PART C – Decision under Appeal The decision under appeal is the Ministry of Social Development and Social Innovation (Ministry)’s reconsideration decision dated March 3, 2017, finding the Appellant is not eligible to continue to receive income assistance for failing to make reasonable efforts to comply with the conditions of his employment plan in accordance with section 9 of the Employment and Assistance Act (EAA). PART D – Relevant Legislation The relevant legislation is section 9 of the EAA.
PART E – Summary of Facts On September 15, 2015 the appellant entered into an employment plan which required that the appellant attend an employment program, which included meeting with the employment program provider, participating in the program activities, completing assigned tasks and working with his case manager. The EP stated that if the appellant failed to meet its conditions he would be ineligible for income assistance. On October 20, 2015 the appellant submitted a Medical Employability Report indicating that he suffers from carpal tunnel syndrome but that this did not restrict him from participating in employment-related activities such as training. The ministry required the appellant attend employment training by October 27, 2015. On August 15, 2016 a review of the appellant’s file showed that his employment training file had been closed due to non-participation and a hold was placed on his September employment assistance cheque and then on his October cheque pending submission of an employment training action plan. On August 24, 2016 the appellant told the ministry that he did not have a phone or fixed address it was difficult for him to contact his employment training program. He also stated that he understood compliance with his employment training plan was a condition of receiving income assistance and that he would fully comply. On January 18, 2017, the employment program contacted the ministry to inform them that after attending one day of a five-day course the appellant had not been participating in the employment program for 12 weeks. On February 23, 2017, the ministry wrote to the appellant informing him that he was no longer eligible for income assistance as he was not in compliance with his employment plan. In his reconsideration submission the appellant stated: “I have been looking for work but I have a drug problem. That is why I went to my brothers for 2 months to get clean. I am trying to get into a welding trade but don’t start till Aug, 2017.”
PART F – Reasons for Panel Decision The issue under appeal is the Ministry’s finding that the Appellant is not eligible to continue to receive income assistance for failing to make reasonable efforts to comply with the conditions of his employment plan in accordance with sections 9 of the EAA. The relevant legislation is section 9 EAA: Employment plan 9 (1) For a family unit to be eligible for income assistance or hardship assistance, each applicant or recipient in the family unit, when required to do so by the minister, must (a) enter into an employment plan, and (b) comply with the conditions in the employment plan. (2) A dependent youth, when required to do so by the minister, must (a) enter into an employment plan, and (b) comply with the conditions in the employment plan. (3) The minister may specify the conditions in an employment plan including, without limitation, a condition requiring the applicant, recipient or dependent youth to participate in a specific employment-related program that, in the minister's opinion, will assist the applicant, recipient or dependent youth to (a) find employment, or (b) become more employable. (4) If an employment plan includes a condition requiring an applicant, a recipient or a dependent youth to participate in a specific employment-related program, that condition is not met if the person (a) fails to demonstrate reasonable efforts to participate in the program, or (b) ceases, except for medical reasons, to participate in the program. (5) If a dependent youth fails to comply with subsection (2), the minister may reduce the amount of income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period. (6) The minister may amend, suspend or cancel an employment plan. (7) A decision under this section (a) requiring a person to enter into an employment plan, (b) amending, suspending or cancelling an employment plan, or (c) specifying the conditions of an employment plan is final and conclusive and is not open to review by a court on any ground or to appeal under section 17 (3) [reconsideration and appeal rights]. In his appeal submission the appellant states: “I have been trying to get myself off drugs and get my life together and I am willing to find work and take trade.” At the appeal hearing the appellant stated that he had not attended his employment program because he had gone to stay with his brother to “get clean”. He also stated that he felt the employment programs offered were not teaching him the skills that he needed such as computer skills. He acknowledged that he understood the terms of his employment plan. The ministry stated that the appellant has failed to comply with his employment plan on a number of occasions. He is aware of the consequences of not complying with his employment plan but nevertheless did not attend the employment program as required by his employment plan. In these circumstances the legislation states that the appellant is no longer eligible to receive income assistance.
The appellant completed and signed his employment plan. The ministry explained to the appellant his responsibilities under the plan and the consequences of not complying with it on numerous occasions. The appellant indicated to the ministry that he understood his responsibilities on numerous occasions, including his responsibilities to attend an employment program, which included meeting with the employment program provider, participating in the program activities, completing assigned tasks and working with his case manager. Section 9(1) of the EAA states that a recipient is not eligible for income assistance if they do not comply with the terms of their employment plan. Section 9(4) of the EAA states that a recipient is not in compliance with the terms of their employment plan if the recipient “fails to demonstrate reasonable efforts to participate in the program”. The appellant states that he went to his brothers to “get clean” and so could not attend his employment program. The ministry argues that it was the appellant’s responsibility to make reasonable efforts to participate in his employment program, that consistently not attending his employment program does not constitute “reasonable efforts” and that, at the very least, the appellant should have attempted to make arrangements with the ministry to focus on his addiction issues before not complying with his employment plan. Therefore, the appellant did not make reasonable efforts to attend his employment program and so was not in compliance with his employment plan. The panel finds that the ministry’s decision that the appellant did not make reasonable efforts to comply with his employment was reasonable as the appellant has consistently failed to attend his employment training, has been made aware by the ministry of the consequences of not complying with his employment plan and has acknowledged the consequences of not complying with his employment plan on a number of occasions. Accordingly, the Panel finds that the ministry’s decision that the appellant is no longer eligible for income assistance due to non-compliance with his employment plan for failure to make reasonable efforts to attend his employment program was a reasonable application of the relevant legislation and confirms the ministry’s decision.
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.