I APPEAL# PART C -Decision under Appeal The decision under appeal is the Ministry of Social Development and Social Innovation (Ministry) reconsideration decision dated April 14, 2014, whereby the appellant was found to be ineligible for income assistance pursuant to Section 9 of the Employment and Assistance Act (EAA) for not complying with the conditions of his Employment Plan (EP), due to his failure to participate in his employment-related program with no medical reason for ceasing to participate. PART D -Relevant Legislation Employment and Assistance Act Section 9
P A R T E S u m m a r y o f F a c t s T h e w r i t t e n e v i d e n c e b e f o r e t h e M i n i s t ry a t t h e t i m e o f t 1 ) L e t t e r t o t h e a p p e l l a n t f r o m t h e M i n i s t r y d a t e d M a r c h 6 c h e q u e t o b e i s s u e d o n M a r c h 2 6 , 2 0 1 4 , w i l l b e h e l d a t t s e a r c h a n d t h a t a f u r t h e r r e v i e w o f h i s e m p l o y m e n t p l a n 2 ) E m p l o y m e n t P l a n ( E P ) s i g n e d b y t h e a p p e l l a n t d a t e d p r o v i s i o n s r e q u i r i n g t h e a p p e l l a n t t o p a r t i c i p a t e i n t h e E m d i r e c t e d b y t h e c o n t r a c t o r . H e w i l l w o r k w i t h t h e c o n t r a c e m p l o y a b i l i t y a n d c o m p l e t e a l l t a s k s a s s i g n e d i n c l u d i n g w i l l n o t i f y t h e c o n t r a c t o r i f h e i s u n a b l e t o a t t e n d a s e s s i o a p p e l l a n t a c k n o w l e d g e s t h a t i f h e f a i l s t o c o m p l y w i t h t h e a s s i s t a n c e . 3 ) E P d a t e d S e p t e m b e r 2 9 , 2 0 1 1 , a n d s i g n e d b y t h e a p p a p p o i n t m e n t w i t h t h e c o n t r a c t o r , c o m p l e t e a l l t a s k s a s s i g a d d r e s s i s s u e s t h a t m a y b e i m p a c t i n g h i s a b i l i t y t o s e c u r a n d r e p o r t a n y c h a n g e s t o t h e M i n i s t r y c a s e w o r k e r , a n d t h e a p p e l l a n t a c k n o w l e d g e s t h a t h e m u s t c o m p l y w i t h a l l p r o o f o f a c t i v e w o r k s e a r c h a n d r e c o r d s o f a t t e n d a n c e a n r e q u i r e d b y t h e M i n i s t r y . 4 ) E P d a t e d N o v e m b e r 8 , 2 0 1 2 , a n d s i g n e d b y t h e a p p e a b i l i t y i n t h e E P b y a c c e s s i n g c o m m u n i t y r e s o u r c e s , t h a t v e r i f i c a t i o n o f m e d i c a l c o n d i t i o n ( s ) t h a t a f f e c t h i s a b i l i t y t o o f h i s p l a n s a n d p r o g r e s s , a n d b y d e c l a r i n g a l l i n c o m e a n a p p e l l a n t a c k n o w l e d g e s t h a t i f h e d o e s n o t c o m p l y w i t h t o r h i s f a m i l y w i l l b e d i s c o n t i n u e d . 5 ) R e q u e s t f o r R e c o n s i d e r a t i o n s i g n e d a n d d a t e d M a r c h k n o w t h a t h e w o u l d n e e d t o s u b m i t a j o b s e a r c h r e c o r d o l o o k i n g f o r e m p l o y m e n t o p p o r t u n i t i e s b u t d i d n o t k e e p a t o d o s o , a n d t h a t t h e r e w a s a s p e c i a l s i t u a t i o n w h e r e h i s f a m i l y n e e d s . T h e A p p e ll a n t ' s E v i d e n c e T h e a p p e l l a n t a t t e n d e d t h e h e a r i n g a l o n e , w i t h o u t a p e r s t h a t h e h a d a r r i v e d d i r e c t l y f r o m h i s w o r k . T h e p a n e l w a E n g l i s h w a s s o m e w h a t l i m i t e d b u t a f t e r c o n v e r s i n g w i t h t t o u n d e r s t a n d t h e p r o c e e d i n g s a n d d u r i n g t h e h e a r i n g h e p a n e l t h a t h e u n d e r s t o o d t h e r e a s o n s g i v e n b y t h e M i n i s o p p o r t u n i t y t o p r o v i d e a r e s p o n s e . T h e a p p e l l a n t s a i d t h a t h e w a s w e l l a w a r e o f t h e r e p o r t i n a t t e n d a n c e w i t h a l a n g u a g e i n t e r p r e t e r a t t h e M i n i s t r y o f f c a u s e d h i m d i f f i c u l t y i n r e p o r t i n g t o h i s c o n t r a c t o r f o r a t h f o u r y o u n g c h i l d r e n . H e s a i d t h a t o n e c h i l d h a d t o h a v e h e r n i a a n d t h a t t h i s r e q u i r e d t a k i n g h i s c h i l d t o t h e d o c t o r o p e r a t i o n i n J a n u a r y 2 0 1 4 . H i s