Comité des 12 - Publication # 11

 

SOME RIGHTS KEPT SECRET 

January 1, 2005

 

Table of Contents

YOU CAN ASK THE SUPERVISOR OR REGIONAL DIRECTOR TO REVIEW A DECISION

YOU MAY ASK SUPERVISORS TO MAKE AN EXCEPTION TO THE RULE

YOU HAVE THE RIGHT TO CALL THE REGIONAL DIRECTOR AT NO CHARGE

YOU HAVE THE RIGHT TO A HEALTH CARD IF YOU HAVE A SICK CHILD

YOU ARE ENTITLED TO HAVE YOUR MEDICAL TRAVEL EXPENSES PAID ON THE SECOND TRIP

YOU HAVE THE RIGHT TO TWO MONTHS OF ASSISTANCE WHEN YOUR CHILD LEAVES HOME

YOU HAVE THE RIGHT TO A SEPARATE FILE IF YOU ARE LIVING WITH YOUR PARENTS AND ARE NOT EMPLOYABLE

YOU NO LONGER HAVE TO SUBMIT CERTIFICATES IF YOU ARE RECEIVING MENTAL HEALTH COUNSELLING

YOUR LONG-TERM NEEDS WILL BE RECOGNIZED IF YOU ARE RECEIVING MENTAL HEALTH COUNSELLING

YOU HAVE THE RIGHT TO VOUCHERS IF YOU LOSE YOUR MONEY

YOU HAVE THE RIGHT TO THE ASSISTANCE YOU RECEIVED IF YOU HAVE FOLLOWED THE RULES

YOU MAY APPEAL A DECISION CONCERNING A PRESUMED OVERPAYMENT

YOU COULD BE ENTITLED TO ASSISTANCE EVEN IF YOU HAVE RECEIVED AN OVERPAYMENT

YOU MAY GIVE THE ADDRESS OF A BOARDING HOUSE AS PROOF OF RESIDENCE

YOU HAVE THE RIGHT TO ASSISTANCE IF YOU LIVE WITH YOUR PARENTS AND ARE WAITING FOR EMPLOYMENT INSURANCE

YOU HAVE THE RIGHT TO WRITTEN DECISIONS

YOU HAVE THE RIGHT TO A COPY OF THE DOCUMENTS YOU SIGN

YOU ARE ENTITLED TO ASSISTANCE IF YOU ARE AT RISK OF LOSING YOUR JOB

YOU HAVE THE RIGHT TO THERAPY IF YOU RETURN TO WORK

YOU MAY CLAIM THAT NEED TAKES PRECEDENCE OVER POLICIES

YOU HAVE THE RIGHT TO EXPLAIN YOURSELF AND TO SUGGEST AN ARRANGEMENT

Previously published...

 

1.

 

YOU CAN ASK THE SUPERVISOR OR REGIONAL DIRECTOR TO REVIEW A DECISION

If you are not satisfied with a decision by your manager, you can ask his orher supervisor to review it, and if you are still not in agreement you can ask the program manager and regional director.

IN OTHER WORDS :
Senior staff members have the power to review and change a decision made by your manager.  This prevents you from having to launch an appeal.

WHAT YOU MUST DO
Call the Reception to find out the name and telephone number of the supervisor and program manager you need to talk to.

SOURCE: Letter no. 1446 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated September 17, 2004.

BEFORE
You had no choice but to go to the appeal committee.  Often, you simply need to explain the situation to the managerís boss in order to get the decision changed in your favour.

 

2.

 

YOU MAY ASK SUPERVISORS TO MAKE AN EXCEPTION TO THE RULE

You can ask the supervisors to give you what your manager refused.

IN OTHER WORDS
If you are not satisfied with your managerís decision, you may approach his or her supervisor, who has the authority to change the decision.

WHAT YOU MUST DO
State that you are referring to either section 4(4) of the regulation (ignore the limitations imposed) or 4(2)b (ignore the requirements concerning basic needs allowance and assistance for items of special need).

SOURCE: Letter no. 1354 from Yvon Arseneau, Regional Director, Department of Family and Community Services, to the Comité des 12, dated January 12, 2004.

BEFORE 1996
Only the regional director had the right to make an exception to the rule. Supervisors did not have the authority to make exceptions.

 

3.

 

YOU HAVE THE RIGHT TO CALL THE REGIONAL DIRECTOR AT NO CHARGE

The department has reinstated the 1-800 line enabling residents of the Brantville and Rivière-du-Portage area to contact the Miramichi regional director at no charge.

IN OTHER WORDS
Access to the regional director is now free for all residents of the Miramichi region.

WHAT YOU MUST DO
Contact the Neguac office (776-3800) and ask to have your call transferred to the Miramichi office at no charge.

SOURCE: Letter no. 1260 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated July 31, 2003.

