PART C-Decis i on under Appeal The decision unde r app e al is the Mi nistry's re consi d held that the Appella nt was in eligible f or d isabili ty assistanc a nd As si s t a nce fo r P e rsons with Disabilities A c t because the Ap sources of income. It was the Minister's opinio n that the Appellant to be partly independent of d isability a CP P, the Appellant failed to pursue available income. Th Appellant will remain in eligib l e under Section 27 of the Employmen Disabilities Regula tion until she comp l ies wit h th e M Plan income . PART D -Releva nt Le gisla tio n Em p loym e nt and Assista nce for Perso n s with Di sabil Employme n t and Assista nce for Pers on s with Di sa bilit EAAT 003(10/06/01) I AP P EAL#' eration d ec ision d a te d October 6, 2 014, w hic h e under S e c t ion 13 of th e E mployment pe l lant failed to pu rsue all av ail ab l e Ca nada Pe n sio n P la n ( CP P) inc o me w ould allo w s si st a n ce and by withdr a win g the application for e reconsideration decision held th at the t and As sistance for Persons with i n i stry's request to a ppl y for Canada Pension i ties Act ( EAPWDA ) Section 1 3(1) and the ies Regu l at ion (EAPW DR) S e cti on 27.
I APPEAL# PART E -Summary of Facts The evidence before the Minister at reconsideration consisted of the following: • A letter from the Ministry to the Appellant, dated January 23, 2014, stating that the February assistance cheque would be held at the Ministry office until the early Canada Pension Plan (CPPE) application was received. A decision on eligibility would be determined once all of the documentation was reviewed. • A hand-written note from the Appellant, dated February 12, stating that the Appellant decided to withdraw the application for early CPP. The Appellant states that she understands that the amount of the CPP will be withdrawn from the disability benefits. The letter also states that the Appellant is making efforts to get off disability and that she hopes to make contributions to her CPP in the future. • The Employment and Assistance Request for Reconsideration Section 1 and 2, dated August 26, 2014, detailing that the Ministry mailed the Early Canada Pension Plan application package on November 5, 2013 and noted that the Appellant's January cheque would be held at the Ministry office until the application was completed. On January 6 th , the application package had been completed, but original documents had not yet been submitted to the Ministry's Provincial Services Contact Centre (PSCC-CPP), although the original documents had been mailed to Service Canada, the Ministry requested that verification that Service Canada received the documents be faxed to PSCC-CPP. On January 23 rd , after a review of the CPPE application, the Ministry service worker released the February cheque to the Appellant, but held the March cheque until the original documents (which the Appellant said were at her home) were submitted to the Ministry and the application package was received by PSCC-CPP. On March 11 th , a Ministry worker advised the Appellant that the April cheque would also be held until the CPPE application was received by the Ministry. On March 20 th , the Ministry notes that they received a letter from the Appellant stating that she wished to withdraw the CPPE application. On April 16 th , the file was closed because the Appellant had not responded to the Ministry signals f o r the CPPE documents. Because the Appellant did not supply the requested documents and withdrew the CPPE application, the Appellant was therefore ineligible for Assistance. • An Employment and Assistance Request for Reconsideration Section 3, dated September 1 g t \ containing a paragraph by the Appellant requesting reconsideration because the Appellant requires help with debt and asking that assistance be retroactivity reinstated for compassionate reasons because written notice of the decision was not received until August 26. The Appellant notes that she is disabled and looking for another means of income. The amount that the Appellant would have received from CPP is greater than the amount that the Appellant received from disability assistance and therefore CPP seems redundant. • The notice of appeal, dated October 1? 1h , containing a hand-written paragraph by the Appellant stating that the Appellant was aware of the denial of assistance on August 21 and that the last assistance cheque was received in February 2014. The Appellant submitted additional information to the Employment and Assistance Appeal Tribunal after the submission deadline for the hearing. The panel chair did not accept the late submission as the additional information only confirmed that the CPP application documents were not submitted, a fact that is not in dispute, and is the reason for the denial of assistance, the issue under appeal. As such, there is no impact to not accepting the late submission and acceptance of the late submission would cause unreasonable delay. The panel chair also noted no reasons were provided for the lateness of the submission. EAAT 003(10/06/01)
Th e p a nel finds that th e A p pellant di d n o t pu r sue income ava P e n sion appl icat i o n , within t he tim e fra me o u tli ned b Appellant. The panel also finds t ha t the Appella nt did n Canada P en sion income an d ult i m ately w ithd r e w t he th e February 1 i h note written by th e Appellant c onfirm that th was w ithdrawn by t he A ppellant. The Appella n t st ate requested r ec o nsideratio n for compassion ate r easo EAAT 003(10/06/01) I A PPE A L# i la b l e, specifically t he early Cana da y th e Ministry in t hei r c ommu n icat i ons w i th t he ot fully c o m p lete t he application fo r the early app lication. Both the Min istr y documents and e ap pli cation was not co mpleted an d s that t he a pplication seems redundant an d ns and to p ay dow n deb t.
