Kahnawà:ke Social Assistance Program Appeal Procedure

These procedures are designed to provide recourse in the form of an appeal process whereby beneficiaries who feel that a particular decision made in regard to their file has been unfairly or unsatisfactorily rendered.

Appeal decisions shall be based on existing rules and regulations, however some flexibility and sensitivity may be exercised as each case warrants.

1. Appeal

- When a beneficiary feels that a decision to her/his file is unsatisfactory
and the resulting benefit(s) are unfair, the opportunity to appeal the
decision is available.

- The letter of appeal shall be addressed to and by the General Manager of Social Assistance.

- An appeal shall be submitted in writing by the beneficiary within 5 days of
the decision in question.

- The beneficiary may request help in writing the letter of appeal from their
Case Officer.

- A copy of the decision in question must accompany the letter of appeal.

- The beneficiary shall also have the opportunity to present her/his facts in
person if they wish to do so.

- Pending the appeal, the decision and its conditions (with some exceptions)
will stand until the General Manager has rendered a new decision. If the appeal
cannot be addressed within 5 working days and any reduction or
cancellation of benefits will prove detrimental to the beneficiary’s quality
of life, an advance may be made to assist them.

APPEAL PROCEDURE

- The appeal decision shall be rendered in consultation with the Director of Client Based Services, within 5 days of the application

- A written account of the appeal decision shall be given to the beneficiary,
and their Case Officer.

- If the appeal decision is still unsatisfactory to the beneficiary, a second and
final opportunity to appeal is available.

2. Final Appeal

- The beneficiary may make a request for a final appeal to the Client Based Services Committee if the decision of the first appeal is still unsatisfactory.

- The beneficiary must submit a written request to the CBS committee
within 5 working days of the initial appeal decision,

- A copy of the initial appeal decision must accompany the request for final
appeal as well as a copy of the original decision of the Case Officer.

- The beneficiary shall also have the opportunity to give an in-person
account of the facts in regard to the appeal.

- The final appeal committee consists of:

- the three organizational representatives (KEC,TEWA and KSCS)
- between two and four CBS portfolio Chiefs

All of whom may not have a conflict of interest with the beneficiary.

- Appeal decisions shall be based primarily on existing rules and regulations
however some flexibility and sensitivity may be exercised.

APPEAL PROCEDURE

- A decision must be rendered within 5 working days of the application.

- A written report of the decision of this committee will be entered into the
beneficiary’s file with a copy mailed to her/his address.

- The decision of the CBSC is final.

In the context of this procedure, a decision does not necessarily have to be a written notice, cheques are considered decisions when they reflect a reduction or adjustment in benefits.

CONTACT: 450-638-0500