Reconsideration and Appeals
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People who apply for or receive assistance under the BC Employment and Assistance Program have a right to quality service, fair access to programs, and transparent decision-making.
Your Right to Reconsideration and Appeal
The Ministry of Housing and Social Development recognizes that assistance is a sensitive issue, and differences of opinion may arise. If you feel that a decision resulting in a refusal, reduction or discontinuance of your assistance or concerning the conditions of, or non-compliance with, an employment plan is wrong, you may request a review of that decision. You are encouraged to first discuss the issue with your employment and assistance worker (EAW). If you and your worker still disagree, you may request a reconsideration. The reconsideration decision is a new ministry decision and is the final ministry decision.
If you disagree with the reconsideration decision, you may appeal that decision to the Employment and Assistance Appeal Tribunal. The Tribunal is an independent, arms-length body that is responsible for the overall management and administration of the appeal process.
What is a Reconsideration or Appeal Supplement?
You may be eligible to receive a supplement while you are awaiting the outcome of a reconsideration or appeal if you were already receiving income assistance, disability assistance, or a supplement. You will be required to sign a Promise to Repay form and pay back this supplement if the final decision is in support of the ministry. If the final decision is in your favour, you will not be required to repay the supplement.
Overview of the Reconsideration and Appeal Process
When making decisions about an individual’s eligibility and entitlement, ministry staff are bound by the provisions of the legislation and regulations that govern the BC Employment and Assistance Program.
Deadlines are important, so remember to keep a record of the dates you submit your paperwork and Request for Reconsideration form.
How the Process Works
Reconsideration
The reconsideration process has been established to provide clients with an opportunity to have the ministry’s original decision reconsidered. The reconsideration decision is a new and final ministry decision and is, therefore, the client’s final opportunity to submit new evidence.
A decision that results in the refusal, reduction or discontinuance of assistance including non-compliance with an employment plan or a supplement can be reconsidered. Under the legislation, a ‘supplement’ can mean a health supplement, a nutritional supplement and/or a crisis supplement for emergencies.
There are some decisions that cannot be reconsidered. For example, quality of service issues, or where there are disagreements about administrative practices, such as the method of cheque pick-up or a request for a different EAW. However, such concerns should be identified to the supervisor and every effort will be made to resolve these issues at your local Employment and Assistance Office.
Step by Step Instructions
Step 1 – Reconsideration
- Advise your EAW that you wish to seek reconsideration of a ministry decision.
- You can request reconsideration of a ministry decision by obtaining and completing a Request for Reconsideration form. You can obtain this form at your local Employment and Assistance Office.
- Your worker will complete sections 1 and 2 of the Request for Reconsideration form, stating the decision made by the ministry, providing all of the reasons for the decision and citing the legislation under which the decision was made.
- You must complete sections 3 and 4 of the Request for Reconsideration form. You may include additional documentation or information that you feel may be in support of, or is relevant to, your case. Be sure to sign and date the form. No new evidence can be submitted after a reconsideration decision has been made.
- You have 20 business days from the date you were notified of the ministry’s original decision to return your Request for Reconsideration to a local ministry office. Remember to keep a record of the date you were notified of the ministry’s original decision and the date you submitted your Request for Reconsideration form. If you require assistance in completing the Request for Reconsideration form, you may wish to ask an advocate to assist you. You may request an extension of 10 additional business days if more time is needed to obtain and submit information before the reconsideration decision is made.
- Your submission will be reviewed and a decision made by a Reconsideration Officer. This decision will be mailed to you within 10 business days of the ministry receiving the completed Request for Reconsideration form or within 20 business days, if you have requested and been granted an extension to obtain and submit information.
Step 2–The Employment and Assistance Appeal Tribunal
If you disagree with a reconsideration decision, you have seven business days to appeal to the Employment and Assistance Appeal Tribunal. The Tribunal provides an independent, community-based appeal process that is timely, accessible and respectful. The Tribunal hears appeals of reconsideration decisions that refuse, reduce or discontinue income assistance, disability assistance or a supplement; that determine the amount of a supplement; and that refuse hardship assistance under the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act.
Appeal Process
- To appeal, you must send in a completed Notice of Appeal form to the Tribunal within seven business days (excluding weekends and holidays) of receiving the ministry’s reconsideration decision, or you will be deemed to have accepted the ministry decision.
- You can request your hearing be held either orally or in writing.
- If the Tribunal determines that your matter is appealable, the Tribunal will appoint a panel of up to three persons and hold a hearing within 15 business days of receiving a complete Notice of Appeal.
- If you request an oral hearing, you will be notified of the date and time and if it will be held in person or by teleconference, at least two business days in advance. Where possible, the Tribunal will try to hold your oral hearing in your community.
- If you request a written hearing, the ministry must also agree to that format. The Tribunal will then provide you with instructions regarding written submissions to the panel.
- The panel can only admit as evidence the information and records that were before the ministry when the reconsideration decision was made, and oral or written testimony in support of that information. Any new information that supports your appeal should be submitted to the panel, who will then decide if it is admissible.
- You are responsible for presenting your side of the case at the hearing. You can also ask a friend, family member or an advocate to come with you to your hearing or to help you prepare written information for the panel.
- A representative will attend your hearing on behalf of the ministry but will not be there in a decision-making capacity.
- After your hearing, the panel will determine if the ministry’s reconsideration decision was:
- reasonably supported by the evidence; or
- a reasonable application of the legislation given your circumstances.
- The panel will then either agree with (confirm) the ministry’s reconsideration decision or overturn (rescind) it in your favour.
- Generally, you will receive a written decision from the Tribunal within 10 business days of your hearing.
For More Information
For more information about the reconsideration process, contact the Ministry of Housing and Social Development by calling:
1-866-866-0800
For more information about the Tribunal, please visit the Tribunal website at: www.gov.bc.ca/eaat, or call 1-866-557-0035.