I APPEAL# PART F -Reasons for Panel Decision The issue is whether the Ministry's reconsideration decision that the Appellant was ineligible for disability assistance because the Appellant failed to pursue all available sources of income is reasonably supported by the evidence or a reasonable application of the applicable legislation in the circumstances of the Appellant. The legislation provides the following: Employment and Assistance for Persons with Disabilities Act (EAPWDA) Section 13 13 (1) The minister may take action under subsection (3) if, within 2 years before the date of application f o r disability assistance or hardship assistance or at any time while disability assistance or hardship assistance is being provided, an applicant or a recipient has done either of the following: (a) failed to accept or pursue income, assets or other means of support that would, in the minister's opinion, enable the applicant or recipient to be completely or partly independent of disability assistance, hardship assistance or supplements; (b) disposed of real or personal property for consideration that, in the minister's opinion, is inadequate. (2) A family unit is not eligible for disability assistance for the prescribed period if, within 2 years before the date of application for disability assistance or hardship assistance or at any time while disability assistance or hardship assistance is being provided, an applicant or a recipient has disposed of real or personal property to reduce assets. (3) In circumstances described in subsection (1 ), the minister may (a) reduce the amount of disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period, or (b) declare the family unit of the person ineligible for disability assistance or hardship assistance for the prescribed period. Employment and Assistance for Persons with Disabilities Regulation (EAPWDR) Section 27 27 (1) For the purposes of section 13 (3) (a) [consequences of not accepting or disposing of property] of the Act in relation to a failure to accept or pursue income, assets or other means of support referred to in section 13 (1) (a) of the Act, the amount of a reduction is $100 for each calendar month f o r each applicant or recipient in the family unit and the period of the reduction is (a) if the income, assets or other means of support are still available, until the failure is remedied, and (b) if the income, assets or other means of support are no longer available, for one calendar month for each $2 000 of the value of the forgone income, assets or other means of support. (2) For a family unit that is declared ineligible under section 13 (3) (b) of the Act for disability assistance or hardship assistance because an applicant or recipient in the family unit failed to accept or pursue income, assets or other means of support referred to in section 13 (1) (a) of the Act, the period of ineligibility is, (a) if the income, assets or other means of support are still available when the declaration is made, until the failure is remedied, and (b) if the income, assets or other means of support are no longer available when the declaration is made, one calendar month for each $2 000 of the value of the forgone income, assets or other means of support. (3) For the purposes of section 13 (3) (a) of the Act in relation to the family unit of an applicant or EAAT 003(10/06/01)
