I Have Been Denied or Cut off Welfare

Most people get welfare through the provincial government Ministry of Housing and Social Development (MHSD). However, people living on an Indian Reserve get welfare through the Band or Tribal Council in the area they live. The process below is roughly the same on and off reserve.

If you have had a welfare benefit denied, cut off or reduced, you may be able to ask for a reconsideration of that decision. If you are not satisfied with the results of the reconsideration, you may be able to appeal the decision to an appeal tribunal.

First steps

1. Ask your worker why the benefit was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
2. Ask your worker to prepare and provide you with a Request for Reconsideration form. Make sure that any evidence the Ministry used to make their decision is attached to the form.
3. Complete the Request for Reconsideration form and return it to the welfare office within 20 business days. In completing the form, focus on how the Ministry applied the welfare rules incorrectly.

It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can. If you have to appeal a decision after reconsideration, you may be limited to the information you used in your original Request for Reconsideration.

What happens next

You should receive a response to your reconsideration within a couple of weeks. If you don’t, call the supervisor at the welfare office.

The reconsideration decision will say whether or not the benefit will be granted or continued. It should also specify the law or policy on which the reconsideration decision was based, and indicate whether you may appeal the decision to an Appeal Tribunal.

If you don’t agree with the reconsideration decision:

1. Decide whether to appeal or simply re-apply for the benefit. In some cases, it may be easier and quicker to re-apply for the benefit with more evidence than you gave the first time. Welfare advocates can help you make this decision. [See #44-PovNet for contact and website information for welfare advocates in your area.]
2. Get a copy of a Notice of Appeal to the Employment and Assistance Appeal Tribunal from the welfare office.
3. Complete the Notice of Appeal and return it to the welfare office within 7 days after you received the reconsideration decision.

If you live on an Indian Reserve, call the Band Office and ask to speak to the social development worker. This person can help with your application for emergency income assistance or hardship benefits.

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

• 35-Legal Services Society Publications: “Your Welfare Rights: A Guide to BC Employment and Assistance”, “Social Assistance on Reserve in British Columbia”.
• 7-BC Employment and Assistance website. Click on “Reconsideration and Appeals”.
• 44-PovNet, for contact and website information for welfare advocates near you.
• 31-LawLINE.
• 1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.

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