Government of New Brunswick

Overview

This department makes hundreds of decisions every day. If you disagree with a decision made about your case, you can appeal.

Eligibility

You have the right to appeal if:
- the department is taking too long to make a decision about your assistance,
- your request for assistance was turned down,
- some or all of your assistance was stopped, or
- you have not been granted enough assistance for your needs.

Description

The Appeal Board permits clients to seek an independent review of a departmental decision. It is a quasi-judicial, independent tribunal, based on Administrative Law of Natural Justice. The Appeal Board is established under the Family Income Security Act and Regulations.

The Regulations ensure that the Board is composed of a Chairperson, a vice-Chairperson, and at least fourteen members, who shall be appointed by the Lieutenant-Governor in Council. Appeal Board Members are generally civic minded individuals with sufficient flexibility in their daily schedules to attend the hearings, of which there are on average of two or three per month. Each member of a Board, including the Chairperson, are appointed for a term of up to three years and may be reappointed for subsequent terms of up to three years.

There are two steps to follow if you wish to appeal:

1. Request for Review

Ask an employee of the department for a Request for Review form. You have 30 working days to fill out the form and send it to the local regional office of this department.

An area reviewer who is knowledgeable about the Family Income Security Act and Regulations will review your case.

Within 15 working days of receiving your request, the area reviewer will make a decision on your case and send you a letter letting you know the outcome.

The area reviewer may decide in your favour and overturn the department's decision, or agree with the original decision and turn down your request. The area reviewer's decision is based on the information you have provided and the Family Income Security Act and Regulations.

2. Request for Appeal

If you are unhappy with the area reviewer's decision, you can have the Board hold a hearing to review your case.

The Appeal Board is separate from the department. It's members are people from your community who do not work for the department. Their job is to provide applicants and clients with an independent review of a departmental decision.

You will receive a Request for Appeal form if the area reviewer turns down your request. You have 20 working days to fill out this form and send it to the address on the form. The Board will send you a Notice of Hearing letter that will tell you the date, time and place of your appeal.