Challenging welfare decision in BC: A step-by-step guide

The provincial government provides welfare benefits to those in financial need. If the government denies you welfare or reduces your benefits, there are steps you can take to challenge the decision.

What you should know

The Ministry of Social Development and Poverty Reduction (from here on we call it the ministry) may decide to deny, reduce, or stop your welfare payments. Or they may reject your application for a persons with disabilities (PWD) or persons with persistent multiple barriers (PPMB) designation. If you disagree with their decision, you can challenge it.

The process to challenge a ministry decision typically involves three stages:

If you disagree with a ministry decision, you can request a reconsideration. This is an internal review by the ministry.
If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. This tribunal is an independent decision-making body similar to a court.
If you disagree with the tribunal’s decision, you can go to court to ask for a judicial review.

We explain these stages below.

Most ministry decisions that impact your entitlement to welfare benefits or supplements can be challenged. This includes decisions that lead to any of the following:

a denial of your application for welfare or supplements
a refusal to grant you the PWD or PPMB designation
a reduction or discontinuance of your welfare payments or supplements
a change in the conditions of your employability plan
a mischaracterization of your relationship with someone (for example, if the ministry decides that someone is your dependent when they aren’t)

Decisions about certain supplements can be reconsidered but not appealed

If the ministry makes a decision about your entitlement to a supplement that you disagree with, you can request a reconsideration. This is the first stage of the process to challenge a ministry decision. Below, we walk you through what’s involved in requesting a reconsideration.

Under BC law, ministry decisions about certain supplements can’t be appealed to the Employment and Assistance Appeal Tribunal. An appeal is the second stage in the process to challenge a ministry decision. For example, you can’t appeal a decision relating to a confirmed job supplement or a supplement to prevent undue hardship while dealing with an outstanding arrest warrant.

Some types of decisions can’t be challenged at all

Some types of decisions cannot be challenged. For example, problems with service quality or administrative practices. For these types of issues, you can submit your complaint to a local ministry office.

Sometimes, dealing with the ministry can be hard. Here are a few tips when dealing with ministry staff:

If you need help understanding something, talk to an advocate or reach out to a friend. An advocate is a community worker trained to help people. It can help to have someone else talk to the ministry on your behalf. To find an advocate in your area, see below under who can help.
Call the ministry back if you don’t hear from them when you’re supposed to. We tell you the deadlines in the steps below.
Keep notes of what you do, including the date and time. When you contact the ministry, ask for the name of the person you speak to and write it down.

Ministry staff must follow BC’s welfare laws. You can access the laws that deal with income assistance and PPMB benefits here and here. The laws dealing with disability assistance are accessible here and here. There are also policies and procedures ministry staff must follow. You can access them here. Consider contacting an advocate if you need help understanding what the laws or policies mean.

Be persistent. Remember: you have the right to get help.

Work out the problem

As soon as you find out the ministry made a decision you don’t agree with, ask for their decision and the reasons in writing. Request copies of everything they used to make their decision. You have the right to this information.

If you disagree with the ministry’s decision, you can ask for a reconsideration. This is a “paper review” by the ministry — it doesn’t involve a hearing.

If your request relates to a decision to reduce or stop your assistance or supplement, the ministry may agree to continue paying you your monthly benefits or supplement while you wait for the outcome of the reconsideration. This is called a reconsideration supplement. Usually, you have to pay back the supplement if your reconsideration fails.

How to request a reconsideration

First, call the ministry at 1-866-866-0800 or visit your local ministry office to tell them you want a decision reconsidered. They should give you a request for reconsideration form within 48 hours. If you haven’t received the form within a week of your request, follow up with them. (Note that it’s generally best to pick up your reconsideration package in person to prevent delays.)

Fill out sections three and four of the form, then return the form to your local office. Alternatively, you can fill out and submit a request for reconsideration form online through My Self Serve.

To ensure the ministry has all the information you want them to consider for your reconsideration, submit the completed form together with any new evidence you might want to provide. New evidence can include an updated personal statement, letters from doctors or assessors, statements from others, or tests and medical records. It’s important to provide as much documentation as possible. If you decide to appeal further, you may be limited to the information you use in your original request for reconsideration. That said, the Employment and Assistance Appeal Tribunal will usually allow new relevant evidence.

Make sure to meet the deadlines

You must return the form within 20 business days of the ministry’s original decision. The 20 business day countdown starts the day after you learn of the decision. If your denial decision is dated but you did not read or receive the decision until days later, the 20 day timeline should start the day after you actually learned of the decision. If there was a delay between when your decision is dated and when you found out about the decision, it’s important to tell the ministry this when you call to request the reconsideration package. They should change the dates accordingly.

If you aren’t able to meet the 20 day deadline, you can request an extension of up to an additional 20 business days. The countdown for the extension deadline starts the day after you request the extension. To maximize your time, make sure you request your extension as close to the original deadline as possible. If you request your extension too early, it can eat into your original timeline and will not provide you as much additional time.

What happens next

A reconsideration officer will review your form and should get back to you with a decision within 10 business days. If you used My Self Serve, the reconsideration decision will be posted there. If not, it will be sent by mail. Follow up with the ministry if you have not received a decision on your reconsideration after a week.

If you aren’t satisfied with the reconsideration decision, you can appeal. We explain what’s involved in the next step.

If you disagree with the reconsideration decision, you can appeal to the Employment and Assistance Appeal Tribunal. This tribunal is an independent body similar to a court.

You start your appeal by filling out a notice of appeal form. You must deliver your completed form to the tribunal or a ministry office within 20 business days of receiving the reconsideration decision.

The tribunal hearing

You can ask the tribunal to hold your hearing in person, by teleconference or videoconference, or in writing. You have the right for a lawyer, advocate, friend, witness, or other person to come to the hearing with you.

The tribunal will send you an appeal record with a copy of all the information the ministry considered in making its reconsideration decision. If there is extra evidence you think would help your case, you can submit it to the tribunal. It’s best to do this at least three business days prior to your hearing.

Here’s a guide to help you prepare for your hearing.

The tribunal decision

The tribunal will decide whether the ministry’s reconsideration decision was reasonably supported by the evidence, or if it was a reasonable application of the law to your situation. Based on their findings, the tribunal will uphold or rescind (cancel) the ministry’s decision.

If you disagree with the tribunal’s decision, you can ask the court to review it. You can file a petition for a judicial review in the BC Supreme Court. You must file your petition within 60 days of the tribunal’s decision.

A judicial review may be an option if there are very serious problems with the tribunal’s decision. For example, if it involved significant errors of law or procedural unfairness.

The Community Legal Assistance Society has lawyers who may be able to help you with your judicial review. Visit their website for details. Another option is to speak to an advocate. (Though note that generally, an advocate cannot appear in court for you on a judicial review.)

For more on judicial review, check out this self-help guide.

In addition to judicial review, you have two other options if you aren’t satisfied with the tribunal’s decision.

If you have a concern about the conduct of the appeal or any interaction with the tribunal, you can complain to the tribunal chair. The tribunal’s website explains the process.

You can also complain to the BC Ombudsperson. The ombudsperson investigates complaints about administrative unfairness. You can make a complaint online or by phone. See below, under who can help, for contact information.