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Expected to Work/Barriers to Full Employment Policy & Procedures
Published Date: January 18, 2021
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13 Appeal and Decision Review

Overview and Authority

AUTHORITY
Income and Employment Supports Act, sections: 35 , 36.1, 37, and 43-48
Income Support, Training and Health Benefits Regulation, sections: 73-74 , 92-94 and 97
Disability-Related Employment Supports Regulation, sections 6 and 7
Ministerial Order 2017-12 Disability-Related Employment Supports Review Committee


INTENT

To introduce Appeals and authority of the Appeal Panel within the Income Support Program.

POLICY

If requested, a Citizen’s Appeal Panel conducts an appeal of certain decisions made by Income Support program delegated staff.

Authority of the Citizen’s Appeal Panel

Matters that are subject to appeal to an Income and Employment Supports Appeal Panel include any decisions of the Director relating to:


Some decisions of the Director are not subject to appeal to the appeal panel. IESA section 44 and ISTHB Regulation, section 97 identifies these exceptions.

Powers given to the Minister under IESA and associated Regulations are not within the jurisdiction of the appeal panel to rule upon.

While Community and Social Services staff cannot deny an individual the right to request and appeal for a matter outside the authority of the Panel, the jurisdiction of the appeal panel is limited to certain decisions of the Director.

A Citizen’s Appeal Panel has authority to:

  • Hear evidence from parties to an appeal; and
  • Confirm, reverse or vary a decision under appeal.

Structure of the Citizen’s Appeal Panel

Citizen’s Appeal Panels:

  • Are under the auspices of the Appeals Secretariat;
  • Are made up of citizens at large;
  • Are appointed by the Minister of Community and Social Services;
  • Are located in various sites across Alberta; and
  • Are independent quasi-judicial bodies.

Mechanism for Review and/or Appeal of Decision

The following table outlines decisions affecting an individual’s eligibility and benefits, which are within the appeal panel’s jurisdiction to rule upon. If the appeal panel does not have jurisdiction, the table provides the alternate review medium for that decision (if applicable).

 

Type of Decision

Jurisdiction
Appeal to
Income and Employment Supports Appeal Panel		 Review of Decision by Internal Review Committee

Whether an individual has met residency and citizenship requirements as a condition of eligibility under the Income Support (IS) program (residency and citizenship requirements themselves, are not subject to appeal)

 Yes N/A
The amount or value of IS and benefits payable based on information provided in the Income Support Application form Yes N/A
Other eligibility criteria for IS benefits Yes N/A
Suspension of IS benefits due to failure to cooperate with Child Support Services (CSS) Case Management Yes N/A
Eligibility for CSS based on decisions under Part 5 of IESA (including case management decisions) No N/A
Financial eligibility for AAHB or Alberta Child Health Benefits (ACHB) Yes N/A
Other eligibility decisions for AAHB or ACHB No N/A
Health benefits coverage and requests for coverage outside of professional service agreements and Drug Benefit Lists No HBEC
DRES decisions involving provision of employment and training benefits except for those made under Sections 4 and 5 of the Employment and Training Benefits for Persons with Disabilities Regulation No DRESRC
Case management decisions that do not impact the amount or value of IS and benefits that a client is eligible to receive No Review of Decision by Supervisor/Manager
Assessment of an overpayment under IESA, section 35, and decision of the Director (or delegate) that an assessed overpayment must be repaid. Yes N/A
Determination that a Repayment Agreement is not required under IESA, section 16

Yes
Before the Repayment Agreement is signed 

 N/A
Amount repayable under IESA, section 16 (i.e., Repayment Agreement) Yes
If the amount was unknown when the agreement was signed 		N/A
Determination of the repayment rate

Yes
To a minimum of $1.00

 N/A
Decisions that relate to appointing a financial administrator or issuing third party payments - when no consent is given by the client Yes 
Appeal panel must rule on the decision 		N/A