Difference between revisions of "Income Assistance: Reconsiderations and Appeals"

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{{REVIEWEDPLS | reviewer = [http://www.eaat.ca/ Alanna Valentine and Marilyn McNamara], Employment and Assistance Appeal Tribunal, and [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/social-development-poverty-reduction Lillian Budac and Melissa Bauer], Ministry of Social Development and Poverty Reduction |date= January 2018}} {{Dial-A-Law TOC|expanded = money}}
The government provides welfare benefits to those in financial need. If the government denies you welfare or reduces your benefits, there are steps you can take to challenge the decision.


{{Dial-A-Law TOC|expanded = employment}}
==What you should know==           
==What help does the BC Ministry of Social Development and Poverty Reduction provide?==
 
The Ministry provides income assistance, disability assistance, hardship assistance, and supplements to eligible people in need. These payments are sometimes called “social assistance” or “welfare”. They are delivered through the Employment and Assistance Programs. For more on these programs, check the [http://www.hsd.gov.bc.ca/bcea.htm Ministry website].
===You have the right to challenge a decision on welfare benefits===
Many reasons might cause you to seek financial help from the BC government — a lack of available jobs, a family breakup, an illness or disability. The government provides '''welfare benefits''' to pay for shelter and daily living costs to those who qualify. These benefits include income assistance, disability assistance, and hardship assistance. The government also pays '''supplements''' for certain things, such as unexpected needs and dental expenses.


==What laws deal with social assistance, reconsiderations, and appeals?==
These government benefits are managed by the [http://gov.bc.ca/sdpr Ministry of Social Development & Poverty Reduction]. The Ministry may decide to refuse, reduce or stop your monthly welfare benefits or a supplement. You have the right to challenge their decision.
Two laws govern BC’s social assistance programs:
*The '''''[http://www.bclaws.ca/civix/document/id/lc/statreg/02040_01 Employment and Assistance Act]''''' '''and its [http://www.bclaws.ca/civix/document/id/complete/statreg/263_2002 Regulation]''' deal with income assistance, benefits for Persons with Persistent Multiple Barriers to employment (PPMB), hardship assistance, and supplements.
*The '''''[http://www.bclaws.ca/civix/document/id/complete/statreg/02041_01 Employment and Assistance for Persons With Disabilities Act]''''' '''and its [http://www.bclaws.ca/Recon/document/ID/freeside/265_2002 Regulation]''' deal with income assistance, disability assistance, hardship assistance, and supplements for people 18 and over who are designated as Persons with Disabilities (PWD).


'''What are your reconsideration and appeal rights?'''
===A challenge of a Ministry decision has three stages===
There are 3 levels of review for ministry decisions on social assistance or welfare.
To challenge a Ministry decision:
*You can ask the ministry for a '''reconsideration''' of ministry decisions that deny, discontinue, or reduce benefits or supplements. For example, you can ask for a reconsideration if the ministry denies your application for monthly assistance or a supplement.
*You can '''appeal''' reconsideration decisions to the Employment and Assistance Appeal Tribunal in some cases.
*Finally, you can ask for '''judicial review''' by the BC Supreme Court of Tribunal decisions, but only in limited cases.


There are 2 other options in cases of problem conduct or interaction with the Tribunal or unfair treatment. They are explained at the end of this script.
* If you disagree with a Ministry decision, you can ask for a '''reconsideration'''. This is an internal review by the Ministry.
* If you disagree with the reconsideration decision, you can '''appeal''' to the Employment and Assistance Appeal Tribunal. The tribunal is an independent body similar to a court.
* If you disagree with the decision of the tribunal, you can go to court to ask for a '''judicial review''' of that decision.


==Three levels of review==
This information explains each of these stages.


==1. Ask for a Reconsideration by the ministry—the first review level==
==Work out the problem==
If you disagree with a ministry decision, first discuss it with the ministry person who made it. If you’re still unhappy with the decision, ask for a reconsideration. You can [https://myselfserve.gov.bc.ca/ ask for a reconsideration online]. Or you can get a package from the Ministry that includes a ''Request for Reconsideration'' form to complete. It’s a good idea to get help completing this form (sources of help are listed at the end of this script).


