PART C -Decision under Appeal The decision under appeal is the Ministry of Social Development and Social Innovation (the ministry) August 1, 2014 reconsideration decision denying the appellant's request for a crisis supplement for utilities, because she does not meet the legislative criterion of section 57(1 )(a) of the Employment and Assistance for Persons with Disabilities Regulation (EAPWDR) as the item requested is not unexpectedly needed or an unexpected expense. [The date of the reconsideration decision is mistakenly entered as July 1, 2014 but from the context and from the entry "On August 1, 2014 the ministry completed its review of your Request for Reconsideration" it is clear that the date of the reconsideration decision is August 1, 2014] PART D -Relevant Legislation Employment and Assistance for Persons with Disabilities Regulation (EAPWDR) section 57. EM T003(10/06/01)
PART E -Summary of Facts The information before the ministry at reconsideration included the following: From ministry files: • On July 3, 2014 the appellant attended the local ministry office and advised that her hydro had been disconnected. The ministry worker called BC Hydro and was informed that on this day the appellant owed $1258.48 plus a reconnection fee of $131.25. • The appellant stated that she had previously dropped off a hydro disconnection notice, however there is no indication of this in her file. • The appellant submitted a bill dated May 9, 2013 from the appellant's previous account, outlining a past due balance of $372.78. • This bill was from over a year ago, the balance is $0 and the account is closed. • Due to this ambiguous information the ministry contacted BC Hydro and was informed of the following: o The appellant's previous account was closed in December 2013 and there was an outstanding balance of $216 that was transferred to the appellant's new account when she moved to her current address. o The appellant was set up with an Equal Payments Plan (EPP) of $66 per month to which the ministry has been sending direct payments monthly on the appellant's behalf. The amount of the EPP is calculated based on the previous resident's usage. o The average usage of the appellant's family unit is $175 per month. Therefore $91 is being carried over each month as unpaid and outstanding plus the $216 from her previous address that has not been paid. o Based on the outstanding balance of the appellant's account, her EPP was automatically cancelled in May 2014; therefore the accumulation of her usage became due at this time. o BC Hydro confirmed that the appellant is an online customer; therefore the appellant is emailed her monthly bill with her usage summary. o On June 4, 2014 the appellant was sent a final disconnection notice via mail. o On June 5, 2014, she was sent another final disconnection notice via email. o On July 1, 2014 she was contacted via telephone to inform her of a 24 hour notice to disconnect. o Her BC Hydro services were disconnected on July 3, 2014. o According to BC Hydro the appellant's balance of August 1, 2014 is $1112.07 plus $131.25 reconnection fee. Besides the monthly $66 the ministry pays directly on the appellant's behalf, the appellant paid $144 on July 23, 2014. A BC Hydro bill dated May 9, 2013, issued the appellant's previous address. It states that • $372.78 are past due; • a payment of $229.20 was received on April 24, 2013. With her request for reconsideration dated July 17, 2014 the appellant submitted a letter stating that • She got a hydro bill for almost $245 from her old address and took it to the ministry and made an appointment to come back. • She can't remember the date of this appointment but she does remember that it was at 1 pm. EAAT 003( 10/06/01)