c h i l d w a s n o w r e c o v e r e d h i s w i f e h a d b e e n i n i u r e d i n a m o t o r v e h i c l e a c c i d e n t a b o '. A P P E A L # h e r e c o n s i d e ra t i o n d e c i s i o n i n c l u d e d : , 2 0 1 4 , a d v i s i n g h i m t h a t h i s n e x t i n c o m e a s s i s t a n c e h e o f f i c e u n t i l h e p r o v i d e s i n f o r m a t i o n r e g a r d i n g h i s j o b w a s r e q u i r e d . J a n u a r y 2 3 , 2 0 1 3 . T h e t e r m s o f t h e E P i n c l u d e p l o y m e n t P r o g r a m o f B . C . p r o g r a m r e g u l a r l y a n d a s t o r t o a d d r e s s a n y i s s u e s t h a t m a y i m p a c t h i s a n y a c t i v i t i e s t h a t m a y b e s e t o u t i n a n a c t i o n p l a n . H e n o r w h e n h e s t a r t s o r e n d s a n y e m p l o y m e n t . T h e c o n d i t i o n o f t h e E P t h a t h e w i l l b e i n e l i g i b l e f o r e l l a n t i n w h i c h h e c o n f i r m s t h a t h e w i l l m a k e a n n e d b y t h e c o n t r a c t o r , w o r k w i t h t h e c o n t r a c t o r t o e a n d s u s t a i n e m p l o y m e n t , a n d d e c l a r e a l l i n c o m e t o a t t e n d a l l r e v i e w a p p o i n t m e n t s a s r e q u i r e d . F u r t h e r c o n d i t i o n s s e t o u t i n t h e E P , i n c l u d i n g p r o v i s i o n o f d p a r t i c i p a t i o n i n a n e m p l o y m e n t r e l a t e d p r o g r a m a s l l a n t i n w h i c h h e a g r e e s t o p a r t i c i p a t e t o t h e b e s t o f h i s u p o n r e q u e s t h e w i l l p r o v i d e t h e M i n i s t r y w i t h f i n d o r c o n t i n u e w o r k , t o k e e p t h e M i n i s t r y i n f o r m e d d r e p o r t a n y c h a n g e s t o t h e M i n i s t r y . F u r t h e r t h e h e c o n d i t i o n s o f t h e E P t h e a s s i s t a n c e i s s u e d t o h i m 3 1 , 2 0 1 4 , i n w h i c h t h e a p p e l l a n t w r o t e t h a t h e d i d n o t r g o t o t h e c o n t r a c t o r ' s o f f i c e , t h a t h e w a s c o n s t a n t l y r e c o r d o f i t b e c a u s e h e d i d n o t k n o w h e w a s r e q u i r e d w i f e w a s s i c k a n d t h a t h e h a d t o t a k e c a r e o f t h e o n t o a s s i s t w i t h l a n g u a g e t r a n s l a t i o n , a s h e e x p l a i n e d s c o n c e r n e d t h a t t h e a p p e l l a n t ' s a b i l i t y t o u n d e r s t a n d h e a p p e l l a n t t h e p a n e l w a s s a t i s f i e d t h a t h e w a s a b l e w a s a b l e t o e x p r e s s h i m s e l f w e l l . I t w a s c l e a r t o t h e t r y f o r i t s d e c i s i o n a n d t h a t t h e h e a r i n g w a s h i s g r e q u i r e m e n t s d u r i n g h i s f i r s t t w o E P s b u t a f t e r h i s i c e , h e e x p e r i e n c e d a s e r i e s o f p e r s o n a l p r o b l e m s t h a t r e e m o n t h p e r i o d . H e s a i d t h a t h e a n d h i s w i f e h a v e a n o p e r a t i o n f o r w h a t t h e p a n e l u n d e r s t o o d t o b e a i n D e c e m b e r o f 2 0 1 3 a n d t o t h e h o s p i t a l f o r a n f r o m t h e o p e r a t i o n . T h e a p p e l l a n t f u r t h e r s a i d t h a t u t 2 . 5 v e a r s a Q o a n d t h a t s h e w a s a n n l v i n a f o r w h a t
APPEAL# � the panel understood to be Persons With Disability (PWD) designation in January of 2014. Further the appellant said that his wife had a baby in August of 2013 and that because of his wife's physical problems he was required to assume more responsibilities at home including taking his older children to school in the morning. As well the appellant said that he had lost his cell phone and it was a few days before he was able to replace it. The appellant also added that he had to spend a lot of time practicing to obtain his Class 5 B.C. Driver's License which he needed in order to be able to get a job as a driver and that several evenings per week he was studying English. He has since obtained his Class 5 B.C. Driver's License. The appellant stated that he believed the contractor was not assisting him at all, in either improving his employability or with his job search. He acknowledged that he knew he had to cooperate with the contractor but he was "too busy'' at that time. The appellant said