate or legal counsel may represent appellants before the EAAT. LSLAP students may act in this capacity for clients. | ||
Parties can give evidence at an EAAT hearing in the following forms: | Parties can give evidence at an EAAT hearing in the following forms: | ||
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*'''Oral evidence''' from client or witnesses. | *'''Oral evidence''' from client or witnesses. | ||
Previously, | Previously, the EAAT was not supposed to admit completely new evidence, but only evidence “supporting” what parties put forward at reconsideration. As of January 1, 2020, the EAAT can consider such “evidence that is not part of the record as the panel considers is reasonably required for a full and fair disclosure of all matters related to the decision under appeal”. See section [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#section22 22(4) of the EAA]. Generally speaking, new evidence will be admissible if it is related to the issue on appeal. The EAAT has a guideline on this issue, at http://eaat.ca/guidelines-for-members/ | ||
Further, this broadening of what evidence can be considered at the EAAT is supported by [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#section19.1 section 19.1(d.1) of the EAA] which makes [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04045_01 section 40 of the Administrative Tribunals Act] applicable to the EAAT. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04045_01#section40 s.40(1) of the Administrative Tribunals Act] states that “the tribunal may receive and accept information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law”. | Further, this broadening of what evidence can be considered at the EAAT is supported by [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#section19.1 section 19.1(d.1) of the EAA] which makes [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04045_01 section 40 of the Administrative Tribunals Act] applicable to the EAAT. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04045_01#section40 s.40(1) of the Administrative Tribunals Act] states that “the tribunal may receive and accept information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law”. | ||
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*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. | ||
*If a client has received a decision from the Ministry but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the Ministry and complete and return it to the Ministry. This must be done within 20 business days of getting the decision | *If a client has received a decision from the Ministry but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the Ministry and complete and return it to the Ministry. This must be done within 20 business days of getting the decision and can be done online or in person. It is very helpful if you can help the client to fill in the Request for Reconsideration. Remember you can request an extension of time to submit further evidence and argument in support of a reconsideration. | ||
*If an applicant has already received a reconsideration decision, and the matter is appealable (see above) advise them to complete a Notice of Appeal form and to submit it to the EAAT within seven business days of getting the reconsideration decision. | *If an applicant has already received a reconsideration decision, and the matter is appealable (see above) advise them to complete a Notice of Appeal form and to submit it to the EAAT within seven business days of getting the reconsideration decision. | ||
*With the law as set out by the Act and regulation in mind, the representative should get copies of all relevant documents and review the details of the client’s case. It is vital to have a clear, comprehensive account of the facts as your client understands them. | *With the law as set out by the Act and regulation in mind, the representative should get copies of all relevant documents and review the details of the client’s case. It is vital to have a clear, comprehensive account of the facts as your client understands them. | ||
