I APPEAL# PART C-Decision under Appeal The decision under appeal is the Ministry of Social Development's (the ministry) reconsideratio n decision of January 31, 2012, wherein the ministry decided that the appellant is not eligible for designation as a Person with Disabilities (PWD) on the basis that he has not satisfied three of the five legislated criteria as set out in section 2 of the Employment and Assistance for Persons with Disabilities Act and section 2 of the Employment and Assistance for Persons with Disabilities Regulation. In particular, the ministry found that the appellant satisfied the criteria with respect to age and duration of impairment, but held that the appellant does not have a severe mental or physical impairment, which in the opinion of a prescribed professional directly and significantly restricts the person's ability to perform daily living activities (DLAs) either continuously or periodically for extended periods, and further held that since DLAs are not significantly restricted it cannot be established that help is required as defined in the legislation. The reconsideration decision resulted in a refusal to provide disability assistance. PART D -Relevant Legislation Employment and Assistance for Persons with Disabilities Act (EAPWDA), section 2 Employment and Assistance for Persons with Disabilities Regulation (EAPWDR), section 2 EAAT 003( 10/06/01)
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.