Skip to content

Notifications

Government mail service may be affected by the Canada Post labour disruption. Learn about how critical government mail will be handled.

Popular topics:

Alberta.ca Account
Part of Assured Income for the Severely Handicapped (AISH)

AISH – Appeal a decision

Find out how to appeal a decision about your Assured Income for the Severely Handicapped (AISH) eligibility, living allowance or benefits.

Explore pages in:
Appeal a decision

What is an appeal

An appeal is when you ask the Citizen’s Appeal Panel (CAP) to review a decision the AISH program has made about your eligibility, living allowance or benefits. The CAP:

  • 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 to the CAP 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:

  • Decisions that CAP may review

    The CAP may 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:

    1. General eligibility – age and residency.
    2. Medical eligibility.
    3. Financial eligibility.

    When the CAP 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.

  • Decisions that CAP may not review

    The CAP may not 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)

Appeal timelines

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
  • give the AISH program the new information as soon as you have it

Time extensions

Under section 10(4) of the AISH Act, the minister has the authority to extend appeal timelines.

If you cannot file or did not file your appeal within the 30-day deadline, you can ask for more time by:

  • filling out section 3 on the Notice of Appeal form, or
  • sending a letter or email to the Appeals Secretariat asking for more time and including:
    • when you got the decision you are appealing
    • when you found out you had 30 days to appeal
    • why you were unable to appeal within the 30-day time limit

The minister’s delegate at the Appeals Secretariat will review your request and decide whether to allow you more time. You will get this decision in writing.

  • If you think the minister’s delegate’s decision is unfair, you cannot appeal it to the CAP. However, you have 2 options:
    • contact the Alberta Ombudsman
    • apply for judicial review
  • If you are not allowed more time, your appeal will be closed and it will not go to the CAP.

Steps to file an appeal

Fillable PDF forms may not open properly on some mobile devices and web browsers. See the step-by-step guide or contact PDF form technical support.

  • Step 1. Complete a notice of appeal

    You must appeal in writing through option A or B:

    Option A. Fill out an appeal form

    • Download: open the AISH Notice of Appeal Form in Adobe Reader, read the instructions, fill it in, save it, then print it. Alternatively, print a copy and fill it in by hand.
    • Paper copy: contact an Appeals Secretariat office to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.
    • Make sure the form is signed.
    • Keep copies for your files.

    If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

    Option B. Write an appeal letter

    Make sure to include:

    • the name, address, email and any phone numbers for you or the person who is authorized to appeal the decision
    • a description of the AISH decision you are appealing
    • the date you got the AISH decision in person, by phone or letter
    • the date you were told about your right to appeal the decision and that you had 30 days to appeal
    • why you are appealing
    • a signature for you or your guardian or trustee

    If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

  • Step 2. File your notice of appeal

    Make sure to:

    • include your signed Notice of Appeal form or appeal letter and the Authorization form if someone will be acting on your behalf
    • include a copy of the AISH program’s letter with the decision you are appealing, if you received one
    • keep copies of all documents for your own files

    Submit your documents by:

After you file an appeal

You will get a letter from the Appeals Secretariat saying they received your appeal.

The AISH program will review the documents used to make the decision to see if the matter can be resolved without going to an appeal hearing. Someone from the program may call you to discuss the decision you are appealing.

If the matter is resolved

  • the AISH program will contact you to explain the next steps
  • you do not need to continue with your appeal and can withdraw it

If the matter is not resolved the Appeals Secretariat will schedule your appeal hearing.

  • Once your appeal has been scheduled, the Appeals Secretariat will send you a document from the AISH program explaining the reason their decision will not change, along with copies of the documents they used to make the decision you are appealing

If you have already filed and appeal and have new information you want the AISH program to consider, you may need to withdraw your appeal and submit this information to the AISH program

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped, and you no longer want to appeal the AISH program’s decision.

Tell the Appeals Secretariat right away if you want to withdraw your appeal.

Contact

Appeals Secretariat offices

Related

Back to Assured Income for the Severely Handicapped (AISH)
Next Appeal hearing