r e c i p i e n t w h o h a s d i s p o s e d o f r e a l o r p e r s o n a l p r o p o p i n i o n , i s i n a d e q u a t e , ( a ) t h e a m o u n t o f t h e r e d u c t i o n i s $ 1 0 0 f o r e a c h c a l f a m i l y u n i t , a n d ( b ) t h e p e r i o d o f t h e r e d u c t i o n i s o n e c a l e n d a r m o n t c o n s i d e r a t i o n . ( 4 ) F o r t h e p u r p o s e s o f s e c t i o n 1 3 ( 3 ) ( b ) o f t h e A c r e c i p i e n t w h o h a s d i s p o s e d o f r e a l o r p e r s o n a l p r o p o p i n i o n , i s i n a d e q u a t e , t h e p e r i o d o f t h e i n e l i g i b i l i t y v a l u e o f t h e f o r g o n e c o n s i d e r a t i o n . ( 5 ) F o r t h e p u r p o s e s o f s e c t i o n 1 3 ( 2 ) o f t h e A c t , t h e e a c h $ 2 0 0 0 o f t h e v a l u e o f t h e r e a l o r p e r s o n a l p r o T h e M i n i s t r y a r g u e s t h a t t h e A p p e l l a n t i s i n e l i g i b l e f o p u r s u e a l l a v a i l a b l e s o u r c e s o f i n c o m e , s p e c i f i c a l l y s u b m i t t i n g a n e a r l y C a n a d a P e n s i o n P l a n ( C P P E ) a P e n s i o n P l a n i n c o m e w o u l d e n a b l e t h e A p p e l l a n t t o a s s i s t a n c e . W h e n t h e A p p e l l a n t w i t h d r e w h e r a p p l i c T h e A p p e l l a n t a r g u e s t h a t s h e n e e d s t e m p o r a r y r e c a n d s h e r e q u e s t s t h a t h e r a s s i s t a n c e b e r e t r o a c t i v e d i s a b l e d a n d t r y i n g t o f i n d a n o t h e r m e a n s o f i n c o m e w o u l d h a v e r e c e i v e d f r o m C a n a d a P e n s i o n P l a n i s t h e r e f o r e t h e a p p l i c a t i o n s e e m s r e d u n d a n t . T h e A p p a p p l i c a t i o n b e c a u s e s h e u n d e r s t a n d s t h a t t h e a m o u a n d b e c a u s e s h e i s m a k i n g e f f o r t s t o g e t o f f o f d i s a b c o n t r i b u t i o n s i n t h e f u t u r e . T h e p a n e l f i n d s t h a t t h e M i n i s t ry ' s d e t e r m i n a t i o n u n A p p e l l a n t f a i l e d t o a c c e p t o r p u r s u e i n c o m e s o t h a t i n d e p e n d e n t o f d i s a b i l i t y a s s i s t a n c e w a s r e a s o n a b l e f o u n d t h a t t h e A p p e l l a n t w a s g i v e n m u l t i p l e n o t i c e s w o r k e r s a s w e l l a s b y m a i l , c l e a r l y s t a t i n g t h e c o n s e a p p l i c a t i o n , i n c l u d i n g o r i g i n a l d o c u m e n t s . T h e A p p e l i k e t o w i t h d r a w t h e C P P E a p p l i c a t i o n . T h e r e f o r e , t h i n c o m e a n d t h a t t h e M i n i s t r y ' s d e t e r m i n a t i o n w a s r e T h e p a n e l f u r t h e r f i n d s t h a t t h e M i n i s t r y ' s d e t e r m i n a A p p e l l a n t i s t h e r e f o r e i n e l i g i b l e f o r d i s a b i l i t y a s s i s t a n t h e c i r c u m s t a n c e s o f t h e A p p e l l a n t . A l t h o u g h t h e A p C P P E a p p l i c a t i o n , t h e p a n e l f i n d s t h a t b e c a u s e t h e d e t e r m i n a t i o n t h a t t h e A p p e l l a n t w a s i n e l i g i b l e f o r d r e a s o n a b l e . F i n a l l y , t h e p a n e l f i n d s t h a t t h e M i n i s t ry ' s d e t e r m i n a t h e A p p e l l a n t f a i l e d t o p u r s u e i n c