that since the beginning of April, 2014, he has been working 4-6 hours per day as a delivery driver and that he had reported that income to the Ministry. He also said that he was taking four or five medications daily due to personal stress. The appellant said that he had reported these personal problems to the Ministry when his wife was in the process of applying for disability assistance. He says that he did mention them at his most recent meetings at the Ministry office on March 20, 2014, and March 25, 2014, but he acknowledged that he had not provided any letters from doctors or medical professionals to the Ministry. The Ministry's Evidence The Ministry relied principally on its reconsideration decision dated April 14, 2014, which included evidence that the appellant is an employable male with a spouse and 4 dependent children. On September 29, 2011, the appellant signed his first EP in which he stated that he understood and agreed to the conditions listed which included working with the contractor. During the life of that EP the appellant worked with the contractor. The Ministry noted that the appellant attended the Ministry office on November 8, 2012, with a language interpreter and advised that the local office of the contractor had been closed. The appellant advised that he had completed a forklift-training course but that he was unable to find work because he could not speak, read, or write English. He signed a second EP on that date requiring him to perform activities towards independence to make him more employable. No contractor was stipulated. On December 28, 2012, a third EP was created, with the contractor. The appellant was called to the Ministry office to discuss his participation requirements and he stated that he understood and agreed. On January 23, 2013, the appellant attended the Ministry office to sign the new EP and in it he confirmed that he had read, understood and agreed to the conditions listed. Those conditions included the participation of the appellant to the best of his ability and the consequences of failure to comply. On October 16, 2013, the contractor informed the Ministry that the appellant was required to submit his job search records monthly to his case manager and job searches had not been submitted for one month. The appellant was contacted and he stated that he had been doing his job searches from home as his wife was ill and needed help caring for their newborn child. The appellant was advised that attending programming was a requirement in order to remain eligible for income assistance. On October 24, 2013, the contractor advised the Ministry that the appellant had reconnected with them and that he had an appointment to see his case manager that day. On December 6, 2013, the appellant informed the Ministry that he was attending English language classes in the evenings four days per week. The Ministry explained that he was still required to comply with the EP and the appellant confirmed that he understood this. On March 6, 2014, the contractor advised the Ministry that the appellant had not been participating in their programming and that his last job search had been submitted on November 22, 2013. On March 20, 2014, the appellant attended the Ministry office. The appellant explained that he had been studying for his Class 5 driver's license to become a taxi driver for the last two weeks and that he was studying English. The appellant told the Ministry that although his last contact with the contractor had been in November, 2013, he had still been searching for jobs but had not had time to connect with the contractor. Further the a ellant said that his wife had been ill and that he needed to take the children to school. The
