Difference between revisions of "I Have Been Denied or Cut off Welfare"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(39 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{Template:Legal Help Guide TOC}}Most people get welfare through the provincial government Ministry of Social Development (MSD). However, people living on an Indian reserve get welfare through the Indian band or tribal council in the area they live. The process below is roughly the same on and off reserve.
{{Template:Legal Help Guide TOC}}
You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for [http://wiki.clicklaw.bc.ca/index.php/I_need_to_apply_for_disability_benefits the PWD designation] or for designation as a Person with Persistent Multiple Barriers to Employment ("PPMB").
 
You can ask for a reconsideration of the Ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.
 
 
{{Tipsbox
| width = 70%
| tips = Most people get welfare through the provincial government Ministry of Social Development and Poverty Reduction. People who live on an Indian reserve get welfare through the First Nations band or tribal council. The process is roughly the same on and off reserve.  
 
If you live on 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, and tell you what to do if you want to appeal a decision.
}}


If you have had a welfare benefit or supplement denied, cut off or reduced, you can ask for a reconsideration of that decision. You can also ask for a reconsideration if you have been denied  a designation as a person entitled to [[I need to apply for disability benefits|disability benefits]]. If you are not satisfied with the result of the reconsideration, you may be able to appeal the reconsideration decision to an appeal tribunal.


== First steps ==
== First steps ==
# Ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# Ask a Ministry 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.
# 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.
# If you need more time to gather documents or other evidence to support your reconsideration request, you may be able to get it. You must still give the Ministry your completed Request for Reconsideration form within 20 business days of the Ministry's decision. When you do that, you can ask the Ministry in writing for more time to provide other supporting information. The Ministry can give you an extension of as long as another 19 business days to do that.
# If you are requesting reconsideration of a decision to cut off or reduce your welfare benefits or a supplement, you can ask the Ministry to give you a "reconsideration supplement" while the Ministry is reviewing your Request for Reconsideration. A reconsideration supplement means the Ministry would pay you welfare benefits or a supplement at the rate you used to get, until the Ministry has had time to make its reconsideration decision. If you lose your Request for Reconsideration, you will have to pay the reconsideration supplement back to the Ministry.
{{Tipsbox
| width = 90%
| tips = It is very important to make your best case when you are requesting a reconsideration. Supply as much information as you can, and attach copies of any documents or other evidence that supports your side of the story. If you have to appeal a decision after reconsideration, '''you may be limited to the information you used''' in your original Request for Reconsideration. It can be a good idea to get help from a welfare advocate. See the listing for [[PovNet]] in the Resource List of this Guide for contact and website information for welfare advocates in your area.}}


== What happens next ==
'''Before you get started:'''
You should receive a response to your reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delayIf you are not satisfied with their explanation, ask to speak to a supervisor.
 
:* Be sure to read the "Reconsideration and Appeal" topic at page 47 of [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare'']. It tells you what steps to take and what to expect.
 
:* Get help from an advocate. (See the listing for PovNet in the Resource List of this Guide for contact and website information for welfare advocates in your area.)
                                   
 
 
'''To start the process:'''
 
Follow the steps in the Reconsideration and Appeal topic at page 47 of [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare''].
   
In summary, here is how you begin:


The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. 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'''.
# You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
# You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
# Follow the tips and information for reconsideration in [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare'']. Complete the Request for Reconsideration form and return it to the welfare office ''within 20 business days''. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly.  Attach copies of any documents or other evidence that supports your side of the story.  If you need more time to give the Ministry more documents or argument, see the information about how to ask for more time at page 47 in [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare''].


If you don’t agree with the reconsideration decision:
# Decide whether to appeal or simply re-apply for the benefit or supplement. 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 [[PovNet]] for contact and website information for welfare advocates in your area.)
# If you decide to appeal, get a copy of a '''Notice of Appeal to the Employment and Assistance Appeal Tribunal''' from the welfare office.
# Complete the Notice of Appeal and return it to the welfare office '''within seven business days''' after you received the reconsideration decision.
# If you are appealing a decision to cut off or reduce your welfare benefits or a supplement, you can ask the Ministry for an "appeal supplement" until the Tribunal makes its decision about your case.  If you lose the appeal, you will have to repay the appeal supplement to the Ministry.


{{Tipsbox
{{Tipsbox
| width = 70%
| width = 70%
| tips = 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, and tell you what to do if you want to appeal a decision.
| tips It is very important to make your best case and supply as much information as you can, when you are requesting a reconsideration. Supply as much information as you can.  Try and find an advocate to help you prepare your Request for Reconsideration. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.
}}
}}
'''What happens next'''
You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.
The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to the [http://www.eaat.ca/home "Employment and Assistance Appeal Tribunal"]. 
If you don’t agree with the reconsideration decision and want to appeal it, you must file a [http://www.eaat.ca/appeal-parties/how-to-appeal Notice of Appeal] with the [http://www.eaat.ca/home "Employment and Assistance Appeal Tribunal"] within 7 business days of the date you received the reconsideration decision.  Get an advocate to help you with your appeal. See the listing for [http://wiki.clicklaw.bc.ca/index.php/PovNet PovNet] in the Resource List of this guide to contact a welfare advocate in your area.


