Difference between revisions of "Welfare Appeals (21:XI)"
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:'''NOTE:''' Whenever a client asks about appealing a decision, begin by checking [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#section17 s 17 of the EAA], [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#section16 s 16 of the EAPWDA], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section81 s 81 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section73 s 73 of the EAPWDR] to ensure the decision is appealable. Then, review the legislation to understand the law affecting the decision. | :'''NOTE:''' Whenever a client asks about appealing a decision, begin by checking [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#section17 s 17 of the EAA], [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#section16 s 16 of the EAPWDA], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section81 s 81 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section73 s 73 of the EAPWDR] to ensure the decision is appealable. Then, review the legislation to understand the law affecting the decision. | ||
== E. | == 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. They 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. | ||
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A client should submit the following with a request for reconsideration: | A client should submit the following with a request for reconsideration: | ||
#'''Evidence:''' clients should submit any relevant documentary evidence with the request for reconsideration. It is essential to provide complete evidence at this stage, and cover all possible evidentiary issues, as the Ministry allows only limited evidence at the next appeal stage; AND | |||
#'''Argument:''' it is also good to provide a written summary outlining why the client is eligible for the benefit. | |||
If a client is not able to submit all relevant evidence and argument to the Ministry within the 20 business day deadline, they can request (in writing) an extension to do so of up to 10 business days. They must still submit the completed Request for Reconsideration form to the Ministry within the initial 20 business day deadline, but can indicate on that form that they require an extension of time to provide supporting evidence and argument. | If a client is not able to submit all relevant evidence and argument to the Ministry within the 20 business day deadline, they can request (in writing) an extension to do so of up to 10 business days. They must still submit the completed Request for Reconsideration form to the Ministry within the initial 20 business day deadline, but can indicate on that form that they require an extension of time to provide supporting evidence and argument. | ||
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Once a client submits a complete Request for Reconsideration form to the Ministry, the Ministry must provide a written response to the reconsideration request within 10 business days. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section80 Section 80(b) of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section72 s 72(b) of the EAPWDR] provide that, with the agreement of both parties, the Ministry may have up to an additional 10 business days to make its decision. These are the sections that are relied upon when requesting an extension of time to provide additional evidence and argument in support of a client’s completed Request for Reconsideration form. | Once a client submits a complete Request for Reconsideration form to the Ministry, the Ministry must provide a written response to the reconsideration request within 10 business days. [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section80 Section 80(b) of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section72 s 72(b) of the EAPWDR] provide that, with the agreement of both parties, the Ministry may have up to an additional 10 business days to make its decision. These are the sections that are relied upon when requesting an extension of time to provide additional evidence and argument in support of a client’s completed Request for Reconsideration form. | ||
'''NOTE:''' While going through this process, it is also well worth contacting the Supervisor at the client’s Ministry office to try and negotiate a solution, particularly if the decision appears to be obviously unfair and out of line with the legislation. | :'''NOTE:''' While going through this process, it is also well worth contacting the Supervisor at the client’s Ministry office to try and negotiate a solution, particularly if the decision appears to be obviously unfair and out of line with the legislation. | ||
== F. APPEAL LEVEL 2: Appeal to the EAAT == | == F. APPEAL LEVEL 2: Appeal to the EAAT == | ||