• At this appointment the ministry worker took the hydro bill and said it was not a disconnection notice. • When she got a second notice she ignored it because she had been at the ministry office not long ago. • When she got up on July 3, 2014, she had no hydro. • She called a 1-800 number and talked to the ministry. • The appellant was taken to the ministry office by a health nurse [originally the appellant had only given a first name, but at the hearing the appellant clarified that this person was a health nurse]. They spoke with a ministry worker who went through everything explaining it and she explained what the package was and the appellant said okay. • She gave them the hydro bill of just over $244. • The appellant stated that the office worker said she would deal with it and let her know. • The next day she had no phone because her battery had died. • She went to her sister's shop to call the ministry and found out she had been denied. • According to the appellant the ministry worker said "she could send out some kind of package". The appellant said no, that would not help her now. • Later the appellant went to the ministry office together with the health nurse [originally the appellant had only given the same first name as above, but at the hearing the appellant clarified that this person was the health nurse], got everything explained and said okay. The ministry worker told her the package would be ready for pick-up on July 10 1h . • She called BC Hydro again and was told that the amount owing was not $245 but over $1200 plus $130 reconnection. • That was the first time the appellant knew anything other than the $245. • BC Hydro told her that if a ministry worker called and made the arrangements her hydro would be reconnected. So far hydro has not been reconnected. • She has never received anything from hydro concerning her current account number. • She doesn't do any bills through email. • When she called hydro on July 9, 2014, using someone else's phone, she requested everything they sent her since October 15, 2013, that is when she took possession of her current place and when hydro was hooked up there. She was told they don't send out the same thing twice. She was told a supervisor would call her but no supervisor called. • When her sister talked to them on July 1 0 she was told to expect copies of everything in around 1 0 business days. • The appellant had the ministry change hydro from $66 to $144. An undated letter from a friend stating that • He has been staying with the appellant since January 6 th• • He stayed over from 1 0pm to 3pm from January 6 to May 22. • He was always sitting on the couch by the door so he always got the mail for the appellant every time. • Not once during his stay has he given a hydro letter to the appellant. • The appellant has not received that letter. • He has a good memory and he guarantees the appellant has not received this letter. The appellant's Notice of Appeal dated August 11, 2014 (received on August 12, 2014). EM T003(10/06/01)
At the hear ing th e a p pe llant submitted 2 docum e nts: 1) Dup licate Invoices from BC Hydro d ated July 14 8, 2014 to May 9, 20 14. The Ma y 9, 20 1 4 b ill cancelled wi th a p l an balance of $97 7. 90. $ 1 2 ) An unda ted doc tor ' s le tter sta ting that the a ppellant diagno s e d with Major Depressive Disorder an The ministry did not object t o i te ms 1) a nd 2) being admitted as evidence At the hea ring t he app e l lan t s t ated that s he f orgets things. S notic e. Whe n BC H y dro se t up her current ac count email. She has no computer , s he had no internet for go to the li br ar y t o use their compute r. She h as a n em cannot rem e m ber the password . Her hy dro is still d i dis co nne c tion notice via tex t mess a ge from B C Hy d Th e mini st ry r e l ie d on i t s rec ons iderat i o n decisi on and t h e mi n i str y to make a pay ment t o B C H y dro on th e o ff date for the app e l lan t t o make the arra ngem ent with the minis The $144 paymen t to BC Hydro on J uly 2 3, 2014 appe The ministry s ta t e d f urthe r tha t i t is unlike ly that a disconnection present ed -and t his hap pe ns f req ue ntly a re d fla g d igital cop y mad e. Pu rsu ant t o sectio n 22(4) of the Emplo y me n t and Ass Dup l ic a te Invoi c es and th e a pp ellant's testimo n y a s b efor e th e min is try at re c o nside ration . Th e D uplic at e provide additiona l details and background regarding the for h ydr o. The panel d oes not ad m it the doc t or's letter because it is not in support of that was befo r e t he mini stry at re cons ide r ation; th e re was before the ministry at reconsideration. EAAT 003(10/06/01) , 2014. T he se incl ude the bills from November s ta tes th at the equal payment p la n of $66 w as 390.48 are pas t due . is under h i s care since 2012. She is d Panic D iso rder an d Agoraph obia. . he never received a disconnection s h e r eque sted to g et her bills i n the m ail, not via mont hs , her son has no com put er, she cann o t ail acc ount but d oesn't use it any m ore. S h e s co n necte d . On Friday Jun e 2? 