BEFORE
Recipients had to pay to call the regional director because the department had disconnected the 1-800 line.

 

4.

 

YOU HAVE THE RIGHT TO A HEALTH CARD IF YOU HAVE A SICK CHILD

If you have a low income, you may get assistance to care for your sick child.

IN OTHER WORDS
If you are unable to get the necessary medical care for your child, the department can provide you with financial assistance for treatment.

WHAT YOU MUST DO
You can ask the department to pay the expenses by giving you a health card.

SOURCE: Letter no. 1295 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated November 17, 2003.

BEFORE
If you could not afford treatment for your sick child and his or her safety was threatened, Child Protection could intervene.

___

5.

 

YOU ARE ENTITLED TO HAVE YOUR MEDICAL TRAVEL EXPENSES PAID ON THE SECOND TRIP

If you have to travel for medical reasons, the department will pay your expenses as of the second trip in the same month.

IN OTHER WORDS
If you have to travel more than once a month within the region to go to the doctor, the pharmacy, or to an appointment with a medical professional, the department will pay your travel expenses.

SOURCE: Letter no. 1497 from Yvon Arseneau, Regional Director, Department of Family and Community Services, to the Comité des 12, dated December 14,2004. 

BEFORE
Your medical travel expenses were not paid until after the third trip.

 

___

 

6

YOU HAVE THE RIGHT TO TWO MONTHS OF ASSISTANCE WHEN YOUR CHILD LEAVES HOME

A couple can continue to receive the same amount of assistance for two months after their child leaves home in order to prevent too sudden a drop in the family income.

IN OTHER WORDS
If your child lives with you and leaves home, you are entitled to the same level of assistance for another two months.

WHAT YOU MUST DO
Inform your manager that your child has left, and ask to continue your assistance at the same rate for two more months.

SOURCE: Letter no. 1369 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated February 9, 2004.

BEFORE
Your family income could drop from $925 a month (with the child tax benefit) to $485 per month ($246 less) when your child left home.

___

 

7

YOU HAVE THE RIGHT TO A SEPARATE FILE IF YOU ARE LIVING WITH YOUR PARENTS AND ARE NOT EMPLOYABLE

If you are an adult, live with your parents, and are off work for six months or more (medical certificate), you have the right to a separate file ($485 less 25%).

IN OTHER WORDS:
You can live with your parents and have your own file as long as you are not employable.

WHAT YOU MUST DO
Request your own file.  Make sure you have a medical certificate.

SOURCE: Letter no. 1407A from Donald Ferguson, Deputy Minister of Family and Community Services, to the Comité des 12, dated September 8, 2004.

BEFORE
If you were not employable and lived with your parents, you had to share the same file, which deprived you of an income.

 

___

 

8

YOU NO LONGER HAVE TO SUBMIT CERTIFICATES IF YOU ARE RECEIVING MENTAL HEALTH COUNSELLING

A person receiving mental health counselling no longer has to provide a medical certificate every six months to show that he or she is unable to work.

IN OTHER WORDS
By providing a report from your case manager indicating your incapacity, you will be exempted from having to provide medical reports every six months and you could be entitled to $485 per month rather than $264.

WHAT YOU MUST DO
Ask your case manager to submit a disability report to your manager.  This report is equivalent to a medical certificate.

SOURCE: Letter no. 1407 from the Comité des 12, dated April 16, 2004, addressed to Donald Ferguson, Deputy Minister of Family and Community Services, to remind him of a statement made during the meeting of April 15, 2004.

BEFORE
You had to submit medical reports repeatedly, every six months, to be entitled to $485 per month.  Reports from mental health professionals were not accepted.

___

 

9

YOUR LONG-TERM NEEDS WILL BE RECOGNIZED IF YOU RECEIVE LONG-TERM MENTAL HEALTH COUNSELLING

If you often receive mental health services, the department automatically recognizes that you have «long-term needs».

IN OTHER WORDS
That means you are going to receive $485 a month (without producing medical certificates) and that you will be able to live with your parents without your assistance being affected.

WHAT YOU MUST DO
Ask your case manager to confirm in writing to your manager that you are a regular client of mental health services.

SOURCE: Letter no. 1462 from Donald Ferguson, Deputy Minister of Family and Community Services, addressed to the Comité des 12, dated November 26, 2004.

BEFORE
It was not easy for mental health recipients to have their long-term needs recognized and to get their own file.

 

___

 

10

YOU HAVE THE RIGHT TO VOUCHERS IF YOU LOSE YOUR MONEY

Assistance can be paid to you in the form of vouchers if you lose your money once you have cashed your cheque.

IN OTHER WORDS
If you lose your money, the department can provide other assistance on the condition that you make a statement that you really have lost your money.

WHAT YOU MUST DO
Explain your case to your manager and request emergency assistance.  Your manager will have you sign a statement.

