Frequently Asked Questions

The Social Services Appeal Board is an independent group that reviews decisions made by Manitoba Family Services and Labour (FSL). The board members are not government employees. They are appointed by the Lieutenant-Governor to ensure decisions are fair and that appeal hearings are also fair. The board is made up of 15 community members representing Manitobans from a variety of backgrounds. Three of the members will be at your appeal hearing, and one of these persons will chair it. The Social Services Appeal Board hears appeals about:

• Employment and Income Assistance
• Adoption Agency Licensing
• Child Care Subsidies
• Child Care Licensing
• 55-PLUS: A Manitoba Income Supplement, Junior Component
• Manitoba Prenatal Benefit
• Residential Care Licensing
• the marketAbilities Program (eligibility)
• Vulnerable Persons Living with a Mental Disability Program (eligibility)

Filing an Appeal

You have 30 days to file an appeal after a department decision. The board has the authority to extend the time limit for filing an appeal. You can either fill out a Notice of Appeal form or write a letter to the appeal board. Your appeal can be faxed, mailed or delivered to the office. You must include the decision you wish to appeal.

The Appeal Process

Once the appeal board receives your appeal, the board will send you and the appropriate division of FSL a Notice of Hearing with the date, time and place of your hearing. In Winnipeg, most hearings are held in the boardroom at the Appeal Board office. If you live outside Winnipeg, the hearings may be held in provincial buildings, municipal offices or other locations. In some cases, the board may arrange a hearing by teleconference or other means if you are unable to travel. The department will write a response to your appeal after it is filed with the board. The board will make this report available to you before the hearing.

The Hearing

The hearing is informal and every effort is made to make you feel at ease.

Social Services Appeal Board staff cannot act on your behalf during a hearing. A friend or relative may attend for support and may speak at the hearing. You may also have a lawyer or another person attend the hearing to help you. All hearings are open to the public, unless you request otherwise. FSL will submit a written report to the board, responding to the issues raised in your appeal notice. You can also bring documents to support your position at the hearing. If you have material to present, you may ask board staff to photocopy it before the hearing, so everyone has a copy.

All information about your appeal will be reviewed during the hearing. You will be given every opportunity to present your case. Representatives from FSL will also be allowed to comment on their written response to your appeal and the information you present.

Both sides will be allowed to ask questions once the presentations are finished. The board members may also ask questions. If there is a witness who has information about the appeal but does not want to attend, the board can summon this person to testify or provide specific information at the hearing. This helps ensure a fair decision.

The Appeal Process

Once the appeal board receives your appeal, the board will send you and the department a Notice of Hearing with the date, time and place of your appeal hearing. In Winnipeg, most hearings are held in the boardroom at the appeal board's office. If you live outside of Winnipeg, the hearings may be held in provincial buildings, municipal offices or another location. In some cases, the board may arrange a hearing by teleconference or other means if you are unable to travel. The department will write a response to your appeal after it is filed with the appeal board. The board will make this report available to you before the hearing.

The Decision

The board may, by written order, confirm, change or overturn FSL's order or decision. The board will send you a copy of the official order, outlining its decision. This will usually be sent within a week to 15 days after the hearing.

The Hearing

The hearing is informal and every effort is made to make you feel at ease.

Social Services Appeal Board staff cannot act on your behalf during an appeal hearing. You may have a lawyer or another person attend the hearing to help you. A friend or relative may also attend for support and may speak at the hearing if s/he wishes.

All hearings are open to the public, unless you request that it be closed.

The department will submit to the board a written report in response to the issue raised in your appeal notice. You may also wish to bring documents to support your position at the hearing. If you have any material you wish to present, you may ask board staff to photocopy it before the hearing, so everyone has a copy.

All information about your appeal will be reviewed during the hearing. You will be given every opportunity to present your case. Representatives from the department will also be allowed to comment on their written response to your appeal and the information you present.

Both you and the program's representatives will be allowed to ask questions once both presentations are finished. The appeal board members may also ask questions to clarify essential facts. In situations where there is a witness who has information relevant to the appeal but will not voluntarily provide the appeal board with this information, the board can summon this person to testify, or provide specific documents, at the hearing. This helps ensure a fair decision that is in keeping with income assistance legislation.

The Decision

The appeal board makes its decision to allow or dismiss your appeal soon after the hearing. If the appeal is allowed, you will have won your case. If it is dismissed, it means the board believes you have been treated in accordance with legislation.

A letter giving reasons for the decision will also be sent. The letter may also recommend further actions for you or FSL to take.

Reconsideration Requests

The official order is the appeal board's final decision on your appeal. However, if you or FSL staff have a valid reason, a written application to reconsider a decision may be made. You have 30 days after receiving the order to apply for this. If the board agrees to reconsider your appeal, another hearing will be held to allow the board to reconsider.

Appealing the Board's Decision

he decision of the appeal board may be challenged before the Provincial Court of Appeal on law or jurisdiction issues. This must be done within 30 days of receiving the decision from the appeal board. You should contact a lawyer for help or apply to Legal Aid.

For more information, contact:

Social Services Appeal Board
7th Floor - 175 Hargrave Street
Winnipeg, Manitoba R3C 3R8
Phone: (204) 945-3003 or (204) 945-3005 in Winnipeg
Toll free: 1-800-282-8069
TTY: (204) 948-2037
Fax: (204) 945-1736