INTENT

To outline the limits to the Appeal Panel’s Authority

POLICY

The following are limitations on the Appeal Panel’s authority:

• The Appeal Panel cannot make a decision in an appeal of an AISH program decision that the Director would not have the authority to make under AISH legislation.
• The Appeal Panel cannot consider information other than the information considered by the AISH program when the decision being appealed was made.
• If the Appeal Panel determines an appeal has been abandoned by the affected party, the Panel must confirm the AISH program’s decision.
• While the Appeal Panel can rule on most AISH decisions, some decisions are outside the Appeal Panel’s jurisdiction.

 
Authority of the Appeal Panel

The Appeal Panel has the same authority as the Director when making a decision. As a result, in an appeal of a Director’s decision, the Appeal Panel cannot make a decision that the Director would not have the authority to make under the AISH Act and regulations.

Information Considered by the Appeal Panel

When making a ruling, the Appeal Panel does not have the authority to consider any information other than the information the AISH program considered when the decision under appealed was made. This means that the Appeal Panel can only consider the same information the AISH program used to make the decision under appeal.

Once a Notice of Appeal has been submitted:

• the AISH program does not consider any new information regarding the decision being appealed; and
• the Appeal Panel must not consider any new information submitted by the Appellant or the AISH program. (See section 5(1.1) of the Applications and Appeals (Ministerial) Regulation for the limits on the Appeal Panel’s authority to consider new information).
  

An appellant may choose to withdraw their appeal in order for AISH to consider new information regarding the decision under appeal. In these cases, the AISH program will review the new information and provide a new decision.

NOTE

• Applicants who are denied have 12 months from the date they were notified of the initial program decision to provide additional information that supports their application or shows a change in their situation. After this time, a new AISH application must be submitted. This 12 month requirement applies to appellants who have withdrawn their appeal for the program to review new information.
• See the Eligibility Criteria Not Met section in the Applying for AISH policy for further details regarding this 12-month requirement.

Appeal is Abandoned

In some cases the Appeal Panel may determine that an affected party has abandoned their appeal of an AISH program decision. In these cases, the Appeal Panel must confirm the decision made by the AISH program.

Decisions Outside the Jurisdiction of the Appeal Panel

The Appeal Panel does not have jurisdiction to rule on Ministerial decisions. Only decisions made by the Director are appealable. In addition, Director’s decisions outlined in section 6 of the Applications and Appeals (Ministerial) Regulation are exempt from appeal.

Examples of decisions of the Minister and Director that the Appeal Panel does not have the jurisdiction to rule on include:

• Decisions to require a client to repay a personal benefit when the benefit issued is over and above what is normally provided.
• Decisions to deny or amend benefits when an applicant or client qualifies but refuses to apply for basic living needs assistance through another program (such as OAS or CPP).
• Determinations of financial hardship; determinations to exempt a person from repayment of a benefit; and determinations to extend the time limit for an appeal.
• Decisions to determine the method used to collect a debt.
• Decisions to apply a client’s underpayment to an amount they owe to the Government of Alberta.
• Health benefits (AISH clients, their cohabiting partners and dependent children may request additional health benefits through the Health Benefits Review Exception Process).
• Decisions to deny a personal benefit for medical supplies or equipment, including maintenance of equipment, special diets and supplements.
• Decisions to apply a client’s underpayment to an amount they owe to the Government of Alberta.
• The constitutionality of a decision. The Appeal Panel does not have jurisdiction where the Appellant is raising a constitutional argument.
• A decision from another program. These decisions must be appealed through the other program.

See the Appealing a Decision policy for more information on appealing an AISH decision.