The Province announced yesterday that it will implement an Annualized Earnings Exemption (AEE) model in January 2015. This means that the $800 monthly earnings exemption that PWD recipients are eligible for will be calculated over the year ($9,600) rather than the month. This will provide much more flexibility and choice and is a positive change. If you have any questions about this, please call Robin Loxton at 604-872-1278 or 1-800-663-1278.

For more information, please visit this link: http://www.newsroom.gov.bc.ca/2014/12/flexibility-helps-people-with-disabilities-earn.html

DABC has received the following notice from the Ministry of Social Development and Social Innovation:

As of Monday, November 3, 2014, the Ministry of Social Development and Social Innovation will have a new virtual streamlined approach for Income or Disability Assistance applications for specialized populations. 

The Ministry is realigning service delivery to better meet the needs of people receiving income or disability assistance. We are looking for opportunities to deliver services in a more simplified, standardized and streamlined way.  We are moving towards more technology-enabled and virtually delivered services in order to provide people receiving income or disability assistance with more flexibility on how, when and where to access our services.

We are introducing a new service delivery model that will bring together all service delivery functions under a provincial model, rather than a predominantly regionally based model. We anticipate consistent and standardized client experience across the province.

Information on the process for each specialized intake application will be shared with all liaisons and contacts.

Specialized Intakes will include:

–          Hospital Applications
–          Corrections Applications (Provincial and Federal)
–          Youth In Transition and Underage Persons With Disabilities Applications
–          Licensed and Registered Supportive Recovery Facilities/Homes

Further information is available by calling the ministry’s toll free number 1-866-866-0800 and following the prompts to speak with a Specialized Intake representative as outlined below:

• Select Option 2: …all general inquiries, enter your 10 digit phone number, then press option 3, and then press option 5.

Phone service is available Monday – Friday between 9:00am – 4:00pm Pacific Standard Time (PST). Please note that our peak call volume generally occurs between 9:00am – 9:30am and 1:00pm – 2:00pm each day.

Each Specialized Intake stakeholder group (as listed above) will receive further details in the near future specific to your respective client group.

We anticipate no disruption in service and thank you for your patience during this time of transition.

We’ve updated our on-line guide, the Social Security Tribunal, to reflect the changes outlined below. The guide can be found at: http://tinyurl.com/lym6spl

Notice of Readiness Eliminated

Because of an appeal backlog, the Social Security Tribunal (SST) has made changes to the way it processes appeals. As it may take up to 18 months to clear its backlog, the SST has eliminated the need for appellants to provide a Notice of Readiness within 365 days of filing an appeal. Instead, appellants can now provide additional information up to 30 days before any hearing date.

Hearing Information Form (HIF) Added

When the SST notifies the parties that it is ready to proceed with an appeal it will also ask them to complete a Hearing Information Form (HIF). The HIF asks parties to indicate if they have a representative, any witnesses, and whether they require a translator. It also asks the parties to indicate what type of hearing they would not participate in. The choices are: a) Written questions and answers (Hearing based on the written record); (b) Videoconference (at a Service Canada Centre); (c) Teleconference (by telephone); (d) Personal appearance of the parties (at a Service Canada Centre).

The SST will also ask the parties to provide dates when they may be unavailable for a hearing and which days of the week and times of day they would prefer a hearing to be scheduled.

Photo ID Required

Service Canada requires appellants to show photo ID before they are allowed to enter a Canada Pension Plan Disability (CPPD) hearing room.

Translation

Initially there was some uncertainty about whether the SST will provide translation services; however, SST’s website and HIF both indicate a translator will be provided if needed.

Legal Update

In a recent appeal decision L. L. v. Minister of Human Resources and Skills Development and A. C., 2013 SSTAD 12, the SST Appeals Division wrote:

[15]      To ensure fairness, the Appeal will be examined based on the Appellant’s legitimate expectations at the time of the original filing of the Application for Leave to Appeal with the PAB. For this reason, the Appeal determination will be made on the basis of an appeal de novo in accordance with subsection 84(1) of the Canada Pension Plan, R.S.C. 1985, c. C-8 (CPP or Plan) as it read immediately before April 1, 2013.

This decision is important for individuals who filed their appeal with the previous Review Tribunal before April 1, 2013. Under the previous legislation appellants had an automatic right to an in-person oral hearing before the Tribunal panel. If an appeal was filed before April 1, 2013 it could be argued that the reasoning in this decision be applied and that appellants can ask that their appeal be heard at an in-person oral hearing in accordance with the legislation in place when they filed their appeal. If appellants do not want an in-person oral hearing, they can also ask for a hearing based on the written record, by phone, or teleconference. Here’s a link to this decision on the Canadian Legal Information Institute’s (CanLII) website: http://tinyurl.com/pqv5sjc

Other News

The Ministry responsible for administering the Canada Pension Plan has had a name change. Formerly known as Human Resources and Skills Development Canada (HRSDC) the Ministry is now called Employment and Social Development Canada (ESDC).

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If you have any questions about the information in this Community Update, please call Peter Beaudin or Ashley Silcock at 604-872-1278 or toll-free at 1-800-663-1278.

P.S. Have you signed up for Our Voice, our monthly e-newsletter? If you would like to receive it please go to this link: http://www.bccpd.bc.ca/ And don’t forget to “like” us on Facebook and follow us on Twitter. Thank you.