== Where to get help ==
== Where to get help ==
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:
* The Legal Services Society publications: "[http://bit.ly/weyH8C Your Welfare Rights: A Guide to BC Employment and Assistance]" and "[http://bit.ly/xl1EjK Social Assistance on Reserve in British Columbia]".
* [[BC Employment and Assistance]] website: click on "Reconsideration and Appeals".
* [[PovNet]], for their "[http://bit.ly/whbAG9 Find an Advocate]" feature for welfare advocates near you.
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]].
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing]". Clicklaw has many common questions on the topic "Pensions, benefits & welfare".


Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
:*The Legal Services Society publications [http://www.clicklaw.bc.ca/resource/1082 ''How to Apply for Welfare''] and [http://www.clicklaw.bc.ca/resource/1964 ''Income Assistance on Reserve in British Columbia''].
:*[[BC Employment and Assistance]] website. At the website, go to the information on [http://www.mhr.gov.bc.ca/publicat/bcea/appeal.htm Reconsideration and Appeals]
:*[[PovNet]], for their [http://www.povnet.org/find-an-advocate Find An Advocate] feature for welfare advocates near you.
:*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
:*The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1021 If I don’t get welfare this month I’ll lose my housing] and [http://www.clicklaw.bc.ca/question/commonquestion/1106 I have an outstanding arrest warrant and I need welfare. What can I do?]. Clicklaw has many common questions on the topic pensions, benefits & welfare.
 
 
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure to take copies of all the documents about your case.
 
 
{{REVIEWED | reviewer = [[Alison Ward]], July 2021}}


{{Template:Legal Help Guide Disclaimer}}
{{Template:Legal Help Guide Navbox|type=problems}}
{{Template:Legal Help Guide Navbox|type=problems}}
{{Creative Commons for Legal Help Guide}}

Latest revision as of 20:38, 6 August 2021

You have the right to challenge (appeal) most decisions about having a monthly benefit or supplement denied, cut off, or reduced. You can also challenge some decisions about penalties, and if the ministry says you are not eligible for the PWD designation or for designation as a Person with Persistent Multiple Barriers to Employment ("PPMB").

You can ask for a reconsideration of the Ministry’s decision. If that does not work, you can usually file an appeal to the Employment and Assistance Appeal Tribunal, or EAAT.


Tipsandnotes.png
Most people get welfare through the provincial government Ministry of Social Development and Poverty Reduction. People who live on an Indian reserve get welfare through the First Nations band or tribal council. The process is roughly the same on and off reserve.

If you live on 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, and tell you what to do if you want to appeal a decision.


First steps[edit]

Before you get started:

  • Be sure to read the "Reconsideration and Appeal" topic at page 47 of How to Apply for Welfare. It tells you what steps to take and what to expect.
  • Get help from an advocate. (See the listing for PovNet in the Resource List of this Guide for contact and website information for welfare advocates in your area.)


To start the process:

Follow the steps in the Reconsideration and Appeal topic at page 47 of How to Apply for Welfare.

In summary, here is how you begin:

  1. You ask a Ministry worker why the benefit or supplement was denied, cut off or reduced. Get them to tell you what law or policy they based their decision on.
  2. You ask a Ministry worker to prepare and provide you with a Request for Reconsideration form.
  3. Follow the tips and information for reconsideration in How to Apply for Welfare. Complete the Request for Reconsideration form and return it to the welfare office within 20 business days. When you complete the form, focus on how the Ministry applied the welfare rules incorrectly. Attach copies of any documents or other evidence that supports your side of the story. If you need more time to give the Ministry more documents or argument, see the information about how to ask for more time at page 47 in How to Apply for Welfare.


Tipsandnotes.png
{{{2}}}


What happens next

You should receive a response to your request for reconsideration within a couple of weeks. If you don’t, contact the Ministry and ask a worker to explain why there is a delay. If you are not satisfied with their explanation, ask to speak to a supervisor.

The reconsideration decision will say whether or not your benefit or supplement has been granted or refused. It should also say which law or policy the Ministry based the reconsideration decision on, and whether you may appeal the decision to the "Employment and Assistance Appeal Tribunal".

If you don’t agree with the reconsideration decision and want to appeal it, you must file a Notice of Appeal with the "Employment and Assistance Appeal Tribunal" within 7 business days of the date you received the reconsideration decision. Get an advocate to help you with your appeal. See the listing for PovNet in the Resource List of this guide to contact a welfare advocate in your area.

Where to get help[edit]

See the Resource List in this guide for a list of helpful resources. Your best bets are:


Before you meet with a lawyer or advocate, complete the form Preparing for Your Interview included in this guide. Make sure to take copies of all the documents about your case.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Alison Ward, July 2021.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.