Not every decision can be reconsidered, but if you are not sure about your case, complete a ''Request for Reconsideration'' form and give it to the ministry. A reconsideration officer will tell you if the decision can be reconsidered. The [http://www.hsd.gov.bc.ca/publicat/bcea/appeal.htm ministry website] has more on this.
===Step 1. Ask for the Ministry’s decision in writing===
As soon as you find out the Ministry made a decision you don’t agree with, ask the Ministry to give you their decision and the reasons for their decision in writing. Ask what law or policy they based their decision on. Also ask for copies of everything they used to make the decision. You have a right to this information.


===How long do you have to submit the reconsideration form?===
{| class="wikitable"
You must sign and return the ''Request for Reconsideration'' form within 20 business days from when the Ministry first notified you of its decision. Include any other documents and evidence you need to support your case—but you can’t submit any new documents after the decision has been made. If you need more time to collect documents, request an extension when you give the signed form to the Ministry. You can ask for an extension of up to 10 business days.
|align="left"|'''Tip'''
Find an '''advocate'''. Advocates are community workers trained to help people. An advocate can tell you if challenging the government’s decision might succeed. They can also help you with the paperwork involved. See below for how to find an advocate.
|}


===What is a reconsideration or appeal supplement?===
===Step 2. Ask for a reconsideration — within 20 days===
If you are applying for reconsideration or appeal of a decision to cut off your benefits or a supplement, you can ask the Ministry for a repayable supplement while you are waiting for the result. However, be aware that you will need to sign an agreement to repay this money if you lose your reconsideration or appeal.
If you disagree with the Ministry’s decision, ask for a '''reconsideration'''. You can submit your request online at [https://myselfserve.gov.bc.ca/ myselfserve.gov.bc.ca]. Or you can get a '''request for reconsideration''' form from the Ministry.


===When is the reconsideration decision made?===
The deadline to ask for a reconsideration is '''20 business days''' from the day the Ministry gives you their decision. ''You must meet this deadline''.
A reconsideration officer at the Ministry will review your request and make a new decision about your case. The new decision will be mailed to you within 10 business days after the Ministry receives your signed reconsideration request (or within 20 days if you got an extension). Included with the new decision is a ''Notice of Appeal'' form to use if you disagree with the new decision and want to appeal it.


==2. Appeal to the Employment and Assistance Appeal Tribunal—the second review level==
====Include all your information with your request====
If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. Your completed Notice of Appeal form must be delivered to the Tribunal within 7 business days of when you receive the reconsideration decision.
Attach all your information to the request form. It’s important to give as much information and evidence as you can. If you decide to appeal further, ''you may be limited to the information you use'' in your original request for reconsideration.


Not all reconsideration decisions can be appealed. If you are not sure if you can appeal a reconsideration decision, complete a ''Notice of Appeal'' form and send it to the Tribunal. The Tribunal will tell you if you can appeal. The [http://www.eaat.ca/appeal-parties/how-to-appeal Tribunal website] has more on how to appeal.
If you need more time to give the Ministry other documents, such as records or letters that support your request, you can ask the Ministry for 10 to 20 extra business days. Write on the request form that you need more time when you give it to the Ministry.


You can ask the Tribunal to hold your hearing in person, by phone, or in writing. Further, you have the right for a lawyer, friend, witness or other person to come to the hearing with you.
====You can ask for a supplement====
If you are challenging a decision to cut off your benefits or a supplement, you can ask the Ministry for a '''repayable supplement''' while you are waiting for the result. However, be aware you will need to sign an agreement to repay this money if you lose your challenge.


===What is the Tribunal?===
====The reconsideration decision====
The Employment and Assistance Appeal Tribunal is an independent body that hears appeals of Ministry reconsideration decisions. The Tribunal has a Chair, 2 Vice-Chairs, support staff, and several members located throughout BC. The Chair appoints a panel of up to 3 members to hear each appeal. For more information on the Tribunal and on how to appeal, check its [http://www.eaat.ca/appeal-parties/how-to-appeal website].
A government officer will review your request and make a new decision about your matter. The new decision will be mailed to you.


===When does the Tribunal hear, or deal with, an appeal?===
===Step 3. Appeal to the Employment and Assistance Appeal Tribunal===  
The Tribunal panel must hear an appeal within 15 business days after it receives a completed ''Notice of Appeal'', unless the Tribunal Chair, the person appealing, and the Ministry agree to a later date.
If you disagree with the reconsideration decision, you can '''appeal''' to the [http://www.eaat.ca/ Employment and Assistance Appeal Tribunal]. The tribunal is an independent body similar to a court.


