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What is an appeal
An appeal is when you ask an appeal panel to review a decision the AISH program has made about your eligibility, living allowance or benefits. The appeal panel:
- is made up of private citizens who are not Government of Alberta employees
- has the authority and training to hear your appeal
- may agree with, reverse or change part of the AISH program’s decision
Who can appeal
You can appeal if you were affected by a decision the AISH program made, including if you:
- applied for AISH benefits and were not approved
- get AISH benefits and your living allowance or benefits have changed or stopped
- are authorized to appeal by a person who has applied for, or has been getting AISH – this means you will act on their behalf through the appeal process
If you are unsure whether you are a person who can appeal, contact the Appeals Secretariat.
What can be appealed
Under the Assured Income for the Severely Handicapped Act and the Application and Appeals (Ministerial) Regulation you have the right to appeal most decisions the AISH program makes. These are general guidelines about decisions the appeal panel can and cannot review:
The appeal panel can review decisions about:
- your eligibility for the AISH program
- changing, stopping or not approving the monthly living allowance, health benefits, child benefit and most personal benefits
- the date your AISH living allowance and other benefits will start
- whether you have an overpayment – this is money you owe the AISH program because you received a benefit you were not eligible for, or used a benefit for a different purpose than you were supposed to
- whether you have to repay a benefit you got but were not eligible to get or you used for a different purpose than you were supposed to
- whether you have an underpayment – this is a benefit you did not get, but were eligible for
AISH applications are reviewed in a specific order and are not further assessed if the application is denied early in the application process. The order is:
- General Eligibility – age and residency;
- Medical Eligibility; and
- Financial Eligibility.
When the appeal panel reviews your eligibility for the AISH program, they only review the decision at the point where a decision was made. If the appeal panel overturns a decision based on general or medical eligibility, AISH staff will review the remainder of the application to determine if you are eligible for AISH.
The appeal panel cannot review decisions about:
- the maximum value that is set for the monthly AISH living allowance
- changing, stopping or not approving your AISH benefits because you did not apply for Canada Pension Plan Disability or Old Age Security benefits
- some personal benefits, including medical supplies, medical equipment, special diets or supplements
- personal benefits that you agreed to repay
- health benefits that are not covered by a health benefit card
- an amount that is subtracted from an underpayment to repay some money you owe the Alberta government
- whether you may have more time to file your appeal
- whether you are in financial hardship and eligible for health benefits, the child benefit and personal benefits even though you do not meet some income and asset eligibility criteria (financial hardship means you are unable to arrange your situation and finances to meet your basic needs, and those of your spouse or partner and any dependent children)
The appeal panel makes decisions based on the information that you provided to the AISH program before the program’s decision was made. The appeal panel cannot consider new information that you provide once you have submitted a Notice of Appeal.
When to appeal
When the AISH program makes a decision about your eligibility, living allowance or benefits, they will tell you and explain how to:
- give more information to the AISH program to support your application or show a change in your situation
- appeal the decision within a 30-day deadline
Before you file an appeal, make sure to consider whether there is more information you can give the AISH program to change their decision. There may be no need to appeal if you are going to provide more information. Be sure to:
- tell the AISH program about any new personal, financial or medical information you are waiting for, and
- give the AISH program the new information as soon as you have it
If the Appeals Secretariat received your Notice of Appeal on, or after, April 1, 2022, and you have new information you want the AISH program to consider, you would need to withdraw your appeal and submit this information to the AISH program. The AISH program will not consider new information when an appeal is underway. The appeal panel can only consider the same information the program reviewed when they made their decision.
NOTE: If the Appeals Secretariat received your Notice of Appeal before April 1, 2022, contact the AISH program if you have information you would like the program to consider or the Appeals Secretariat if you have information you would like the appeal panel to consider.
You may choose to appeal when:
- you do not have additional information that could change the AISH program’s decision, and
- you want the appeal panel to review the decision
If you have any questions, contact the Appeals Secretariat. The Appeals Secretariat is a neutral government office that operates independently from the AISH program.
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