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 When a decision is made that effects Basic Financial Assistance or the Mandatory Benefits, an applicant/recipient has the right to appeal the decision. 

 

The appeal process:

 

  1. The applicant/recipient will receive a letter stating the decision that has been made, how it will affect his/her Ontario Works entitlement, and how the decision can be appealed should the participant choose to do so.

  2. If the applicant/recipient chooses to appeal the decision, a letter requesting an Internal Review must be submitted to the Ontario Works office within thirty (30) days of the date of the letter being received.

  3. The Internal Review must be conducted within thirty (30) days of receiving the request and the applicant/recipient will be notified of the decision in writing.

  4. If the original decision is upheld and the applicant/recipient still disagrees, an appeal can be made to the Social Benefits Tribunal*.

  5. An appeal to the Social Benefits Tribunal must be submitted within thirty (30) days of receiving the Internal Review decision.

  6. The applicant/recipient has the right to legal counsel and representation.

  7.  A Hearing will be held by the Social Benefits Tribunal* with the applicant/recipient and a representative from the Ontario Works office.  The decision will be issued, in writing, within sixty (60) days of the Hearing.

 

 * The Social Benefits Tribunal is an independent group, appointed by the Provincial Government.

 

Appeal forms are available at the local Ontario Works office.  Completed forms are to be mailed to:

The Social Benefits Tribunal

7th Floor, 1075 Bay Street

Toronto, Ontario

Toll Free Number 1-800-753-3895

Interim assistance may be provided to an applicant/recipient if the Tribunal is satisfied that the person will suffer financial hardship during the period needed for the Tribunal to complete its review and issue its decision.   An applicant/recipient may receive interim assistance only if the applicant/recipient meets all conditions of eligibility for assistance other than a condition relating to the issue under appeal.

 

When an applicant/recipient loses an appeal, or withdraws an appeal and had been in receipt of interim assistance, this payment will be considered an overpayment.   If the amount of interim assistance provided exceeds the amount that would have been payable under the final order of the Tribunal during the period for which interim assistance was provided, the amount of the excess shall be deemed to be an overpayment.

 

Decisions that relate to items other than Basic Financial Assistance or Mandatory Benefits are appealable through an Internal Review.    The internal review is an informal administrative process.  Legal representation is not required during this process.

 

For decisions that are not appealable to the SBT, the decision is final when:

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the time for requesting an internal review expires and no internal review is requested; 

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an internal review decision is made to uphold the initial decision.

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