AISH Program Policy

Published Date: May 23, 2017
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Appeals

Appealing a Decision

AUTHORITY

Assured Income for the Severely Handicapped Act, section 10
Applications and Appeals (Ministerial) Regulation, section 4 and section 6

INTENT

To allow an affected party to appeal decisions made by the AISH program.

POLICY

An affected party can appeal most decisions made by the AISH program to an Appeal Panel;  however, some types of decisions are not appealable.

Notice of Appeal

Notice of Appeal form or a written document can be used to initiate an appeal and must include the following:

  • The name of the Appellant or the person appealing on behalf of the Appellant;
  • The date of the decision made by AISH;
  • The date notification was received by the affected party;
  • The decision made by AISH that is being appealed; 
  • A copy of the decision letter if the decision was provided in writing ;
  • The reasons for appealing; and
  • The signature of the Appellant.

Notice of Appeal forms can be dropped off at the nearest AISH office or can be mailed, faxed or emailed to the following addresses:

Edmonton
2nd Floor, Agronomy Centre
6903 116 Street
Edmonton, AB T6H 5Z2
Tel: 780 427-2709
Fax: 780 422-1088

Calgary
2440 AMEC Place
801-6 Avenue SW
Calgary, AB T2P 3W1
Tel: 403 297-5636
Fax: 403 297-5661

Email: hs.appeals@gov.ab.ca

Upon receipt of a notice to appeal, an Administrative Review is conducted by an AISH worker who did not make the original decision under appeal. The purpose of this review is to try to resolve the complaint informally. If the complaint is not resolved, a date is set for an appeal hearing.

Prior to the appeal hearing, an affected party may contact the AISH program to see if a resolution can be reached. An affected party can withdraw their appeal at any time by notifying the AISH office in writing.

An affected party must notify AISH about their intent to appeal in writing within 30 days from the date they were notified of the decision. If the 30th day is not a business day, the date will be extended to the next business day. The date of the notification, plus seven calendar days, is considered to be the date the notice was received.

Upon request, the 30-day time limit can be extended if there are apparent grounds for appeal and a reasonable explanation for the delay. Decisions to extend the time limit are made by staff members of the Appeals Secretariat delegated by the Minister.  The decision of the Appeal Panel is final and the Appeal Panel has no jurisdiction to rehear an appeal once it has made a decision, unless ordered to do so by a Justice of the Court of Queen’s Bench as a result of a judicial review.

Outside Authority of Appeal Panel

The Appeal Panel does not have jurisdiction over Ministerial decisions as only decisions of the Director are appealable. In addition, Director’s decisions that fall within the Section 6 of the Application and Appeals Regulation are not appealed to an appeal panel.

Examples on non-appealable decisions of the Minister and Director include:

  • Health benefits (AISH clients, their cohabiting partners and dependent children may request additional health benefits through the Health Benefits Review Committee);
  • 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 deny a personal benefit for medical supplies or equipment, including maintenance of equipment, special diets and supplements.
  • 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).
  • Decisions to require a client to repay a personal benefit when the benefit issued is over and above what is normally provided.
  • 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.
  • The constitutionality of a decision. The Appeal Panel cannot hear an appeal of a decision where the Appellant is raising a constitutional argument.
  • A decision from another program. These decisions must be appealed through the other program.

For more information about appeals, see the Appeals Secretariat website.