1h she receiv ed a ro. a dd ed t he foll owing information: In ord er for appel lant's beha l f on Ju ly 23, 20 14 the likely cut t ry wou l d have b ee n Ju ly 18, 2 014. ars to be the re sult of t h is a rra ng emen t. notice is lost ; w he ne ver it is is i mmedia t e ly a ttach ed t o t he cli e nt's file a nd a istan ce Act the pan el a dmits BC Hydro 's be ing in sup por t o f the i n for mation that w as In v oice s a n d the a ppe lla n t's or al st a tements ap pell an t 's request fo r a c r is i s su p plement th e in f o rmation n o inform ation on the doctor's d ia gn o ses
PART F -Reasons for Panel Decision The issue under appeal is whether it was reasonable of the ministry to deny the appellant's request for a crisis supplement for utilities in accordance with section 57(1)(a) of the EAPWDR; specifically, did the ministry reasonably determine that the need to pay for hydro was not unexpected? The following section of the EAR applies to this appeal: Crisis supplement 5 7 (1) The minister may provide a crisis supplement to or for a family unit that is eligible for disability assistance or hardship assistance if (a) the family unit or a person in the family unit requires the supplement to meet an unexpected expense or obtain an item unexpectedly needed and is unable to meet the expense or obtain the item because there are no resources available to the family unit, and (b) the minister considers that failure to meet the expense or obtain the item will result in (i) imminent danger to the physical health of any person in the family unit, , .. (2) A crisis supplement may be provided only for the calendar month in which the application or request for the supplement is made .... (4) A crisis supplement provided for food, shelter or clothing is subject to the following limitations: ... (b) if for shelter, the maximum amount that may be provided in a calendar month is the smaller of (i) the family unit's actual shelter cost, and (ii) the maximum set out in section 4 of Schedule A or Table 2 of Schedule D, as applicable, for a family unit that matches the family unit; .. , (5) The cumulative amount of crisis supplements that may be provided to or for a family unit in a year must not exceed the amount calculated under subsection (6). (6) In the calendar month in which the application or request for the supplement is made, the amount under subsection (5) is calculated by multiplying by 2 the maximum amount of disability assistance or hardship assistance that may be provided for the month under Schedule A or Schedule D to a family unit that matches the family unit. (7) Despite subsection (4) (b) or (5) or both, a crisis supplement may be provided to or for a family unit for the following: (d) hydro. EM T003(10/06/01)
U n e x p e c t e d e x p e n s e o r o b t a i n a n i t e m u n e x p e c t e d T h e a p p e l l a n t a r g u e s t h a t t h e d i s c o n n e c t i o n o f h e r h t h a t t h e r e w a s a n y o u t s t a n d i n g a m o u n t o n h e r h y d r o i n f o r m a t i o n f r o m B C H y d r o , a n d s h e n e v e r r e c e i v e d b i l l s t h r o u g h e m a i l , a n d h a s n o t r e c e i v e d a n y m a i l f r g o t t e n a n y n o t i c e s f r o m B C H y d r o s h e w o u l d h a v e d s o m e t h i n g s h e d o e s n ' t k n o w . T h e m i n i s t r y a r g u e s t h a t B C H y d r o s e r v i c e s a r e n o t u n e x p e c t e d l y n e e d e d ; t h e y a r e a n o n g o i n g e x p e n s e i f t h e o u t s t a n d i n g b a l a n c e f r o m a p r e v i o u s a d d r e s s o u t s t a n d i n g