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AISH Program Policy

Published Date: April 01, 2022
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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

INTENT

To outline key steps in the appeal process.

POLICY

An affected party may appeal a decision made by the AISH program. The Appeal Panel has the authority to review most decisions made by the AISH program. See the Limits to the Appeal Panel’s Authority policy for decisions the Appeal panel does not have the authority to consider.

The following outlines key steps in the appeal process:


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.


An affected party must notify the Appeals Secretariat about their intent to appeal in writing within 30 days from the date they were notified of the decision and of their right to appeal. Upon request, the 30-day time limit can be extended. Decisions to extend the time limit are made by staff members of the Appeals Secretariat delegated by the Minister. 

Notice of Appeal forms or a written document will only be processed by the Appeals Secretariat. Documents may be submitted by:


Note

Prior to submitting a Notice of Appeal:

  • Applicants and clients should provide the AISH program with new information they want the program to consider before appealing a decision. Once a Notice of Appeal has been submitted, the program does not consider any new information. Further, the Appeal Panel can only consider the information that the program considered when it made the decision under appeal. See the Limits on the Appeal Panel’s Authority policy for further details.

Note: Applicants who are denied for general eligibility will not be assessed for medical or financial eligibility prior to appeal. Similarly, applicants who are denied for medical eligibility are not assessed for financial eligibility prior to appeal.

Administrative Review

Following the submission of a Notice of Appeal, the Appeals Secretariat notifies the AISH program and the program commences an Administrative Review. The purpose of the Administrative Review is to examine the information and circumstances leading to the decision being appealed in an effort to resolve the issue before the appeal hearing. The Administrative Review is conducted by an AISH worker who did not make the initial decision. See the Administrative Review policy for further details.

In situations where the Administrative Review does not result in the decision being reversed or varied, the AISH program will provide a submission to the Appeals Secretariat which explains the reason(s) for the decision, and every document used to make the decision.

Appeal Hearing

If the complaint is not resolved during the Administrative Review, the Appeals Secretariat will schedule an appeal hearing. Prior to the hearing, the Appeals Secretariat will send the applicant or client a letter with the details of the hearing information as well as an appeal package with information that will be considered by the Appeal Panel. For more information about the appeal hearing process, see the AISH - Appeal Hearing webpage.

Withdrawing an Appeal

An affected party can withdraw their appeal at any time by notifying the Appeals Secretariat in writing.

For more information about appealing an AISH decision or to contact the Appeals Secretariat, see the AISH – Appeal a decision webpage.