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Part of Income Support

Income and employment supports – Appeal a decision

Find out how to appeal a decision about your income, employment and training support benefits and take part in a hearing.

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Appeal a decision

What is an appeal

An appeal is when you ask the Citizen’s Appeal Panel (CAP) to review a decision the Income and Employment Support (IES) program has made about eligibility. 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
  • can agree with, reverse or change the IES program’s decision

Who can appeal

You can appeal to the CAP if you were directly affected by a decision the IES program made, including if you:

  • applied for benefits and were not approved
  • get benefits and they have changed or stopped
  • are authorized to appeal by a person who has applied for, or has been getting benefits – 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 Income and Employment Supports Act and the Income Support, Training and Health Benefits Regulation, you have the right to appeal most decisions the IES program makes. These are general guidelines about decisions the appeal panel may or may not review:

  • Decisions that CAP may review

    The CAP may review decisions about:

    • your eligibility for income support benefits, health benefits, and employment and training benefits
    • the amount or value of income support and health benefits you may receive
    • changing, stopping or not approving income support or health benefits
    • whether you have an overpayment – this is money you owe the IES 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 because it would be unfair to make you repay it
    • whether you have an underpayment – this is a benefit you did not get, but were eligible for
    • if you are a training provider, whether you should be given an administrative penalty amount or owe the government money
    • if you are a sponsor, whether you owe the government money under the federal Immigration and Refugee Protection Act

  • Decisions that CAP may not review

    The appeal panel may not review decisions about:

    • the date income support and employment and training benefits will start or end
    • the type and amount or value of employment and training benefits
    • whether training is considered full- or part-time
    • alimony or support payments for dependent children and adults
    • health benefits that are not covered by a health benefit card
    • the amount you will be paid for an underpayment when it is proven to have happened
    • whether you may have more time to file your appeal

    For more detailed information, review the Income and Employment Supports Act and the Income Support, Training and Health Benefits Regulation, or contact the Appeals Secretariat.

Appeal timelines

When the IES program makes a decision about your eligibility, living allowance or benefits, they will tell you and explain how to:

  • give more information to the IES 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 IES 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 IES program about any new personal, financial or medical information you are waiting for
  • give the IES program the new information as soon as you have it

Time extensions

Under section 45(2) of the Income and Employment Supports 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 IES Notice of Appeal Form in Adobe Reader, read the instructions, fill it in, save it, then print it. Alternatively, you can 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 a copy 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 your guardian or trustee
    • a description of the IES decision you are appealing
    • the date you got the IES 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 your or your guardian or trustee

    If you want to give another person authority to act on your behalf throughout the appeal process, include a 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 IES 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 IES 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 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 IES program explaining the reason their decision will not change, along with copies of the documents they used to make the decision you are appealing.

Withdrawing an appeal

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

Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.

Contact

Appeals Secretariat offices

Related

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