a p p e l l a n t w a s a d v i s e d t h a t h e w a s l o n g e r e l i g i b l e f o r i n c o T h e M i n i s t r y w a s u n c e r t a i n t h a t t h e a p p e l l a n t u n d e r s t o o d w i t h a l a n g u a g e i n t e r p r e t e r . T h e a p p e l l a n t a t t e n d e d o n M c o n f i r m e d t h a t t h e a p p e l l a n t d i d n o t h a v e a n y m e d i c a l i s s E P . H o w e v e r t h e a p p e l l a n t s t a t e d t h a t h e w a s n o t a b l e a n d t h a t t h e y h a d s m a l l c h i l d r e n . H e a d d e d t h a t h e w a s d r i v e r . H e s a i d h e h a d n o p h o n e a n d n o e m a i l . T h e M i n h i s j o b s e a r c h e f f o r t s a n d h e w a s u n a b l e t o a n s w e r . T h e t h e a p p e l l a n t w a s a d v i s e d t h a t h e w a s r e q u i r e d t o p a r t i c i t h a t h e u n d e r s t o o d t h i s b y r e c o n n e c t i n g w i t h t h e c o n t r a c t w i t h h i s E P . T h e M i n i s t r y d e t e r m i n e d t h a t b a s e d o n i n f o r e l i g i b l e f o r i n c o m e a s s i s t a n c e d u e t o h i s f a i l u r e t o c o m p l y r e c o n s i d e r a t i o n . I n i t s r e c o n s i d e r a t i o n d e c i s i o n t h e M i n i s t r y n o t e d t h a t o n d u r i n g t h e i n t e r v i e w a n d t h a t d u r i n g t h i s E P t h e a p p e l l a n t w a s r e q u i r e d t o w o r k w i t h t h e s a m e c o n t r a c t o r b u t t h e n h a p p e l l a n t w a s o n c e a g a i n r e m i n d e d o f h i s o b l i g a t i o n s t o p t h a t h e u n d e r s t o o d b y m a k i n g a n a p p o i n t m e n t w i t h t h e c o a n o t h e r m o n t h . H o w e v e r N o v e m b e r 2 2 , 2 0 1 3 , w a s t h e l S i n c e t h a t t i m e a p p e l l a n t s a i d t h a t h e p a r t i c i p a t e d b y d o i n c o n t r a c t o r a f t e r N o v e m b e r 2 2 , 2 0 1 3 . A t t h e h e a r i n g t h e M i n i s t r y s a i d t h a t d u r i n g t h e c o u r s e o f o b l i g a t i o n s a n d t h a t i t w a s o n l y w h e n h e c e a s e d t o r e p o r t m e e t i n g a n d a d v i s e d t h a t h e w a s n o l o n g e r e l i g i b l e f o r i n o f i n c o m e a s s i s t a n c e h a v e a c e r t a i n a m o u n t o f f l e x i b i l i t y i a p p e l l a n t w a s w e l l a w a r e o f t h i s s i n c e h e h a d b e e n o n t w e l i g i b i l i t y f o r i n c o m e a s s i s t a n c e w a s b a s e d o n t h e a p p e l l a t h e t h r e e m o n t h p e r i o d . T h e M i n i s t r y r e p r e s e n t a t i v e n o t e s i g n e d , t h a t t h e c o n d i t i o n s o f t h e E P s w e r e r e a d t o t h e a p u n d e r s t o o d . R e g a r d i n g t h e a p p l i c a t i o n f o r p r o v i n c i a l d i s a b i l i t y a s s i s t a n p a r t i c u l a r a p p l i c a t i o n h a d n o t b e e n p r o v i d e d t o t h e M i n i s t M i n i s t r y a d d e d t h a t a t t h e i n t e r v i e w o f M a r c h 2 5 , 2 0 1 4 , t h t h a t t h e r e w a s n o r e c o r d t h a t h e p r o v i d e d d o c u m e n t a t i o n I A P P E A L # m e a s s i s t a n c e d u e t o n o n c o m p l i a n c e w i t h t h e E P . s o a n a p p o i n t m e n t w a s b o o k e d f o r M a r c h 2 5 , 2 0 1 4 , a r c h 2 5 , 2 0 1 4 , w i t h a n i n t e r p r e t e r p r e s e n t . I t w a s u e s t h a t w o u l d p r e v e n t h i m f r o m p a r t i c i p a t i n g i n h i s t o a t t e n d t h e p r o g r a m m i n g b e c a u s e h i s w i l e w a s i l l s t i l l a t t e n d i n g s c h o o l t o s t u d y E n g l i s h a n d t o b e a t a x i i s t r y a s k e d i f t h e a p p e l l a n t w a s a b l e t o d e m o n s t r a t e M i n i s t r y a d v i s e d h i m t h a t o n t w o p r e v i o u s o c c a s i o n s p a t e i n p r o g r a m m i n g a n d t h e a p p e l l a n t d e m o n s t r a t e d o r o n O c t o b e r 2 4 , 2 0 1 3 , i n o r d e r t o r e m a i n c o m p l i a n t m a t i o n p r o v i d e d b y t h e a p p e l l a n t h e w a s n o l o n g e r w i t h t h e E P . T h e a p p e l l a n t t h e n r e q u e s t e d S e p t e m b e r 2 9 , 2 0 1 1 , a n i n t e r p r e t e r w a s p r e s e n t w o r k e d w i t h t h e c o n t r a c t o r . I n t h e m o s t r e c e n t E P h e e s t o p p e d i n S e p t e m b e r 2 0 1 3 . A t t h a t t i m e t h e a r t i c i p a t e i n p r o g r a m m i n g a n d t h a t h e d e m o n s t r a t e d n t r a c t o r o n O c t o b e r 2 4 , 2 0 1 3 , a n d p a r t i c i p a t i n g f o r a s t t i m e t h e a p p e l l a n t p a r t i c i p a t e d w i t h t h e c o n t r a c t o r . g h i s o w n w o r k s e a r c h b u t d i d n o t p a r t i c i p a t e w i t h t h e t h e f i r s t t w o E P s t h e a p