HELP’S AT Hand, by North
Shore Community Services
QNSCS), is a forum for discussing
government policies and pro-
grams, benefits, consumer and
legal rights, taxation and public
services.

Answers are intended only as a
general guide and should not be
applied to individual cases without
further consultation.

Question: I have just been turn-
ed dowa for welfare and it seems
really unfair to me. Is there any-
thiag that I can do or will E just
have to live with their decision?

Answer: If you believe that a
decision made by the Ministry of
Social Services is unfair, you will
be pleased to know that there is
an appeal process that you can go
through that asks them to take a
second look at the decision they
made.

It is not unusual for people to
appeal decisions and you wiil find
that itis not a difficult process.

Some of the other decisions that
people appeal are things like hav-
ing their welfare cut off or the
amount reduced or being turned
down for an emergency grant.

_. The first thing you should do to ©

start an appeal is to get a written
explanation from your financial
- aid worker saying why your re-
quest for welfare (also known as
income assistance, or GAIN) was
. turned down.

- | Be sure that you understand the
reasons given.

~ You only have 30 days from the
‘time your request for welfare was
turned down to start your appeal.
> Jell your worker. that you want to
‘appeal and ask for an appeal kit.

If they will not sive you a kit
you can appeal by writing a letter.
Make sure to say in your letter
that this-is your notice of appeal
and then state the decision you are
appealing.
~ ft-is OK to get a friend or
“coramunity: worker to help you
with your appeal. Asking a gov-
ernment authority to change their
‘decision can be stressful, so even
if you. can handle the appeal on

“your ‘own, it is a good idea to

B.C. BRANCH
CANADIAN BAR
ASSOCIATION

. . Robert Gourlay

- The British Columbia Branch of
the Canadian Bar Association is
'. pleased to announce the election
of Robert Gourlay as President.
Rob Gourlay, who practices in
the areas of criminal Jaw, com-
-mercial and personal injury liti-
gation with the West Vancouver
firm of Gourlay, Spencer and
Slade, has served the Canadian
Bar Association at both the pro-
vincial and nationalexecutive tev-
_els, He was elected vice-presi-
dent of the B.C. Branch in 1991.
A graduate of the University of
British Columbia and the Univer-
sity of Toronto, Mr. Gourlay has
also served as a director of the
Continuing Legal Education So-
ciety of British Columbia and is a
former president of the B.C.
Crown Counsel Asscciation.
The B.C. Branch of the Canadi-
an Bar Association represents
more than 7,500 B.C. lawyers.

HELP’S AT HAN!

have the support of someone.

The ministry has 10 days from
the date they get your notice of
appeal or your appeal letter to
consider changing the decision. In
the case of a GAIN for Handi-
capped decision, they have 30
days.

Someone will be given the job
of reviewing the decision, but it
will not be the worker who origi-
nally turned you down. After this
process,. known as the ad-
ministrative review, you will be
informed by letter of their deci-
sion.

If you are not satisfied with the
decision that was made, you do
have another chance.

You have seven days from the
time you get the decision to fill
out and send in the bo:tom half
of the form or letter you received.
This form asks that a tribunal be
set up to hear your case.

A tribunal is an informal

one person chosen by you as a
representative; one person chosen
by the district ministry office; and
a chairperson chosen by the above
two people.

The person you choose, referred
to as your ‘“‘nominee,’’ should
know the law and regulations
concerning GAIN, and be familiar
with your situation. Your nominee
cannot be a relative.

The person you choose is not
there to fight the case for you, but
to be present during the tribunal,
listen to all the evidence, and then
make their decision.

Going to tribunal probably
sounds scary, but it is not as for-
mal as a court hearing. Your
chances of winning here are better
than at the administrative review.

The meeting is usually held in a
community centre or church. You
will be able to speak for yourself
if you want or have a friend or
advocate speak for you.

You can bring things that you

think might help your case, such
as a budget showing your income
and expenses. You can also bring
witnesses to speak for you and say
why they think your request
should be granted.

The tribunal decision is made
by a majority vote: two out of
three votes. The decision comes
into effect immediately.

For assistance with welfare ap-
peals, you can contact a legal in-
formation counsellor at our office
at 985-7138.

Another option would be the
Law Students Legal Advice Pro-
grain, which holds a drop-in legal
Clinic on Wednesday evenings
from 7 to 9 p.m. at Queen Mary
Community School, at 230 Keith
Rd. in North Vancouver.

North Shore Community Ser-
vices and the Public Legal Educa-
tion Society is co-sponsoring a
free workshop on Welfare Rights
on Thursday, Oct. 1 from 7 to 9
p.m. at North Shore Neighbour-

meeting made up of three people:

JU

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