===When will I be notified about my hearing?===
====You have seven days to appeal====
You will get notice of the date, time, and place of the hearing at least 2 business days before the hearing. The Tribunal will send you an '''appeal record''' with a copy of all the information the Ministry decision-maker considered in making the reconsideration decision. You and the Ministry representative get the same material.
You must complete a [[notice of appeal form|'''notice of appeal''' form]] and send it to the tribunal within seven business days of when you receive the Ministry’s reconsideration decision.


===What if you want a later date?===
====The tribunal hearing====
If you cannot make it to your hearing, or you need more time to gather evidence, you can ask to adjourn your hearing. You must complete the Appeal Adjournment Request form, get the ministry’s consent, and return the form to the Tribunal. The Tribunal Chair’s consent to the adjournment is also required.
You can ask the tribunal to hold your hearing in person, by phone, or in writing. You have the right for a lawyer, friend, witness or other person to come to the hearing with you.


===What happens at the appeal hearing?===
The tribunal will send you an appeal record with a copy of all the information the Ministry decision-maker considered in making the reconsideration decision.
Both you and a ministry representative attend the hearing in person or by phone. You can ask for a written hearing. Then you will receive a letter with the date of the hearing and the process involved.


You present your case at the hearing. You can do this yourself or have someone help you. Check with [http://www.povnet.org/ PovNet] to find an advocate. You can’t present new evidence at the hearing, but you can explain the evidence already on file and give evidence to support the information used in the Reconsideration. And you can question the ministry.
You can’t present new evidence at the hearing, but you can explain the evidence already on file and give evidence to support the information on file. And you can question the Ministry.


The ministry presents its case at the hearing. As part of this, it can question you.
The Ministry presents its case at the hearing. As part of this, it can question you.


===How does the Tribunal decide?===
====The tribunal’s decision====
The Tribunal panel first hears all the evidence. Then, it decides if the decision you are appealing was reasonably supported by the evidence, and if the Ministry reasonably applied the law (also called legislation) to the facts.
The tribunal decides if the decision you are appealing was reasonably supported by the evidence, and if the Ministry reasonably applied the law to the facts.


===When will you get the Tribunal decision?===
===Step 4. Ask for judicial review===
The Tribunal panel normally gives its decision to the Tribunal within 5 business days after a hearing.
If you disagree with the tribunal’s decision, you can ask the court to review it. You can file a petition for a '''judicial review''' in the BC Supreme Court. There are deadlines to file a judicial review, so it’s important to act quickly.


==3. Ask for judicial review by the BC Supreme Court—the third review level==
An advocate can help you assess the chances of bringing a judicial review. The [https://clasbc.net/ Community Legal Assistance Society] and the [http://www.bcpiac.com/ BC Public Interest Advocacy Centre] have lawyers who may be able to help with judicial review of some Tribunal decisions.
If you are still not satisfied with the Tribunal’s decision, you can ask the BC Supreme Court to review it, though you’ll likely need a lawyer for this. There are deadlines for judicial review, so it’s important to act quickly. The Tribunal [http://www.gov.bc.ca/eaat/popt/redress.htm website] has more on this.


If you have an advocate, ask them about this option. The [http://www.clasbc.net/ Community Legal Assistance Society] and the [http://www.bcpiac.com/ BC Public Interest Advocacy Centre] have lawyers to help with judicial review of some Tribunal decisions.
===Step 5. Other options if you experience unfairness===
If you are not satisfied with a tribunal decision, you have two options in addition to bringing a judicial review.


