Reconsideration and appeal

You may ask the ministry to reconsider a decision about your application.

 

This is a time-sensitive process. You have 20 days from notification of a decision to submit the Request for Reconsideration form.

 

Contact the Child Care Services Centre for the Request for Reconsideration form. An adjudicator will generate a service request, prompting the Reconsideration adjudicator to fill out sections one and two of the form. These sections describe the decision made and the related legislation.

 

Complete sections three and four of the form and then return it to the Child Care Services Centre. Be sure to include any documentation or information you think is relevant.

 

You cannot submit new evidence after a decision on your reconsideration.

 

Tip: write down the dates you submit your paperwork. It takes approximately 10 business days for a final decision after the ministry receives your form.

Appeal the reconsideration decision

You may appeal the decision with the Employment and Assistance Appeal Tribunal. The tribunal will decide whether the ministry correctly applied the legislation. They will also look at whether the ministry considered the evidence submitted.

To request an appeal, submit the Notice of Appeal form. You must submit the form within seven days of notification of the reconsideration decision. If you do not, it will be legally binding that you have accepted the decision. You will not be able to file an appeal after that date.

• Get a copy of the Notice of Appeal form from the Child Care Service Centre or the Employment and Assistance Appeal Tribunal.

An appeal panel will review the reconsideration decision at an appeal hearing. The hearing usually takes place within 15 business days after you deliver your Notice of Appeal form.

• The hearing can be completed in writing, by teleconference, in person, or by video conference.

You will present your case at the hearing. You can submit evidence reasonably required for full and fair disclosure related to the reconsideration decision. You can also have someone represent you or help you make your case. A representative for the Ministry of Education and Child Care will present the ministry's case. They will not have authority to make decisions in the case.

The appeal panel will confirm or rescind the ministry's decision. Based on the documentation presented and any supporting testimony, the panel will make a final decision in writing. A majority decision is normally made within five business days of the hearing. A copy of the final decision will be sent to you and the Ministry of Education and Child Care.

Wait for a decision

If you were already receiving the Affordable Child Care Benefit, you may be eligible to continue receiving it while you wait for the outcome.

If you requested a reconsideration of a decision that discontinued or reduced your benefit amount, the previous benefit amount you received will continue to be paid until a decision is made.

If your application was denied, you will not receive the Affordable Child Care Benefit until a decision is made about your eligibility.