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}}
{{Dial-A-Law Blurb}}
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 social assistance does the BC Ministry of Social Development provide?==
==What you should know==           
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 Ministry website at [http://www.hsd.gov.bc.ca/bcea.htm www.hsd.gov.bc.ca/bcea.htm].
 
===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 '''''Employment and Assistance Act''''' '''and Regulation''' deal with income assistance, benefits for Persons with Persistent Multiple Barriers to employment (PPMB), hardship assistance, and supplements.
*The Employment and Assistance for Persons With Disabilities Act and Regulation deal with income assistance, disability assistance, hardship assistance, and supplements for people 18 and over who are designated as Persons with Disabilities (PWD).


Both laws are available at [http://www.bclaws.ca www.bclaws.ca].
===A challenge of a Ministry decision has three stages===
To challenge a Ministry decision:


==What are your reconsideration and appeal rights?==
* If you disagree with a Ministry decision, you can ask for a '''reconsideration'''. This is an internal review by the Ministry.
You can ask 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. If you disagree with the reconsideration decision, you can appeal it to the Employment and Assistance Appeal Tribunal – in some cases. Finally, if you disagree with an appeal decision, you can ask for judicial review by the BC Supreme Court – but only in very limited cases. So there are 3 levels of review for Ministry decisions on social assistance or welfare.
* 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 review levels for Ministry decisions==
This information explains each of these stages.
#Reconsideration by the Ministry
#Appeal of Ministry decisions to the Employment and Assistance Appeal Tribunal (the Tribunal)
#Judicial review of Tribunal decisions by the BC Supreme Court


===1. 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 of it. The Ministry will give you a package with a Request for Reconsideration form to complete. It’s a good idea to get some 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 Ministry website has more on this at www.hsd.gov.bc.ca/publicat/bcea/appeal.htm.
===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 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 you can’t submit any new documents after the decision is made. If you need more time to collect documents, ask for it 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 reduce or cut off your benefits or a supplement, ask the Ministry for a repayable supplement while you are waiting for the result. You have 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 Appealform 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. You must send the Tribunal a completed Notice of Appeal form within 7 business days of receiving 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 Tribunal website has more on this at www.gov.bc.ca/eaat/popt/basis_for_appeal.htm.
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. You have the right for an advocate, friend, or other representative to attend 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 website at www.gov.bc.ca/eaat.
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 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.
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.


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 have seven days to appeal====
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 happens at the appeal hearing?====
====The tribunal 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.
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.


You present your side of the case at the hearing. You can do this yourself or have someone help you. Ask at the local Employment and Income Assistance Office, or call the Tribunal, for information about local advocates who can help. Also check with PovNet about an advocate (their contact information is at the end of this script). You cannot present new evidence at the hearing. But you can explain the evidence already on file or provide evidence to support the case you submitted with your Request for Reconsideration. You might also choose to call witnesses and make legal arguments.
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.


The Ministry also gets an opportunity to present its case and call witnesses. You can question the Ministry witnesses, and the Ministry can question your witnesses.
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.


====How does the Tribunal decide?====
The Ministry presents its case at the hearing. As part of this, it can question you.
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?====
====The tribunal’s 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 the decision to you.
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.


===3. Judicial review by the BC Supreme Court – the third review level===
===Step 4. Ask for judicial review===
If you are still not satisfied with the Tribunal decision, you can ask the BC Supreme Court to review it, but you’ll 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 www.gov.bc.ca/eaat/popt/redress.htm
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.


If you have an advocate, ask them about this option. The Community Legal Assistance Society (www.clasbc.net) and the BC Public Interest Advocacy Centre (www.bcpiac.com) have lawyers who can help with judicial review of some Tribunal decisions.
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.


==Where can you get more information and help?==
===Step 5. Other options if you experience unfairness===
*'''Community advocates''': Many places in BC have community advocates who provide free help with welfare problems, including reconsiderations and appeals. PovNet (www.povnet.org) is a website with contact information for advocates across BC. To find an advocate near you, go to www.povnet.org/find-an-advocate/bc.
If you are not satisfied with a tribunal decision, you have two options in addition to bringing a judicial review.


*'''Legal Services Society (LSS)''': LSS has a booklet called “Your Welfare Rights: A Guide to BC Employment and Assistance” with information about eligibility for social assistance (including PPMB and PWD benefits and supplements). The booklet is on their website at www.legalaid.bc.ca. Click “Our publications”, and then under “I want to find a publication by subject,” click “Pensions, benefits, & welfare”. Finally, click on “Your Welfare Rights”.
====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 [http://www.eaat.ca/ online], by email at info@eaat.ca, or by toll-free phone at 1-866-557-0035.


*'''BC Coalition of People with Disabilities''': The Coalition’s website (www.bccpd.bc.ca) has many helpful guides on applying for the PPMB and PWD designation, and on appealing decisions. Click on “Library” and then on “Money and Income Supports”. You can also ask them to mail you their publications – call 604.872.1278 in the lower mainland or 1.800.663.1278 elsewhere in BC.
====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 [https://bcombudsperson.ca/complaints/ submit your complaint online] or contact the ombudsperson by toll-free phone at 1-800-567-3247.


*'''Ministry of Social Development''': 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 Ministry website at [http://www.hsd.gov.bc.ca/bcea.htm www.hsd.gov.bc.ca/bcea.htm].
==Who can help==
Employment and Assistance Appeal Tribunal: For more information about the Tribunal – including its practices and procedures, and videos of what a hearing looks like – visit its website at [http://www.gov.bc.ca/eaat www.gov.bc.ca/eaat] or call 1.866.557.0035.


===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.


[updated February 2013]
===Understanding your welfare rights===
'''Legal Aid BC''' offers free booklets on “[https://legalaid.bc.ca/publications/pub/your-welfare-rights-how-apply-welfare How to Apply for Welfare]” and “[https://legalaid.bc.ca/publications/pub/your-welfare-rights-welfare-benefits Welfare Benefits]”.


* 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.
----


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


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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Latest revision as of 01:19, 7 November 2023

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 Aid BC 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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