o m e , a n d t h e i n c o m p e r i o d o f i n e l i o i b i l i t y p e r s i s t s u n t i l t h e f a i l u r e i s r e m e EAA T 0 0 3 ( 1 0 / 0 6 / 0 1 )I A P P E A L # e r t y f o r c o n s i d e r a t i o n t h a t , i n t h e m i n i s t e r ' s e n d a r m o n t h f o r e a c h a p p l i c a n t o r r e c i p i e n t i n t h e h f o r e a c h $ 2 0 0 0 o f t h e v a l u e o f t h e f o r g o n e t i n r e l a t i o n t o t h e f a m i l y u n i t o f a n a p p l i c a n t o r e r t y f o r c o n s i d e r a t i o n t h a t , i n t h e m i n i s t e r ' s i s o n e c a l e n d a r m o n t h f o r e a c h $ 2 0 0 0 o f t h e p e r i o d o f i n e l i g i b i l i t y i s 2 c a l e n d a r m o n t h s f o r p e r t y t h a t w a s d i s p o s e d o f t o r e d u c e a s s e t s . r d i s a b i l i t y a s s i s t a n c e b e c a u s e s h e f a i l e d t o t h e A p p e l l a n t f a i l e d t o p u r s u e i n c o m e b y p p l i c a t i o n . T h e M i n i s t r y a r g u e s t h a t C a n a d a b e a t l e a s t p a r t l y i n d e p e n d e n t o f d i s a b i l i t y a t i o n f o r C P P E , s h e w a s f a i l i n g t o p u r s u e i n c o m e . o n s i d e r a t i o n b e c a u s e s h e n e e d s h e l p w i t h d e b t s , l y r e i n s t a t e d f o r c o m p a s s i o n a t e r e a s o n s . S h e i s . 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 a m o u n t s h e g r e a t e r t h a n h e r d i s a b i l i t y a s s i s t a n c e a n d e l l a n t a r g u e s t h a t s h e w i t h d r e w h e r C P P E n t w i l l b e d e d u c t e d f r o m h e r d i s a b i l i t y b e n e f i t s i l i t y a s s i s t a n c e a n d h o p e s t o m a k e p e n s i o n p l a n d e r S e c t i o n 1 3 ( 1 ) o f t h e E A P W D A t h a t t h e t h e A p p e l l a n t c a n b e c o m p l e t e l y o r p a r t l y i n t h e c i r c u m s t a n c e s o f t h e a p p e l l a n t . T h e p a n e l o v e r s e v e r a l m o n t h s , i n p e r s o n f r o m t h e M i n i s t r y q u e n c e s o f f a i l u r e t o s u b m i t t h e C P P E l l a n t ' s F e b r u a r y 1 i h l e t t e r s t a t e s t h a t s h e w o u l d e p a n e l f i n d s t h a t t h e A p p e l l a n t d i d f a i l t o p u r s u e a s o n a b l e . t i o n u n d e r S e c t i o n 1 3 ( 3 ) o f t h e E A P W D A t h a t t h e c e f o r t h e p r e s c r i b e d p e r i o d w a s r e a s o n a b l e i n p e l l a n t g i v e s r e a s o n s f o r t h e w i t h d r a w ! o f t h e A p p e l l a n t w i t h d r e w t h e a p p l i c a t i o n , t h e M i n i s t r y ' s i s a b i l i t y a s s i s t a n c e f o r t h e p r e s c r i b e d p e r i o d w a s t i o n u n d e r S e c t i o n 2 7 ( 1 ) o f t h e E A P W D R t h a t i f e i s s t i l l a v a i l a b l e t o t h e A p p e l l a n t , t h a t t h e d i e d w a s a l s o r e a s o n a b l e i n t h e c i r c u m s t a n c e o f
I APPEAL# the Appellant. The panel finds that there is no evidence to suggest that the Appellant is no longer eligible for CPPE income and therefore finds that the Ministry was reasonable in finding the Appellant ineligible for disability assistance until the complete CPPE application is submitted. The panel confirms the Ministry's decision. EAAT 003(10/06/01)
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