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Learner Policy & Procedures

Published Date: January 01, 2019
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Appeals and Reviews

Appeal and Decision Review/ Introduction and Authority

AUTHORITY

Income and Employment Supports Act, sections 35, 36.1, 37, and 43-48
Income Support, Training and Health Benefits Regulation, sections 73-74, 92-94 and 97
Disability Related Employment Supports Review Committee Ministerial Order, Section 7

INTENT

To ensure that decisions made by the Government of Alberta are supported by legislation (either Act or Regulation) and are fair.

POLICY

Matters that are subject to appeal to an Income and Employment Supports Appeal Panel include any decisions of the Director relating to:


Some decisions of the Director are not subject to appeal to the Income and Employment Supports Appeal Panel. These exceptions are identified in IESA, section 44 and ISTHB Regulation, section 97.

Powers given to the Minister under IESA and associated Regulations are not within the jurisdiction of the appeal panel to rule upon. While Government of Alberta staff cannot deny an individual the right to appeal a matter that is under the discretion of the Minister, the jurisdiction of the appeal panel is limited to decisions of the Director only.

Appeals to an Income and Employment Supports Appeal Panel

An individual has the right to appeal to the appeal panel, if they disagree with a decision made by the Government of Alberta regarding:

  • Eligibility for assistance under Part 2 of IESA that affects the amount or value of  income support and benefits (including supplemental benefits), and/or training benefits; and,
  • Eligibility for employment and training benefits under Sections 4 and 5 of the Employment and Training Benefits for Persons with Disabilities Regulation (also known as Disability Related Supports).


Review of Decision by an Internal Review Committee

Requests for coverage of a specific health benefit that is generally not provided may be made to the Health Benefits Exception Committee (HBEC). The HBEC ensures that individuals have access to health benefits required to meet their unique medical needs when conventional treatments and goods or services that are normally covered, prove to be inappropriate or ineffective. The HBEC process ensures that decisions are equitable and meet the parameters established by legislation, the Government of Alberta agreements with professional associations, Drug Benefit Lists and medical best evidence.

Decisions related to the provision of Disability Related Employment Supports (DRES) must be appealed to the Disability Related Employment Supports Review Committee (DRESRC). DRESRC reviews a decision to ensure that it is equitable and that it meets the parameters established by legislation. Committee members are government employees appointed by the Minister.

The authority for HBEC and DRESRC to review matters relating to Health Benefits and DRES is provided under ISTHB Regulation, Section 97 and the DRESRC Ministerial Order, respectively. A ruling made by members of HBEC and DRESRC is final.

Review of Decision – Training Eligibility

An individual has the right to request a Review of Decision if they disagree with a decision that impacts eligibility to attend Government of Alberta funded training. A Review of Decision is conducted by different sources depending on who made the decision related to training eligibility.

Decisions made by an authorized Training Provider: conduct a Review of Decision related to training eligibility through an Internal Training Provider Review Process.

Decisions made by a contracted assessment agency: conduct a Review of Decision when an assessment that impacts eligibility to attend a training provider, is being disputed. The Review of Decision completed by a Contracted Assessment and Case Management Centre is final.

Decisions made by an authorized Government of Alberta employee: determine eligibility to attend a training provider are also subject to Review of Decision by a Government of Alberta Supervisor or Manager. A Review of Decision completed by a Supervisor or Manager is final.

Options for Review and/or Appeal of Decision

The following matrix outlines decisions affecting an individual’s eligibility, income support and benefits which are within the appeal panel’s jurisdiction to rule upon. An alternate review medium is also identified for decisions that are beyond the jurisdiction of the appeal panel.

Type of Decision

 

 

 

 

Jurisdiction

 

 

 

 

Appeal to 
Income and Employment Supports Appeal Panel
Review of Decision by Internal Review Committee
Whether an individual meets residency and citizenship requirements as a condition of eligibility under the Income Support (IS) program (residency and citizenship requirements themselves, are not subject to appeal) Yes N/A
The amount or value of IS, benefits and training benefits payable based on information provided in the Learner Income Support Application for Full-Time Studies. Yes N/A
Compliance with Child Support Services (CSS) as a condition of eligibility under the IS program Yes N/A
Eligibility for CSS based on decisions under Part 5 of IESA (including case management decisions) No N/A
Eligibility for Government of Alberta funded training as determined by an authorized training provider No Review of Decision by Training Provider
Eligibility for Government of Alberta funded training as determined by an authorized contracted assessment agency No Review of Decision by an authorized assessment agency
Eligibility for Government of Alberta funded training at a training provider as determined by a Government of Alberta Authorized Official No Review of Decision by a Supervisor / Manager 
Eligibility for Government of Alberta funded training without meeting the requirement to be “out of school for 12 consecutive months” No Review of Decision by Learner Specialist
Maximum duration of months that training benefits may be provided No N/A
Counsel to Leave Employment No Review of Decision by a Supervisor/Manager at an Alberta Supports Centre.
Decisions based on the submission of a Change in Circumstances form (e.g., changes to income, assets, marital status, family size, accommodation) or requests for supplementary benefits Yes N/A
Acceptable attendance as a condition of continuing eligibility for Government of Alberta funded training No Review of Decision by Training Provider
Review of Decision by a Regional Learner Specialist related to acceptable attendance when absences from training exceed 3 consecutive weeks Yes N/A
Health benefits coverage and requests for coverage outside of professional service agreements and Drug Benefit Lists No HBEC
DRES decisions made under Disability Related Employment Supports & Services Regulation No DRESRC
DRES decisions related to employer and educational institute eligibility No N/A
Financial eligibility for Alberta Child Health Benefits (ACHB) Yes N/A
Other eligibility decisions for ACHB No N/A
Assessment of an overpayment under IESA, section 35 Yes N/A
Determination that a Repayment Agreement is not required under IESA section 16 Yes
Before the Repayment Agreement is signed
N/A
Amount repayable under IESA section 16(i.e., Repayment Agreement) Yes
If the amount was unknown when the agreement was signed.
N/A
Determination of the repayment rate Yes
To a minimum of $1.00
N/A
A sponsor debt under section 37 of IESA Yes N/A
Decisions that relate to appointing a financial administrator or issuing third party payments - when no consent is given by the learner Yes
Appeal panel must rule on decision
N/A