SOURCE: Letter no. 1351 from Yvon Arseneau, Regional Director, Department of Family and Community Services, to the Comité des 12, dated March 8, 2004.

BEFORE
If you lost your wallet, your manager would refuse to give you the money you had lost.

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11

YOU HAVE THE RIGHT TO KEEP ASSISTANCE IF YOU HAVE FOLLOWED THE RULES

If you have faithfully reported your situation to the department over the years, and one day it informs you that you have received an overpayment, you may challenge its decision.

IN OTHER WORDS
If you report all your income and the department gives you assistance, it cannot then force you to reimburse it for an overpayment.

WHAT YOU MUST DO
Write to the supervisor, the manager, or the regional director.  Explain that you have always reported your income and that in your opinion, you have nothing to repay.

NOTE
The department cannot force you to repay assistance you have received if you are in good standing.  The usual practice becomes equivalent to a policy.

___

 

 

12

YOU MAY APPEAL A DECISION CONCERNING A PRESUMED OVERPAYMENT

You may appeal a decision about an overpayment.  If you win, the overpayment is cancelled.  You may also appeal the amount required as a repayment.

IN OTHER WORDS
You may now challenge the overpayment in an appeal if you believe that the department has made an error.  You may also have the amount of the repayment reduced if you find it too high.

SOURCE: Letters no. 1321 and 1321.1 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated December 5, 2003 and February 2, 2004, respectively.

BEFORE
You could not appeal the existence of an overpayment, only the amount of the repayment.

 

___

 

 

13

YOU COULD BE ENTITLED TO ASSISTANCE EVEN IF YOU HAVE RECEIVED AN OVERPAYMENT

The department cannot take assistance away from you if you are in need. However, if you have received too much, the department can reduce your cheque by 5% to repay the extra that came to you.

IN OTHER WORDS
You do not lose your right to assistance permanently if you forget to report a change in your situation and you receive an overpayment.  An amount will simply be deducted from your assistance to pay back the extra you received.

SOURCE: Policy adopted by the Department of Health and Community Services following a memo from the Comité des 12 to Minister Ann Breault on September 7, 1993.

BEFORE
Assistance was cut off permanently if a recipient failed to report a change in his or her situation.  The person then had no means of support.

 

 

___

14

YOU MAY GIVE THE ADDRESS OF A BOARDING HOUSE AS PROOF OF RESIDENCE

The department will now accept the address of a mental health office, emergency shelter, or boarding house as proof of residence.

IN OTHER WORDS
The department cannot refuse to give you assistance because you have no residence.  If you have no money and no fixed address, you can still apply for assistance by giving one of the addresses indicated above.

SOURCE: Letter no. 1409A from Bernard Richard, Ombudsman, addressed to the Comité des 12, dated November 24, 2004, confirming that the departmentís policy on proof of residence has been changed.

BEFORE
You could not find a place to live as long as you had no assistance, and you could not get assistance if you did not have an address.

__

 

15

YOU HAVE THE RIGHT TO THE ASSISTANCE YOU RECEIVED IF YOU ARE LIVING WITH YOUR PARENTS AND ARE WAITING FOR EMPLOYMENT INSURANCE

If you are waiting for employment insurance benefits, you have the right to assistance as long as you repay the amount after you receive your employment insurance.

IN OTHER WORDS
If you are without income while waiting for employment insurance, you may apply for assistance.

WHAT YOU MUST DO
Your manager will get you to sign a repayment agreement.  Ask for a copy.

SOURCE: Letter no. 1285 from Tony Huntjens, Minister of Family and Community Services, addressed to the Comité des 12, dated October 16, 2003.

BEFORE
Some managers refused to grant you assistance, even if you agreed to repay the assistance received, if you lived with your parents.

 

__

 

 

16

YOU HAVE THE RIGHT TO WRITTEN DECISIONS

Recipients are informed in writing when their assistance is refused, withdrawn, or modified.  The reasons are explained and they are informed of their right to appeal.

IN OTHER WORDS
If there is a change in your assistance, your manager must inform you in writing and provide the reasons.

WHAT YOU MUST DO
If your manager calls you, ask him or her to confirm by letter what he or she said to you over the telephone.

SOURCE: Letter no. 1335 from Tony Huntjens, Minister of Family and Community Services, dated January 21, 2004, addressed to the Comité des 12.

BEFORE
Sometimes you would get a letter saying that your assistance was going to be reduced, but the reasons were not explained and you were not informed of your right to appeal.

__

 

17

YOU HAVE THE RIGHT TO A COPY OF THE DOCUMENTS YOU SIGN

In applying for assistance, you have the right to a copy of the documents you sign.  These documents will then be used to determine your eligibility.

IN OTHER WORDS
You have the right to receive a copy of what you sign.

WHAT YOU MUST DO
When you apply for assistance, ask the intake officer when you are filling the application to give you a copy of everything you sign.

