Employment and Assistance Appeal Tribunal

The Appeal Process

The Tribunal hears appeals of reconsideration decisions made by the Ministry of Social Development in regards to the employment and assistance program, and the Ministry of Children and Family Development in regards to the child care subsidy program. A person must receive a reconsideration decision prior to requesting an appeal from the Tribunal. The appeal process, which is set out in the Employment and Assistance Act and Regulation, is the same regardless of which ministry made the reconsideration decision.

A person who applies for or receives assistance under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act can ask for a reconsideration of a decision that resulted in a refusal, reduction or discontinuance of income or disability assistance, or a supplement; a decision regarding the amount of a supplement; or a decision that refuses to grant hardship assistance. More information about the Ministry of Social Development’s reconsideration process is available from Ministry offices and from the Ministry’s website, www.gov.bc.ca/hsd.

A person who applies for or receives a child care subsidy can ask for a reconsideration of a decision that resulted in the refusal, discontinuance or reduction of a child care subsidy. More information about the Ministry of Children and Family Development’s reconsideration process can be obtained by calling 1-888-338-6622 and asking to speak with an adjudicator.

Those who are dissatisfied with the outcome of their request for reconsideration from either ministry can, in most cases, appeal to the Employment and Assistance Appeal Tribunal. They must submit a Notice of Appeal form to the Tribunal within seven business days of receiving their reconsideration decision.
Upon receipt of a completed Notice of Appeal, the Tribunal decides whether the matter can be appealed. Factors that are considered include whether the Notice of Appeal was submitted within the prescribed timelines and whether the issue is appealable under the legislation.

If the matter is eligible for appeal, a panel of up to three persons is appointed and the hearing is commenced within 15 business days of the completed Notice of Appeal being delivered to the Tribunal. Most hearings are conducted in person, usually in or near the appellant’s community. Hearings can also take place by teleconference or, if both parties consent, in writing.

The panel reviews the ministry’s reconsideration decision and the appeal record, considers any supporting evidence provided by the appellant or the ministry, and renders a written decision, generally within five business days of the hearing. The Tribunal mails a copy of the decision to the appellant and the ministry within five business days of receiving it from the panel.

Note: Summaries of Tribunal decisions are included in Section 4 of our Annual Report, “What Our Decisions Look Like.” Complete Tribunal decisions are available on the website: www.gov.bc.ca/eaat.

Basis for Appeal to the Employment and Assistance Appeal Tribunal

A person who is dissatisfied with the outcome of a request for a reconsideration made under section 17 of the Employment and Assistance Act, section 16 of the Employment and Assistance for Persons with Disabilities Act, or section 6 of the Child Care Subsidy Act may appeal the decision to the Employment and Assistance Appeal Tribunal (Tribunal).

If you have any doubts about whether the decision is appealable, complete a Notice of Appeal form and send it to the Tribunal. The Tribunal will determine if the decision is appealable and notify you of that decision.

Pursuant to section 81 of the Employment and Assistance Regulation, the following categories of supplements are not appealable to the Tribunal:

	Reconsideration and appeal supplements under section 54 of the Employment and Assistance Regulation
	Supplements related to employment plans under section 56 of the Employment and Assistance Regulation
	Access to a program established or funded under the Employment and Assistance Act
	Confirmed job supplement under section 56.1 of the Employment and Assistance Regulation
	A matter awaiting a reconsideration decision or the decision of an appeal panel
	A decision to refuse to provide income assistance on the basis of a determination that there is a level of risk to a child in the home of a relative under section 6 (2.1)(d) or (e) of the Employment and Assistance Regulation

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