Difference between revisions of "Welfare Appeals (21:XI)"
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== A. What Can Be Appealed == | == A. What Can Be Appealed == | ||
It is possible to appeal most Ministry decisions that deny, reduce, or discontinue welfare benefits of any kind, including supplements. See s 17 of the EAA and s 16 of the EAPWDA. | It is possible to appeal most Ministry decisions that deny, reduce, or discontinue welfare benefits of any kind, including supplements. Refusals of the PPMB of PWD designation can also be appealed. See s 17 of the EAA and s 16 of the EAPWDA. | ||
The legislation list certain supplements for which decisions | The legislation list certain supplements for which applicants cannot appeal decisions to the Employment and Assistance Appeal Tribunal: see EAR, s 81, and EAPWDRA, s 73. Note however that a person may still apply for reconsideration of decisions related to those supplements. In addition, one cannot appeal decisions regarding the terms of employment plans to the Tribunal, but the Ministry can reconsider them (see s 9 and 17(1)(e) of the EAA). | ||
'''NOTE:''' If a client would like a review of a decision that is not open to reconsideration and/or appeal, they may still request an internal administrative review by registering a complaint with the supervisor at a local Ministry office. This may be particularly useful for service | '''NOTE:''' If a client would like a review of a decision that is not open to reconsideration and/or appeal, they may still request an internal administrative review by registering a complaint with the supervisor at a local Ministry office. This may be particularly useful for service quality issues. This is entirely separate from the appeal process. | ||
== B. Two-Level Appeal Process == | == B. Two-Level Appeal Process == | ||
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There is a two-level appeal process for reviewing decisions by the Ministry. The levels are: | There is a two-level appeal process for reviewing decisions by the Ministry. The levels are: | ||
*reconsideration (which is an administrative review done within the Ministry) and | *reconsideration (which is an administrative review done within the Ministry) and | ||
*appeal to the Employment and Assistance Appeal Tribunal or “EAAT” | *appeal to the Employment and Assistance Appeal Tribunal or “EAAT” (an independent tribunal). | ||
To seek reconsideration, a person must obtain and complete a “Request for Reconsideration” form and return it to the Ministry''' within 20 business | To seek reconsideration, a person must obtain and complete a “Request for Reconsideration” form and return it to the Ministry '''within 20 business days of being notified of a decision''', along with relevant documents, to request a reconsideration of a Ministry decision. Applicants can pick up "Request for Reconsideration" forms at Ministry Offices. | ||
To appeal a reconsideration decision to the EAAT, a person must submit a Notice of Appeal form within '''seven business days''' of notification of the reconsideration decision. | |||
To appeal a reconsideration decision to the EAAT, a person must submit a Notice of Appeal form within '''seven business days''' of | |||
== C. Reconsideration and Appeal Supplements (Benefits While an Appeal is Pending) == | == C. Reconsideration and Appeal Supplements (Benefits While an Appeal is Pending) == | ||
If a recipient is seeking reconsideration or appeal of a decision to discontinue or reduce a benefit or supplement, | If a recipient is seeking reconsideration or appeal of a decision to discontinue or reduce a benefit or supplement, they may continue to receive the benefit or supplement while awaiting the outcome of the reconsideration or appeal. This is called a “reconsideration supplement” or “appeal supplement”. | ||
Before paying a reconsideration or appeal supplement, the Ministry requires people to sign an agreement saying they will repay the benefit if the appeal fails. See s 54 of EAR and s 52 of EAPWDR. | Before paying a reconsideration or appeal supplement, the Ministry requires people to sign an agreement saying they will repay the benefit if the appeal fails. See s 54 of EAR and s 52 of EAPWDR. | ||
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Some decisions for which people commonly seek reconsideration and appeal are: | Some decisions for which people commonly seek reconsideration and appeal are: | ||
*A decision denying someone PWD status under s 2 of the EAPWDA; | *A decision denying someone PWD status under s 2 of the EAPWDA; | ||
*A decision denying someone a special supplement for which | *A decision denying someone a special supplement for which they have applied; | ||
*A decision that a person is in a “dependent” relationship with someone | *A decision that a person is in a “dependent” relationship with someone they live with (e.g. a spousal relationship), and the Ministry must treat them as being in the same family unit; and | ||
*A decision that a person has received a welfare overpayment that he or she must repay. | *A decision that a person has received a welfare overpayment that he or she must repay. | ||
There are many other types of decisions that can | There are many other types of decisions that applicants can appeal. | ||
'''NOTE:''' Whenever a client asks about appealing a decision, begin by checking s 17 of the EAA, s 16 of the EAPWDA, s 81 of the EAR, and 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 s 17 of the EAA, s 16 of the EAPWDA, s 81 of the EAR, and s 73 of the EAPWDR to ensure the decision is appealable. Then, review the legislation to understand the law affecting the decision. | ||