For a retroactive payment to be made, an APPLICATION must have been SUBMITTED and not processed in the proper manner.
The FILING of a DOCUMENT may be comparable to an application if it is possible to make a connection between the information contained in the document and the right to additional assistance.
A decision is incorrect when it is based on only part of the facts disclosed by the application.
Both of the following 2 CONDITIONS must be met before any decision may be taken with respect to retroactive payment of assistance:
- the assistance or a part thereof has not been paid because of an ERROR ATTRIBUTABLE to Income Security and that error is obvious and not the subject of any dispute;
- the applicant was ENTITLED to this ASSISTANCE or a part thereof under the Act or Regulation.
If these conditions are met, the assistance is adjusted for every month where an error occurred in the calculation of the deficit and takes place in one of the following two ways:
- through regular processing procedures;
or
- through special processing procedures to correct an administrative error.
The adjustment is made when a decision has been rendered or when the cheque has not been adjusted to reflect the information provided by the client; the cheque denotes a decision.
- The assistance is adjusted through REGULAR PROCESSING PROCEDURES in the following 3 situations:
- 90 DAYS OR LESS have elapsed since the error was made. The CLIENT finds the error and files a "DEMANDE DE RÉVISION" [APPLICATION FOR REVIEW]:
- The review office reviews the application according to regular review procedures and makes a decision within the allotted time.
- The client may avail himself of the right to appeal before the Appeal Committee.
- 90 DAYS OR LESS have elapsed since the error was made. The CLIENT finds the error and INFORMS HIS COUNSELLOR OR the client finds the error and files an APPLICATION FOR REVIEW which the CLE INTERCEPTS at the screening stage of the review process;
- the COUNSELLOR FINDS THE ERROR himself or herself:
- The counsellor adjusts the assistance retroactively to the date on which the error was made.
- This new decision is subject to the usual review and appeal process.
- MORE THAN 90 DAYS have elapsed since the error was made and the client can show that he was UNABLE TO ACT sooner, giving the client back his right to review:
- Income Security office receives and reviews the application according to regular review procedures and makes a decision within the allotted time.
- The client may avail himself of the right to appeal before the Appeal Committee.
- The assistance is adjusted through SPECIAL PROCESSING PROCEDURES TO CORRECT AN ADMINISTRATIVE ERROR only in the following situation:
- MORE THAN 90 DAYS have elapsed since the error was made. The client was NOT UNABLE TO ACT and the requirements for review are NOT MET:
- The Band Council may review this type of case in which there is an appearance of right but where the regular remedies are not available.