==Other options in cases of problem conduct or interaction with the Tribunal or unfairness==
====Complain to the tribunal chair====
The [http://www.eaat.ca/appeal-parties/if-dissatisfied-with-your-appeal Tribunal website] explains that if you are not satisfied with a Tribunal decision, your other options, besides asking for judicial review, are to complain to the:
If you have a concern about the conduct of an appeal or any interaction with the tribunal, you can make a written '''complaint to the tribunal chair'''. You can contact the tribunal [http://www.eaat.ca/ online], by email at info@eaat.ca, or by toll-free phone at 1-866-557-0035.
*Tribunal Chair about the conduct of an appeal or any interaction with the Tribunal
*Ombudsperson if you think you were treated unfairly


==Where can you get more information and help?==
====Complain to the ombudsperson====
*'''Community advocates''': Many places in BC have community advocates who provide free help with welfare problems, including reconsiderations and appeals. [http://www.povnet.org/ PovNet] has [http://www.povnet.org/find-an-advocate/bc contact information for advocates across BC].
If you think you were treated unfairly, you can '''complain to the ombudsperson'''. The ombudsperson investigates complaints about administrative unfairness. You can [https://bcombudsperson.ca/complaints/ submit your complaint online] or contact the ombudsperson by toll-free phone at 1-800-567-3247.


*'''Legal Services Society (LSS)''': LSS has a booklet called “[http://mylawbc.com/pubs/detail.php?pub=491 How to Apply for Welfare]” with information about eligibility for social assistance (including PPMB and PWD benefits and supplements).
==Who can help==


*'''Disability Alliance BC''': Formerly the BC Coalition of People with Disabilities. The [http://www.disabilityalliancebc.org/ Alliance website] has many helpful guides on applying for the PPMB and PWD designation, and on appealing decisions. Click on “Library” and on “Money and Income Supports”. You can also ask them to mail you their guides—call 604.872.1278 in the lower mainland or 1.800.663.1278 elsewhere in BC.
===With challenging a government decision===
An '''advocate''' can help you with challenging a government decision, including with the paperwork involved. PovNet has a [https://www.povnet.org/find-an-advocate Find an Advocate Map at povnet.org]. Clicklaw's [http://www.clicklaw.bc.ca/helpmap HelpMap] lists dozens of legal advocates in BC.


*'''Ministry of Social Development and Poverty Reduction''': For more information about the Ministry, phone or visit the nearest Ministry office and speak with an Employment and Assistance Worker. For the phone numbers and addresses, call Enquiry BC at 604.660.2421 in the lower mainland, 250.387.6121 in Victoria, and 1.800.663.7867 elsewhere in BC. Or check the [http://www.hsd.gov.bc.ca/bcea.htm Ministry website].
===Understanding your welfare rights===
'''Legal Services Society''' offers free booklets on “[https://www.clicklaw.bc.ca/resource/1082 How to Apply for Welfare]” and “[https://www.clicklaw.bc.ca/resource/4492 Welfare Benefits]”.


*'''Employment and Assistance Appeal Tribunal''': For information on the Tribunal—including its practices and procedures, and videos of what a hearing looks like—see its website or call 1.866.557.0035.
* Call 1-866-577-2525
* [http://legalaid.bc.ca/ Visit website]


'''Disability Alliance BC''' offers [https://www.clicklaw.bc.ca/resource/1012 help sheets] and [https://www.clicklaw.bc.ca/resource/1013 tools] on applying for disability benefits.


[updated January 2018]
* Call 1-800-663-1278
* [http://disabilityalliancebc.org/ Visit website]


'''The above was last reviewed by John Blois.'''
The '''Ministry of Social Development and Poverty Reduction''' is responsible for welfare in BC.
----


* Call Enquiry BC at 1-800-663-7867
* [http://gov.bc.ca/sdpr Visit website]
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Revision as of 03:04, 28 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Alanna Valentine and Marilyn McNamara, Employment and Assistance Appeal Tribunal, and Lillian Budac and Melissa Bauer, Ministry of Social Development and Poverty Reduction in January 2018.
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The government provides welfare benefits to those in financial need. If the government denies you welfare or reduces your benefits, there are steps you can take to challenge the decision.

What you should know

You have the right to challenge a decision on welfare benefits

Many reasons might cause you to seek financial help from the BC government — a lack of available jobs, a family breakup, an illness or disability. The government provides welfare benefits to pay for shelter and daily living costs to those who qualify. These benefits include income assistance, disability assistance, and hardship assistance. The government also pays supplements for certain things, such as unexpected needs and dental expenses.

These government benefits are managed by the Ministry of Social Development & Poverty Reduction. The Ministry may decide to refuse, reduce or stop your monthly welfare benefits or a supplement. You have the right to challenge their decision.