SOURCE: Letter no. 1280 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated October 16, 2003.

BEFORE
The department did not give you a copy of the forms you had to sign.  You did not have the chance to read what you were signing.

__

 

 

 

18

YOU ARE ENTITLED TO ASSISTANCE IF YOU ARE AT RISK OF LOSING YOUR JOB

In order for every citizen to be as independent as possible, the department promotes training and a return to work, but it also wants to keep people working if they already have a job.

IN OTHER WORDS
The department can help you if you have a low income and need assistance to stay on the labour market.

WHAT YOU MUST DO
Ask the department to give you a health card if you have to take a lot of medications.  The regional director and supervisors can issue a card if they believe you are at risk of leaving the labour market permanently.

NOTE
Managers often follow the rule strictly without looking at the negative effects of a lack of assistance.

___

 

19

YOU HAVE THE RIGHT TO THERAPY IF YOU RETURN TO WORK

When a person has a mental health problem and wants to return to work or take training, he or she has the right to a consultation paid for by the department.

IN OTHER WORDS
If you want to go back to work and you feel you need to see a professional, the department will pay the cost.

WHAT YOU MUST DO
Ask your manager to refer you to a professional for consultation.

SOURCE: Letter no. 1349 from Tony Huntjens, Minister of Family and Community Services, to the Comité des 12, dated January 26, 2004.

BEFORE
Managers refused to pay fees for therapeutic services, even when they were recommended by social workers.

 

__

 

20

YOU MAY CLAIM THAT NEED TAKES PRECEDENCE OVER POLICY

There is an exception to every rule, since circumstances vary from one case to another.

IN OTHER WORDS
A rule may be good in general, but it might not apply in your case because your situation is different from others.

WHAT YOU MUST DO
Explain to your manager's boss how your case is different and ask him or her to review your manager's decision.

NOTE
Your manager may be using the correct procedure, but adhering to the letter rather than the spirit of the law may lead to injustice.

__

 

21

YOU HAVE THE RIGHT TO EXPLAIN YOURSELF AND TO SUGGEST AN ARRANGEMENT

It is often possible to negotiate an arrangement when you can no longer pay your debts, but you must provide an explanation.

IN OTHER WORDS
If you have bought something on credit and then you cannot afford the payments, call the vendor to suggest an arrangement.  Send him or her your proposal in writing.

WHAT YOU MUST DO
If the vendor contacts a collection agency, have all communications sent to you in writing in order to protect yourself.

NOTE
If you cannot write a letter yourself, ask someone to do it for you.  See the sample letter below.

 

EXAMPLE OF A PROPOSED ARRANGEMENT WITH THE VENDOR

This is in reference to my debt, which I am unable to pay at the moment.  I would like to suggest an arrangement.  I trust you will understand that the delay in my payments is caused by circumstances related to my illness and that this is beyond my control.

My proposal is as follows.  I am prepared to make two payments of $50 and three payments of $40 on the 20th of the month when I receive my Child Tax Benefit.

I am confident that you will accept my proposal.  Please contact me in writing as soon as possible.

 

_____

 

Previously published...

1. Sortir les têtes enfouies dans le béton, $5.00 (refusal to see disabilities)

2. Écritures simples pour régler les problèmes compliqués, $5.00 (practical guide)

3. Arrondir les dents des loups, $5.00 (militancy in the form of an illustrated fable)

4. Comment se prévaloir de la Loi sur le droit ý l'information, $5.00 (practical guide)

5. Des droits tenus secrets (Rights kept secret), $2.00 (useful information for recipients)

6. La Loi sur l'aide au revenu décortiquée, $2.00 (the legislation explained for the public)

7. Assouplir l'aide au revenu, $2.00 (recommendations for reforms to income assistance legislation)

8. Aider financièrement ou donner du pain, $15.00 (social security system)

9. Faire appel sans avoir peur, $10.00 (simple explanation of the appeal system)

10. Aider les groupes à faibles moyens à se faire entendre, $10.00 (community leadership)

 

 

Le Comité des 12

The Comité des 12 is a social justice movement whose mission is to fight injustices.  Its methods include writing letters for those who can't, social activism, advocacy, social research, public education, and volunteerism committed to social reform.

The group works creatively to achieve social change.  It is an advocate for the disadvantaged at no charge.  Its actions are based on social justice and human rights and it defends the right of citizens to fair public policies.

The Comité des 12 is a member of the Common front for social justice and aligns its strategies with those of the Common front.

This publication shows the role the Comité des 12 plays in making public policies more flexible.  The Comité helps the government to improve its policies by sharing its experience on an ongoing basis and by «feeling the pulse» of New Brunswickers.  It aims to improve social conditions, one policy at a time.

 

Comité des 12

6 Haché Street

Caraquet, N.B.

E1W 1A4