Section 180 - Review and Appeal Procedures

This section of the Manual describes the two separate processes in place for the review of program eligibility and funding decisions by the marketAbilities Program administered through Manitoba Family Services and Consumer Affairs.

Decisions of basic ineligibility can be appealed to the Social Services Appeal Board (SSAB).

Decisions denying funding can be appealed to an internal Administrative Review Committee.

Social Services Appeal Board Procedure

Any person who applies for the marketAbilities Program and is denied such services on the grounds of not meeting the basic eligibility criteria as described in Section 22 of this manual, may appeal the decision to the Social Services Appeal Board under the provision of Regulation #1/90, The Social Services Administration Act .

The Department must notify the applicant by registered mail of the reason(s) for denying the person’s eligibility for the program within 15 days of making the decision.  The applicant has 30 days from the date the decision was made to file an appeal   on a prescribed form (Refer to Appendix III ).The Notice of Appeal is directed to:

The Social Services Appeal Board
7th Floor - 175 Hargrave
Winnipeg, MB R3C 3R8
Telephone: 945-3003

The SSAB has the authority to extend the time frame if the SSAB believes there are extenuating reasons why the appeal was not filed in time.

The person filing the appeal will be contacted by the Secretary to the Social Services Appeal Board and notified of the date and place of the hearing. A Hearing must be held within 30 days of the appeal being filed. The appellant may be represented at the hearing by another person of his/her choice to help present the case.
Following the hearing, the Chairperson of the Social Services Appeal Board shall provide a ruling on the matter within 15 days after the hearing.  Upon receipt of the order either party may ask the SSAB to reconsider its decision.  Additionally either party may seek leave to the Court of Appeal on any question involving the Board’s jurisdiction or on a point of law.  In either instance the applications must be made within 30 days after the Board’s order.

Administrative Review

Any decision respecting marketAbilities Individualized Training Funding is subject to an Administrative Review by the marketAbilities Program Administrative Review Committee on the written request of the region/agency and/or the program participant.

Committee membership includes the Executive Director and Team Leader  from the Community Services Delivery Division, Service Delivery Support Branch  and the Director of Employment and Training Services from Disability Programs and Employment and Income Assistance Division, Employment and Training Services Branch or their designates.

The committee’s scope is limited to reviewing the administration of funding requests to ensure the following:

• The decision was made in accordance with relevant policy;
• That the request received the appropriate consideration at all authority levels;

Following a decision to deny funding the applicant has 15 days to request an Administrative review.

Upon receipt of a request for an Administrative Review, the Executive Director of the Service Delivery Support Branch shall ensure that the Administrative Review Committee is convened within 30 days, all parties to the matter are invited to attend and members and guests have all relevant documentation and policy references in advance of the meeting. Note: Matters submitted for Administrative Review may be resolved prior to a formal meeting of the committee where it is determined that an error occurred in arriving at the original decision.

The Committee shall provide a decision in writing to the person requesting the review within 15 working days of the Administrative Review meeting. The Committee’s decision is final and not subject to further review or appeal.

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