PART C -Decision under Appeal The decision being appealed J the Ministry of Social Development and Social Innovation (the "Ministry") January 30, 2014 reconsideration denying the Appellant's request for a high protein diet supplement of $40 a month because the Ministry determined that the Appellant is receiving disability assistance under Schedule A, section 8 of the Employment and Assistance for Persons with Disabilities Regulation and therefore the Ministry is not authorized to provide a diet supplement under section 66 of that regulation. PART D -Relevant Legislation Employment and Assistance for Persons with Disabilities Regulation ("EAPWDR"} Section 66 and Schedule A Section 8. EAAT003(10/06/01)
PART E -Summarv of Facts With the consent of both parties, the hearing was conducted as a written hearing pursuant to section 22(3)(b) of the Employment and Assistance Act. For its reconsideration decision, the Ministry had the following evidence: 1. Information from its records that: 0 The Appellant receives disability assistance under the EAPWDR provisions for people receiving special care; that is, Schedule A section 8, and not as a recipient who receives monthly support allowan. 9e or monthly shelter allowance. • On November 21, 2013 the Appellant was admitted to a drug and alcohol treatment facility. • The Ministry is paying for the Appellant's accommodation and care at the facility on a monthly basis at the per diem rate of $40. • The Ministry is also paying the Appellant a comforts allowance of $95 a month. • The Appellant requested a high protein diet supplement of $40 a month for hepatitis C, supported by a prescription from a doctor dated December 19, 2013. • The Appellant wrote that her doctor has written a prescription stating that for her hepatitis C she needs a high protein diet, which includes special vitamins not covered by the provincial medical insurance program. The diet and Ensure is also needed to help with her weight loss and for days when she can't eat because she is nauseous. 2. Appellant's request for reconsideration in which she wrote that she is requesting the allowance because she is fighting hepatitis C. She needs vitamins and Ensure because she can't eat on some days. She is anemic and her white blood count is increasing daily. The Appellant stated that this is causing her to be very tired and to lose weight. She received the allowance before when she was in treatment because the same thing happened. A doctor also agreed that she needs the proper treatments and food allowance. For this appeal, the Appellant stated that she needs the $40 a month dietary allowance to get the special diet items and vitamins that she needs. The Ministry relied on and reaffirmed its reconsideration decision. The Panel makes the following findings of fact: 1. The Appellant receives disability assistance as a person receiving special care and not as a recipient who receives monthly support allowance or monthly shelter allowance. 2. The Ministry is paying for the Appellant's accommodation and care at a residential treatment facility and a comforts allowance of $95 a month. ·'•" · ·'"(/,\..">"-'•''' ., ...._ ,:...:./ EAA T003(10/06/01)
PA RT F -Reasons f or Panel Deci sion The issue in this ap peal is whether th e Ministry reasonab pr o tein diet suppleme nt of $ 4 0 a month because the Ministry determ receiv ing disabi l i ty assistance under Schedule A, sect M i n i stry is n ot auth orized to provide a diet supplem The following sections of the EAPWDR ap ply to t he 24 D i sabili t y assistance may be provided to or for a family unit, fo that is not more than (a) the amoun t determined u nd e r Schedul e A, minus ( b) the family unit's net inc om e determined under Sch 66(1) The minister ma y pa y for a d i et supplem ent in accordan Schedule C for a r eci pient o f dis ab ility assistan ce under section 2 [monthly su [mo nt hly shelter a llow an ce}, 6 [people r ece iv ing roo of S chedule A or a d e pen d e nt of that pers o n if t he re ( a ) a s pecia l diet for a spec i fic medical condition descr (b) a sp ecia l diet d es crib ed in s e c t i on 6 o f Schedule C Schedul e A People rece iv ing speci al care 8(1) F or a p erson wit h d i sab ilit ie s who rece ives acc (o ther tha n a s pec ial ca r e f acil ity descri bed in s ubsec to a h osp ital beca use he or s h e re q u ires ex ten de d c [a mou n t of disa bility assistance} o f th is re gul ation is the su ( a ) the act ual cos t, if any , to the a pplicant or re cipient ap pro ved by the m inister for th e typ e of facilit y, pl us (b) a co m fo rt all owanc e of $9 5 for eac h person fo r ea Th e P arties' Posi t i ons The Ap pella nt su bmi tt ed that she ne eds th e $4 0 a m and vitamins she n e eds for trea ting hepa titis C . Her re The Ministry determined that because the Appell ant of the regulatory sections stipulated in section 66(1) of t her with a high protein diet supplement. The Panel's Findings and Conclusion The Panel notes that the Ministry may pay for a die t however, only for the recipients of disability assistance under the specific regulator to in section 66. The Panel finds that the evidence establishes that the Appellant receives disability assistance under EAPWDR Schedule A, section 8 and that type of disability assistanc EAPWDR section 66. Therefore, the Panel finds that the Ministry reasonably determined that it is not authorized to pay for a diet supplement for the Appellant Panel further finds that, in the Appellant's circumstances, the Ministry's reconsideration reasonably supported by the evidence and was a reasonable application of the applicable legislation. Therefore, the Panel confirms that decision . . , . , ·. .. ,_, . .,,,. .. , EAAT 003( 10/06/01) ly d e ni e d the Appellan t's r equest for a high i ned that the App e l lant is ion 8 of the EAPWDR and ther efore the e n t under section 66 of that regu la tion. App ellant's circumstanc e s in this app eal: r a calend ar month, in an amount ed ule B. ce with section 6 [diet supplement] of pport a ll o wance}, 4 m a nd bo ard] , or 9 [peo ple i n em ergenc y shelters ] c ipi e n t or d ep endent re q uir es ibed in sec tion 6 of Sch edule C, or . o mmo da ti on and ca re in a spe cial ca r e fac ility tion (3) ) or a privat e hospit al or who is admitted a r e, t he amount re fer red to in section 24(a) m of of the ac comm odat i on and care at th e r a t e c h calen d ar m onth. onth diet all owanc e to get th e spe cia l die t it ems quest i s s upported by her doctor's pr escription. does not receive disability assistance under any h e E APWDR, it is n o t a uthoriz ed to provide supplement u nder s ection 66 of the EAPWDR; y sectio n s refe r re d e is not listed in under section 66 of the EAPWDR. The decision was
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