Tuesday's Toronto Star has a story by Brendan Kennedy on delays at the Social Benefits Tribunal. (SBT) https://www.thestar.com/news/gta/2021/02/12/delays-at-the-social-benefits-tribunal-have-tripled-leaving-odsp-claimants-in-extended-limbo.html
The SBT is an administrative tribunal that deals specifically with appeals regarding social assistance.
The SBT hears appeals from people who have been turned down for the Ontario Disability Support Program (ODSP). The law related to this program is called the Ontario Disability Support Program Act (1997). This program is designed to help people with disabilities who are in financial need pay for living expenses, like food and housing.
Why are the delays happening?
One reason is that the Doug Ford government has not been appointing new members to the SBT. According to the story, there were 38 adjudicators when Ford won election in 2018. There are only 26 now.
The real issue though is that the provincial government is trying to undermine the social assistance system. They have no interest in supporting people living with disabilities.
For further evidence take a look at a recent piece in the Toronto Star written by Amira Elghawaby. https://www.thestar.com/opinion/contributors/2020/12/29/has-the-ford-government-cancelled-2021-for-ontarios-most-vulnerable.html
The story makes it clear that:
1. First-level decision by ministry staff to deny benefits is all about protecting the public purse.
2 But Ontario gives applicants right to evidence-based, independent review.
3 The majority of appeals filed in 2020 have yet to get a scheduled date for a hearing.
4 The 80% success rate in appeals of ministry decisions is a critique of the original decision making not problems with the SBT.
The delays are bad enough but there is speculation that the SBT might be eliminated.
Read a recent letter from Laura Hunter and Michael Ollier, Co-Chairs of the Steering Committee on Social Assistance for Ontario Community Legal Clinic. The letter is to the Attorney General of Ontario and the Minister of Children, Community & Social Services.
“The right to an appeal process at the Tribunal is enshrined in legislation, and it is a vital one that needs to be preserved. Even in the best of application systems, it is only fair and reasonable to apply a check on the decision-making of Ministry staff.” https://hamiltonjustice.ca/en/2020/12/10/alarmed-for-the-future-of-the-social-benefits-tribunal-and-appeals-process/
The Ontario government must preserve the important independent role of the Social Benefits Tribunal. No one should be wrongly denied the benefits they need for their survival.