p e l l a n t w a s w e l l a w a r e o f h i s a f t e r N o v e m b e r o f 2 0 1 3 t h a t h e w a s c a l l e d t o a c o m e a s s i s t a n c e . T h e M i n i s t r y s a i d t h a t t h e r e c i p i e n t s n t h e i r r e p o r t i n g t o t h e c o n t r a c t o r s a n d t h a t t h e o p r e v i o u s E P s . S h e s a i d t h a t t h e d e c i s i o n t o e n d t h e n t ' s f a i l u r e t o r e p o r t t o t h e c o n t r a c t o r i n a n y w a y f o r d t h a t a n i n t e r p r e t e r w a s p r e s e n t w h e n E P s w e r e p e l l a n t , a n d t h a t h e a c k n o w l e d g e d t h a t h e c e b y t h e a p p e l l a n t ' s w i l e , t h e M i n i s t r y s a i d t h a t t h i s r y o f f i c e s o i t h a d n o w a y o f k n o w i n g a b o u t i t . T h e e a p p e l l a n t d i d m e n t i o n s o m e p e r s o n a l i s s u e s b u t .
PART F -Reaso ns f o r Panel De cision The issue on a p pea l is whethe r t h e M inistr y rea s o nably con e ffor t s t o co mp ly w ith t he c o ndi t i ons of his EP , with no m t herefore, the a ppell ant is not eli g i bl e f o r income ass istance A ssist ance A ct (E AA). S ection 9 of the EA A p rovides : E mp loyme n t p l an 9 (1) For a family un i t t o be e ligib le for i ncom e assi sta nc i n t he family un it , w he n required to d o so b y the min ( a ) e nte r into an employment pl an , and ( b ) co mp ly w ith t h e conditi o ns in t he e mplo yme n t p (2) A depen den t y outh, whe n requir ed to do so by t he ( a) enter in t o a n empl oyment plan, and (b) comply with the condit ions in the empl oyment plan. (3) The minister ma y s p e cify the c on d ition s i n an e m ployment plan requ iring th e a pplicant, recip ien t or de p e n d ent yo ut program tha t , in the m i nister 's o pini o n, wi l l a ss is t th ( a) find e m p l oyment, or (b) be come more e m ploya b le . (4) I f an emplo yment plan i nc lu d es a c on d i tion requirin particip at e i n a specific employmen t-related program (a) fa i l s to demo nst rate r eason a b le effo r ts to p a rticipate in (b ) cease s, except fo r med ica l reas o ns, to particip at ( 5 ) I f a depe n d ent y outh fails to comply wi th subsec tion a ssistance or ha r d sh ip as sistance p r o v i de d to or for the f presc ribed peri o d . (6 ) The minister ma y amend, s us pend o r can c el an e m (7) A d ecis i on under this secti on (a) requ iring a p e rso n t o enter into an em p l oyment plan, (b) a m e n d i ng, susp endin g or c ancelling an empl oyment (c) s pecifyi n g the con d it ions o f an emplo yment plan i s fi nal a n d c on c lusive and i s not open to review by a court on any (3) [recons ide ration and appeal rights]. Section 9(1) of the EAA provides that, when the Ministry requires, a person must enter into an EP and comply with the co n ditions in the EP in orde r to be e li g ib le for income Mi n i stry has the authority to specify conditions in an EP, including a requirement that the person participate in an employment-related program. Purs u an t t o Secti on 9(4) of person to participate in a sp eci fic employmen t-r elated program, that con demonstrate reasonable effo rt s to p a rticipate in the program or if the person ceases, reasons, to participate in the program . The Min istry 's Pos i t i on The Ministry's positio n is that the appellant entered into an EP dated January 23, 2013 and by s confirmed that he read, understo od and ag re ed to the conditi conditions of the appellant's EP and the requirement to participate with the contractor were provided to the appellant in writing and were also discussed with the appellant d to make sure he understood. The Ministry argued that i t is a complete all tasks assiqned by the contractor and the information establishes that the appellant was aware of � AP PEA L# clude d th at t h e appella nt d id n o t mak e reason able edical reasons f or not participatin g, and t hat, purs u ant t o Secti on 9 of the Employ m ent a nd e or h ardship assi stance, e ach applicant or recipi ent ister, must l an. min iste r, m u s t including, w it h o u t limitation, a con d i tion h to pa r tic ipate in a specif ic employment-re lated e applic ant , rec ipi ent o r de p