b a l a n c e i f t h e a p p e l l a n t u s e s m o r e t h a n a p p e l l a n t h a d a g r e e d t o b e n o t i f i e d o f h e r b i l l v i a e m b r e a k d o w n o f h e r u s a g e s h e w a s a l s o s e n t m u l t i p i n d i c a t i n g t h a t s h e h a s a n o u t s t a n d i n g b a l a n c e w h i c A s a n o n l i n e c u s t o m e r t h e a p p e l l a n t w o u l d h a v e b e e o v e r u s a g e o f t h e a m o u n t o n h e r E P P . I f t h e a p p e l l a u n e x p e c t e d t h a t s h e h a s a n o u t s t a n d i n g b a l a n c e o f n e i t h e r r e c e i v e s b i l l s v i a e m a i l n o r t h r o u g h p h y s i c a l p r o v i d e s . P a n e l D e c i s i o n T h e p a n e l f i n d s t h e r e i s c o n f l i c t i n g e v i d e n c e o n w h e s e n t v i a e m a i l o r p h y s i c a l m a i l . T h e a p p e l l a n t c l a i m s b e c a u s e s h e h a d r e q u e s t e d t h e m t o b e s e n t b y p h y s t h e p h y s i c a l m a i l s h e h a d n o k n o w l e d g e o f a n y o u t s t h a t t h e r e a r e i n c o n s i s t e n c i e s i n h e r s t a t e m e n y s , a n g r e a t e r w e i g h t t o t h e m i n i s t r y ' s e v i d e n c e , s p e c i f i c a l l y H y d r o . T h i s r e c o r d i n d i c a t e s t h a t t h e a p p e l l a n t w a s a e m a i l , a n d t h a t B C H y d r o i s s u e d n o t i f i c a t i o n s v i a p h a p p e l l a n t t h a t a s a r e s u l t o f h e r o u t s t a n d i n g b a l a n c e F o r t h e s e r e a s o n s t h e p a n e l f i n d s t h e m i n i s t r y w a s r d u e h y d r o a m o u n t a n d s u b s e q u e n t d i s c o n n e c t i o n w E A R ; t h e m i n i s t r y ' s d e c i s i o n w a s a r e a s o n a b l e a p p l i t h e a p p e l l a n t i n d e n y i n g t h e a p p e l l a n t ' s r e q u e s t f o r a d e c i s i o n i s c o n f i r m e d . E M 1 0 0 3 ( 1 0 / 0 6 / 0 1 )l y n e e d e d : y d r o w a s u n e x p e c t e d : s h e h a d n o k n o w l e d g e b i l l b e c a u s e s h e h a s n e v e r r e c e i v e d a n y a d i s c o n n e c t i o n n o t i c e . S h e d o e s n o t p a y a n y o m B C H y d r o b e f o r e M a y 2 2 , 2 0 1 4 . H a d s h e e a l t w i t h i t i m m e d i a t e l y . S h e c a n n o t d e a l w i t h a n u n e x p e c t e d e x p e n s e o r a n i t e m t h a t i s . I t i s n o t u n e x p e c t e d t o h a v e a p a s t d u e b a l a n c e w a s n o t p a i d ; i t i s a l s o n o t u n e x p e c t e d t o h a v e a n t h e u s a g e t h a t i s s e t o u t i n h e r E P P . T h e a i l u s i n g a n o n l i n e a c c o u n t w h i c h p r o v i d e s a l e n o t i f i c a t i o n s v i a p h o n e , e m a i l a n d p h y s i c a l m a i l h i s r e s u l t i n g i n d i s c o n n e c t i o n . n i n f o r m e d o n l i n e o f t h e p a s t d u e b a l a n c e a n d n t d o e s n o t c h o o s e t o v i e w h e r a c c o u n t i t i s n o t o v e r u s a g e . W h i l e t h e a p p e l l a n t s t a t e s t h a t s h e m a i l t h e s e a r e t h e o n l y 2 o p t i o n s B C H y d r o t h e r t h e a p p e l l a n t r e q u e s t e d h e r h y d r o b i l l s t o b e t h a t s h e d o e s n o t r e c e i v e h e r b i l l s v i a e m a i l i c a l m a i l ; a s s h e d i d n o t r e c e i v e a n y h y d r o b i l l s i n t a n d i n g h y d r o b a l a n c e . H o w e v e r , t h e p a n e l f i n d s d g i v e n t h e s e i n c o n s i s t e n c i e s t h e p a n e l g i v e s i t s r e c o r d o f a p h o n e c o n v e r s a t i o n w i t h B C n o n l i n e c u s t o m e r a n d r e c e i v e d h e r b i l l s v i a o n e , e m a i l a n d p h y s i c a l m a i l i n f o r m i n g t h e h e r h y d r o w o u l d b e d i s c o n n e c t e d . e a s o n a b l e i n d e t e r m i n i n g t h a t t h e a p p e l l a n t ' s p a s t a s n o t u n e x p e c t e d p u r s u a n t t o s e c t i o n 5 7 ( 1 ) ( a ) c a t i o n o f t h e l e g i s l a t i o n i n t h e c i r c u m s t a n c e s o f c r i s i s s u p p l e m e n t f o r u t i l i t i e s . T h e m i n i s t r y ' s
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.