A challenge of a Ministry decision has three stages

To challenge a Ministry decision:

  • If you disagree with a Ministry decision, you can ask for a reconsideration. This is an internal review by the Ministry.
  • If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. The tribunal is an independent body similar to a court.
  • If you disagree with the decision of the tribunal, you can go to court to ask for a judicial review of that decision.

This information explains each of these stages.

Work out the problem

Step 1. Ask for the Ministry’s decision in writing

As soon as you find out the Ministry made a decision you don’t agree with, ask the Ministry to give you their decision and the reasons for their decision in writing. Ask what law or policy they based their decision on. Also ask for copies of everything they used to make the decision. You have a right to this information.

Tip

Find an advocate. Advocates are community workers trained to help people. An advocate can tell you if challenging the government’s decision might succeed. They can also help you with the paperwork involved. See below for how to find an advocate.

Step 2. Ask for a reconsideration — within 20 days

If you disagree with the Ministry’s decision, ask for a reconsideration. You can submit your request online at myselfserve.gov.bc.ca. Or you can get a request for reconsideration form from the Ministry.

The deadline to ask for a reconsideration is 20 business days from the day the Ministry gives you their decision. You must meet this deadline.

Include all your information with your request

Attach all your information to the request form. It’s important to give as much information and evidence as you can. If you decide to appeal further, you may be limited to the information you use in your original request for reconsideration.

If you need more time to give the Ministry other documents, such as records or letters that support your request, you can ask the Ministry for 10 to 20 extra business days. Write on the request form that you need more time when you give it to the Ministry.

You can ask for a supplement

If you are challenging a decision to cut off your benefits or a supplement, you can ask the Ministry for a repayable supplement while you are waiting for the result. However, be aware you will need to sign an agreement to repay this money if you lose your challenge.

The reconsideration decision

A government officer will review your request and make a new decision about your matter. The new decision will be mailed to you.

Step 3. Appeal to the Employment and Assistance Appeal Tribunal

If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. The tribunal is an independent body similar to a court.

You have seven days to appeal

You must complete a notice of appeal form and send it to the tribunal within seven business days of when you receive the Ministry’s reconsideration decision.

The tribunal hearing

You can ask the tribunal to hold your hearing in person, by phone, or in writing. You have the right for a lawyer, friend, witness or other person to come to the hearing with you.

The tribunal will send you an appeal record with a copy of all the information the Ministry decision-maker considered in making the reconsideration decision.

You can’t present new evidence at the hearing, but you can explain the evidence already on file and give evidence to support the information on file. And you can question the Ministry.

The Ministry presents its case at the hearing. As part of this, it can question you.

The tribunal’s decision

The tribunal decides if the decision you are appealing was reasonably supported by the evidence, and if the Ministry reasonably applied the law to the facts.

Step 4. Ask for judicial review

If you disagree with the tribunal’s decision, you can ask the court to review it. You can file a petition for a judicial review in the BC Supreme Court. There are deadlines to file a judicial review, so it’s important to act quickly.

An advocate can help you assess the chances of bringing a judicial review. The Community Legal Assistance Society and the BC Public Interest Advocacy Centre have lawyers who may be able to help with judicial review of some Tribunal decisions.

Step 5. Other options if you experience unfairness

If you are not satisfied with a tribunal decision, you have two options in addition to bringing a judicial review.

Complain to the tribunal chair

If you have a concern about the conduct of an appeal or any interaction with the tribunal, you can make a written complaint to the tribunal chair. You can contact the tribunal online, by email at info@eaat.ca, or by toll-free phone at 1-866-557-0035.

Complain to the ombudsperson

If you think you were treated unfairly, you can complain to the ombudsperson. The ombudsperson investigates complaints about administrative unfairness. You can submit your complaint online or contact the ombudsperson by toll-free phone at 1-800-567-3247.

Who can help

With challenging a government decision

An advocate can help you with challenging a government decision, including with the paperwork involved. PovNet has a Find an Advocate Map at povnet.org. Clicklaw's HelpMap lists dozens of legal advocates in BC.

Understanding your welfare rights

Legal Services Society offers free booklets on “How to Apply for Welfare” and “Welfare Benefits”.

Disability Alliance BC offers help sheets and tools on applying for disability benefits.

The Ministry of Social Development and Poverty Reduction is responsible for welfare in BC.

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