e ndent y o u t h to g an a p plicant, a re cip ient o r a de pende n t you t h to , tha t condi tion is no t met if th e per so n the p r o gram, o r e in th e p r ogram. (2) , th e min ister m a y red u c e the amount of i ncom e a m ily un it b y t h e prescr ibed amo unt for th e plo y m e n t p lan. plan, or ground or to ap peal u n de r section 17 assi st ance. Under Section 9(3 ) o f the EAA, the t he EAA, if an EP includes a con dit ion r equi r i n g a dition is not met if the person fails to excep t f or m edical igning his EP, o n s specified. T he Ministry a rgue d t ha t the u ring pre v i ou s E Ps with an in te r p r e ter present requirement of the a ppellant's EP that he
�APPEAL# the requirements to participate with the contractor and to report his job searches. This was supported by the cooperation of the appellant with previous EPs which confirmed his awareness of his obligations. The failure of the appellant to report to his contractor during the three-month period beginning in November, 2013, resulted in the decision of the Ministry that the appellant was no longer eligible for income assistance due to non-compliance with his EP. Regarding any possible exemption from the consequences of not meeting employment-related obligations, the Ministry did not receive any documentation that supports an exemption under one of the listed categories. The Appellant's Position The appellant acknowledged that he was aware of his reporting requirements during previous EPs but that commencing in November of 2013, he had a series of personal challenges that resulted in him not reporting to the contractor. Those challenges include his child's operation, his wife's health, a newborn child, a need to help out more at home, loss of his cell phone, practice for his driver's license test, studying English, and his personal stress. The Panel's Decision The panel finds that when the appellant's file was opened on September 15, 2011, an interpreter was present and that he understood the conditions of his first EP that he later signed on September 29, 2011. The appellant did comply with those conditions, which confirms that he did understand those conditions. Further the appellant attended the office on November 8, 2012 with an interpreter, which led to the creation of a second EP. During his second EP the appellant indicated that he understood the importance of complying with the conditions of the EP by making an appointment with the contractor on October 24, 2013, and at that appointment he once again participated for one month. Regarding the third and most recent EP, the appellant attended the Ministry office on March 25, 2014, with an interpreter and the appellant confirmed that he did not have medical issues that would prevent him from participating in the EP. He did state that his wife was ill and that he had small children who required his help but he did not provide any medical evidence to support that he was unable to participate in his employment program. While the appellant stated that his spouse is physically ill and has applied for disability assistance, he acknowledged that he is not required to remain at home to care for her. The panel notes that the appellant has four dependent children but the conditions of the EP in accordance with Section 9 of the EAA state that the consequence for non-compliance with the EP is ineligibility for assistance. In the end the panel finds that despite some limitations in his ability to speak English, the appellant did understand the conditions of his EP and that he did know the consequences for failure to comply. He had complied with two previous EPs which showed that he understood. The legislation requires that the appellant demonstrate reasonable efforts to participate in the program, or to provide a medical reason for ceasing to participate in the program, and the panel finds that the Ministry reasonably concluded, pursuant to Section 9 of the EAA that the requirements have not been met in this case. The panel finds that the Ministry decision was a reasonable application of the applicable enactment in the circumstances of the appellant and confirms the decision.
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