SARA: Section 3

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Section 3 - Appeals Process

There have been many changes to the social assistance appeals process. The new appeals process is detailed in the Social Assistance Reform Act (SARA) regulations and is stricter than the previous legislation. It leaves little room for flexibility. Prior to the introduction of SARA, social assistance appeals went before the Social Assistance Review Board. Under the new Act the Social Benefits Tribunal replaces the Social Assistance Review Board.

Unlike Social Assistance Review Board, the Social Benefits Tribunal has a narrowly defined jurisdiction. It may not rule on the constitutionality of the Ontario Works Act or Ontario Disability Support Program Act (ODSPA), or any other legislation. Basically, it must accept Ontario Works Act and ODSPA, along with their respective regulations. SARA goes further, however, and provides that the Social Benefits Tribunal must also accept Ministry guidelines. Since anything can be the subject of a guideline, this has the potential to make Social Benefits Tribunal appeals virtually meaningless.

Generally social assistance decisions dealing with the eligibility for and the amount of social assistance can be appealed. However, many other decisions cannot be appealed.

Benefits for recipients under 18 years of age must be paid directly to a third party; this cannot be appealed.

Recipients over 18 years of age who are deemed unsuitable to manage their own money must have a trustee appointed to manage their benefits; this cannot be appealed.

Application decisions for emergency assistance; this cannot be appealed.

Ontario Works participation agreements and decisions regarding mandatory activities (Employment Supports, Community Participation and Employment Placements); this cannot be appealed.

If individuals wish to appeal a decision, he or she must first apply for an internal department review. An internal review must be requested in a written statement within ten days of receiving the social assistance eligibility decision. If the appeal is upheld internally, the appeal then proceeds to the Social Benefits Tribunal.

An appeal to the Social Benefits Tribunal must be done within thirty days of the internal review decision.

The Social Benefits Tribunal has sixty days from receiving the appeal application to set a date for a hearing.

Any written information for the appeal must be submitted by the appellant to the Tribunal within twenty days before the hearing.

During the appeal process an applicant may apply for interim social assistance. However, if interim assistance is collected and the appeal is rejected, the interim assistance must be repaid to the government. This provision may discourage appeals.