5,109
edits
Difference between revisions of "Welfare Appeals (21:XI)"
From Clicklaw Wikibooks
→D. Commonly Appealed Decisions
| Line 29: | Line 29: | ||
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 [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section2 s 2 of the EAPWDA]; | ||
*A decision denying someone a special supplement for which they have applied; | *A decision denying someone a special supplement for which they have applied; | ||
*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 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 | ||
| Line 36: | Line 36: | ||
There are many other types of decisions that applicants can appeal. | There are many other types of decisions that applicants can appeal. | ||
'''NOTE:''' Whenever a client asks about appealing a decision, begin by checking [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section17 s 17 of the EAA], [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section16 s 16 of the EAPWDA], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section81 s 81 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section73 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 [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002#section17 s 17 of the EAA], [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act#section16 s 16 of the EAPWDA], [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002#section81 s 81 of the EAR], and [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002#section73 s 73 of the EAPWDR] to ensure the decision is appealable. Then, review the legislation to understand the law affecting the decision. | ||
== E. APPEAL LEVEL 1: Reconsideration == | == E. APPEAL LEVEL 1: Reconsideration == | ||
