Income Assistance: Reconsiderations and Appeals: Difference between revisions
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Income Assistance: Reconsiderations and Appeals (view source)
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This script goes through each of these levels in detail. | This script goes through each of these levels in detail. | ||
==1. Reconsideration by the Ministry – the first review level== | ===1. Reconsideration by the Ministry – the first review level=== | ||
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. The Ministry will provide you with a package that includes a ''Request for Reconsideration'' form to complete. It’s a good idea to get assistance completing this form (sources of assistance are listed at the end of this script). | 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. The Ministry will provide you with a package that includes a ''Request for Reconsideration'' form to complete. It’s a good idea to get assistance completing this form (sources of assistance 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 Ministry website has more on this at [http://www.hsd.gov.bc.ca/publicat/bcea/appeal.htm www.hsd.gov.bc.ca/publicat/bcea/appeal.htm]. | 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 Ministry website has more on this at [http://www.hsd.gov.bc.ca/publicat/bcea/appeal.htm www.hsd.gov.bc.ca/publicat/bcea/appeal.htm]. | ||
===How long do you have to submit the reconsideration form?=== | ====How long do you have to submit the reconsideration form?==== | ||
You have to 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 be aware that 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. | You have to 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 be aware that 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. | ||
===What is a reconsideration or appeal supplement?=== | ====What is a reconsideration or appeal supplement?==== | ||
If you are applying for reconsideration or appeal of a decision to reduce or 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 are applying for reconsideration or appeal of a decision to reduce or 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. | ||
===When is the reconsideration decision made?=== | ====When is the reconsideration decision made?==== | ||
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. | 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== | ===2. Appeal to the Employment and Assistance Appeal Tribunal – the second review level=== | ||
If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. You must send the Tribunal a completed Notice of Appeal form within 7 business days of receiving the reconsideration decision. | If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. You must send the Tribunal a completed Notice of Appeal form within 7 business days of receiving the reconsideration decision. | ||
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You can ask the Tribunal to hold your hearing in person, by phone, or in writing. Further, you have the right for an advocate, friend, or other representative to attend the hearing with you, including a lawyer. | You can ask the Tribunal to hold your hearing in person, by phone, or in writing. Further, you have the right for an advocate, friend, or other representative to attend the hearing with you, including a lawyer. | ||
===What is the Tribunal?=== | ====What is the Tribunal?==== | ||
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 website at [http://www.gov.bc.ca/eaat www.gov.bc.ca/eaat]. | 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 website at [http://www.gov.bc.ca/eaat www.gov.bc.ca/eaat]. | ||
===When does the Tribunal hear, or deal with, an appeal?=== | ====When does the Tribunal hear, or deal with, an appeal?==== | ||
The Tribunal panel must hear your appeal within 15 business days after it receives your completed ''Notice of Appeal'', unless the Tribunal Chair, you, and the Ministry agree to a later date. | The Tribunal panel must hear your appeal within 15 business days after it receives your completed ''Notice of Appeal'', unless the Tribunal Chair, you, and the Ministry agree to a later date. | ||
You will get notice of the date, time, and place of the hearing at least 2 business days before the hearing date. The Tribunal will send you a copy of all the information the Ministry decision-maker considered in making the reconsideration decision (called the appeal record). You and the Ministry representative get the same material. | You will get notice of the date, time, and place of the hearing at least 2 business days before the hearing date. The Tribunal will send you a copy of all the information the Ministry decision-maker considered in making the reconsideration decision (called the appeal record). You and the Ministry representative get the same material. | ||
===What happens at the appeal hearing?=== | ====What happens at the appeal hearing?==== | ||
Most hearings are oral and held in person or by phone. You can ask for a written hearing. Both you and a Ministry representative attend the appeal hearing. | Most hearings are oral and held in person or by phone. You can ask for a written hearing. Both you and a Ministry representative attend the appeal hearing. | ||
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Be mindful that the Ministry also gets an opportunity to present its case and call witnesses. While you can question the Ministry witnesses, the Ministry can also question yours. | Be mindful that the Ministry also gets an opportunity to present its case and call witnesses. While you can question the Ministry witnesses, the Ministry can also question yours. | ||
===How does the Tribunal decide?=== | ====How does the Tribunal decide?==== | ||
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 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. | ||
===When will you get the Tribunal decision?=== | ====When will you get the Tribunal decision?==== | ||
The Tribunal panel normally gives its decision to the Tribunal within 5 business days after a hearing. The Tribunal then has 5 business days to send its decision to you. | The Tribunal panel normally gives its decision to the Tribunal within 5 business days after a hearing. The Tribunal then has 5 business days to send its decision to you. | ||
==3. Judicial Review by the BC Supreme Court – the third review level== | ===3. Judicial Review by the BC Supreme Court – the third review level=== | ||
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. This level of review is rare. There are deadlines for judicial review, so it’s important to act quickly. The Tribunal website has more on this at [http://www.gov.bc.ca/eaat/popt/redress.htm www.gov.bc.ca/eaat/popt/redress.htm]. | 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. This level of review is rare. There are deadlines for judicial review, so it’s important to act quickly. The Tribunal website has more on this at [http://www.gov.bc.ca/eaat/popt/redress.htm www.gov.bc.ca/eaat/popt/redress.htm]. | ||