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Script 288 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
The BC Ministry of Housing and Social Development’s income assistance programs
The Ministry provides income assistance, disability assistance, hardship assistance, and supplements to people in need. These payments are sometimes called “social assistance” or “welfare,” and they are delivered through the Employment and Assistance Program. For more on the program, check the program website, at www.hsd.gov.bc.ca/bcea.htm.
If you apply for or receive monthly assistance, you have the right to a reconsideration, and then an appeal, of most decisions denying, reducing or ending that assistance.
What are decisions on income assistance, reconsiderations, and appeals based on?
Two different laws govern BC’s social assistance programs. Reconsideration and appeal decisions are based on the eligibility rules set by the following two laws:
- the Employment and Assistance Act and Regulation (which deals with income assistance and supplements for most eligible family members).
- the Employment and Assistance for Persons With Disabilities Act and Regulation (which deals with disability assistance and supplements for people 18 and over who are designated as persons with disabilities).
If you want a reconsideration or an appeal, read the reconsideration and appeal parts of the law that apply to your case, so you can prepare your arguments.
Three levels of review
These are:
- Reconsideration by the Ministry
- Appeal to the Employment and Assistance Appeal Tribunal
- Judicial review of an appeal decision by the BC Supreme Court
- Reconsideration by the Ministry: the first level of review.
If you disagree with a decision of ministry staff, first discuss the decision with the person who made the decision. If you’re still unhappy with the decision, you should ask for a reconsideration of the decision under the relevant law. Complete the Request for Reconsideration form (HSD100) and return it within 20 business days to the nearest Employment and Income Assistance Office. This is the last chance to provide new evidence, so be sure to include with the form any additional documentation or information you think is relevant. The Office sends the form and other information to the Regional Reconsideration Adjudicator, who reviews the material and makes a new decision. The reconsideration, or new decision, is mailed to you within 10 business days after your reconsideration request is received.
- Appeal to the Employment and Assistance Appeal Tribunal: the second level of review.
If you disagree with the reconsideration decision, and you have a right of appeal, you can appeal to the Employment and Assistance Appeal Tribunal. You must send in a completed Notice of Appeal form (HSD2607) within 7 business days of receiving the reconsideration decision.
What is the Tribunal?
The Employment and Assistance Appeal Tribunal is an independent body that hears appeals. It consists of a Chair, a Vice-Chair, and a number of members located throughout BC. The Tribunal Chair appoints a panel of up to three members to hear each appeal. For more information on the Tribunal, and on how to appeal, see its website at www.gov.bc.ca/eaat.
When will your appeal be heard?
The Tribunal panel must hear your appeal within 15 business days after it receives your completed Notice of Appeal, unless the Tribunal Chair and you and the other people in the case agree to a later date.
You will get notice of the date, time and place of the hearing at least two business days before the hearing date. The Tribunal will send you the Appeal Record, which has all the information the Ministry decision maker considered. You and the Ministry representative get the same material.
What happens at the appeal hearing?
Most hearings are oral. If you prefer, you can ask for a written hearing, but everyone involved must first agree to a written hearing. Both you and a Ministry representative will attend.
You are responsible for presenting your side of the case at the hearing. You can do this yourself or have someone help you. Ask at the local BC Employment and Income Assistance Office, or call the Tribunal, for information about local advocates willing to help. You cannot present new evidence at the hearing, but you can explain the evidence already on file or provide supporting evidence for your case. You might also choose to call witnesses.
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.
How does the Tribunal decide?
After hearing all the evidence, the Tribunal panel decides the case. They will decide if the decision you are appealing is reasonably supported by the evidence and if the Ministry reasonably applied the right law in the circumstances.
When will you get the decision?
The Tribunal panel has 5 days to give its decision to the Tribunal. Then the Tribunal has 5 days to send the decision to the parties.
- Judicial Review by the BC Supreme Court: the third level of review.
If you’re still not satisfied with the Tribunal decision, you can ask the BC Supreme Court to review it, but you will need a lawyer for this.
For more information and help
Phone or visit the nearest office of the Ministry of Housing and Social Development and speak with an Employment and Assistance Worker. Also, ask for a referral to an advocate. 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 the BC. Or check the Ministry website at www.hsd.gov.bc.ca/bcea.htm.
Check the Employment and Assistance Appeal Tribunal website at www.gov.bc.ca/eaat or phone the Tribunal at 1.866.557.0035.
Also, contact the nearest office of the Legal Services Society of BC, also known as “Legal Aid.” You may be able to get legal help at no charge. Phone 604.408.2172 in the lower mainland or 1.866.577.2525 elsewhere in BC. Or click on www.lss.bc.ca to find legal information and the office closest to you.
[updated September 2008]
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