AISH Program Policy

Published Date: February 23, 2018
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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 outside the authority of the Appeal Panel.

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. 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 and can be dropped off,  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: CSS.appeals@gov.ab.ca

Upon receipt of a Notice to Appeal, the Appeals Secretariat will notify the AISH program to commence an Administrative Review. 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 issue informally. If the complaint is not resolved during the Administrative Review, a date is set for an appeal hearing.

In situations where the Administrative Review does not result in the decision being reversed or varied, the AISH will provide a submission to the Appeals Secretariat which explains the reason(s) for the decision, every document used to make the decision as well as all the documents AISH intends to introduce at the appeal hearing.

Appellants also have the opportunity to provide the Appeals Secretariat with a submission prior to the appeal hearing. The Appeals Secretariat will provide AISH with a copy of the Appellant’s submission. The program will review the information to determine if the information changes the original decision.  If the review results in the decision being reversed or varied, the affected party will be advised in writing. If the review does not result in a change in the original decision, the program will prepare to explain the reason(s) for this decision at the 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 Appeals Secretariat or AISH office in writing.

Limits to the Authority of the 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:

  • 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 ReviewException -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.

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